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STATE OF |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. SPECTRUM
PRESS, INC., Respondent. |
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AGREED
ORDER
The Complainant and the Respondent desire
to settle and compromise this action without hearing or adjudication of any
issue of fact or law, and consent to the entry of the following Findings of
Fact and Order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management, a department of the
State of
2.
Respondent is Spectrum Press, Inc.
("Respondent"), which owns and operates the facility with U.S. EPA ID
No. INR 000 019 059, located at
3.
The Indiana Department of Environmental
Management (“IDEM”) has jurisdiction over the parties and the subject matter of
this action.
4.
Pursuant to IC 13-30-3-3, on
Mr. Stanley L. Thomas, President and Registered Agent
Spectrum Press, Inc.
5.
Respondent notified the U.S. EPA of Small
Quantity Generator activities on
6.
An inspection on
a.
Pursuant to 40 CFR 262.34(d)(2)
referencing 40 CFR 265.173(a), a container holding hazardous waste must always
be closed during storage, unless necessary to add or remove waste. Respondent did not store four (4) ink waste
satellite accumulation containers and four (4) ink
contaminated wiping cloth satellite accumulation containers closed.
b.
Pursuant to 40 CFR 262.34(d)(4) referencing 40
CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180
days or less without a permit, provided that the date when the accumulation
begins is clearly marked and visible for inspection on each container. Respondent did not label four (4) hazardous
ink waste containers in the container storage area with accumulation start
dates.
c.
Pursuant to 40 CFR 262.34(d)(4) referencing 40
CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 180
days or less without a permit, provided that the containers are marked with the
words "Hazardous Waste."
Respondent did not label four (4) hazardous ink waste containers in the
container storage area with the words "Hazardous Waste."
d.
Pursuant to 40 CFR 262.34(c)(1)(ii), a generator
may accumulate as much as 55 gallons of hazardous waste at or near the point of
generation without a permit and without complying with 40 CFR 262.34(a),
provided that the containers are marked with either the words "Hazardous
Waste" or with other words describing the contents. Respondent did not properly label four (4) ink
waste satellite accumulation containers.
e.
Pursuant to 40 CFR 262.34(f), a generator who
generates greater than 100 kilograms but less than 1000 kilograms of hazardous
waste in a calendar month and who accumulates hazardous waste for more than 180
days is an operator of a storage facility and is subject to the requirements of
40 CFR Part 264 and the permit requirements of 40 CFR Part 270. Respondent stored a hazardous waste container
on-site in the container storage area for greater than 180 days without
complying with 40 CFR Part 264 and 40 CFR Part 270.
f.
Pursuant to 40 CFR 270.1(c), RCRA requires a
permit for the treatment, storage and disposal of any hazardous waste as
identified or listed in 40 CFR Part 261.
Respondent stored hazardous waste identified or listed in 40 CFR Part
261 without a permit.
g.
Pursuant to IC 13-30-2-1(10), a person may not
commence or engage in the operation of a hazardous waste facility without
having first obtained a permit from the department. Respondent operated a hazardous waste
facility without having first obtained a permit from the department.
h.
Pursuant to 329 IAC 3.1-1-10, every hazardous
waste generator, transporter, or owner or operator of a hazardous waste facility,
must notify the Commissioner of its hazardous waste activity on the approved
forms. Respondent failed to notify the
Commissioner of hazardous waste storage activities.
i.
Pursuant to 40 CFR 262.34(d)(5),
a generator must implement certain measures to address an emergency
situation. Respondent did not post a
list of emergency information next to the telephone.
7.
In recognition of the settlement reached,
Respondent waives any right to administrative and judicial review of this
Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
("Effective Date") when it is approved by the Complainant or his
delegate, and has been received by the Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall comply with 40 CFR 262.34(d)(2) referencing 40 CFR 265.173(a). Specifically, Respondent shall store all
hazardous waste containers closed unless necessary to add or remove waste.
3.
Respondent shall comply with 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2). Specifically, Respondent shall label all
hazardous waste containers with the accumulation start date.
4.
Respondent shall comply with 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3). Specifically, Respondent shall mark all
hazardous waste containers with the words “Hazardous Waste.”
5.
Respondent shall comply with 40 CFR 262.34(c)(1)(ii).
Specifically, Respondent shall mark all satellite hazardous waste
accumulation containers with the words “Hazardous Waste” or with other words
describing the contents.
6.
Respondent shall comply with 40 CFR
262.34(f). Specifically, Respondent
shall not store hazardous waste for more than 180 days without complying with
40 CFR Part 264 and 40 CFR Part 270.
7.
Respondent shall comply with 40 CFR 270.1(c), IC
13-30-2-1(10), and 329 IAC 3.1-1-10.
Specifically, Respondent shall not accumulate hazardous waste for more
than 180 days without having first obtained a permit and without notifying the
Commissioner of storage activity.
8.
Within thirty (30) days of the Effective Date of
this Agreed Order, Respondent shall decontaminate the hazardous waste container
storage area noted in Finding 6.e., hereinafter referred to as “the pad”, as
follows:
a.
remove all wastes from the pad and appropriately
dispose;
b.
mechanically clean the pad by scraping,
sweeping, or other method, to remove all physical contamination;
c.
inspect the pad for
cracks. If cracks are detected, perform
Item j. at this point;
d.
wash the pad with a high pressure steam cleaner
with detergent or appropriate solvent to remove the previously stored waste
materials;
e.
rinse the pad three (3) times with water;
f.
collect the third
(final) rinsate separately and analyze two (2)
samples to show that the pad’s surface meets the cleanup levels. For inorganic and certain organic parameters,
the cleanup levels of the rinsate will be based on
the Maximum Contaminant Levels (MCLs) of the National
Primary Drinking Water Regulations (40 CFR 141). For the organic parameters without MCLs, the cleanup levels of the rinsate
will be based on the analytical methods’ Estimated Quantitation
Limits (EQLs), as defined in SW-846. The analytical parameters will be based on
wastes previously stored on the pad;
g.
the decontamination procedure shall be repeated until
the cleanup levels are met;
h.
ensure that care is taken to prevent migration
of cleaning liquids from the pad area;
i.
collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;
j.
sample the soil
underlying any cracks found in the inspection to check for contamination. If no contamination is found, seal the cracks
and proceed with Items d. through i. above;
k.
if contamination is found, submit a hazardous
waste closure plan within sixty (60) days to IDEM for approval for the
container storage area in accordance with the provisions of 40 CFR 264 Subpart
G, as incorporated by 329 IAC 3.1-9-1;
l.
upon notice of approval of the closure plan
by IDEM, implement the approved plan in accordance with the time frames
contained therein.
9.
Within fifteen (15) days of completing the
decontamination required in Order 8, Respondent shall submit documentation,
including sample results, that the decontamination has been completed to IDEM
for review. Analytical results submitted
to IDEM for review shall include signed chain-of-custody sheets, sampling
dates, analysis dates, analytical methods used, MCLs,
EQLs and quality control results. The quality assurance/quality control (QA/QC)
results shall include initial and continuing calibration results, blank
results, matrix duplicates, and matrix spike/matrix spike duplicate results.
10.
In the event IDEM determines that any plan
submitted by Respondent is deficient or otherwise unacceptable, Respondent
shall revise and resubmit the plan to IDEM in accordance with IDEM's notice. After
three (3) submissions of such plan by Respondent, IDEM may modify and approve
any such plan and Respondent must implement the plan as modified by IDEM. The approved plan shall be incorporated into
this Agreed Order and shall be deemed an enforceable part thereof.
11.
Respondent shall comply with 40 CFR 262.34(d)(5). Specifically,
Respondent shall post a list of emergency information next to the telephone.
12.
All submittals required by this Agreed Order,
unless notified otherwise in writing, shall be sent to:
Ms. Lori Colpaert, Enforcement Case Manager
Indiana Department of Environmental Management
Office of Enforcement Mail Code
100 N. Senate Avenue
13.
Respondent is assessed a civil penalty of Five
Thousand Four Hundred Thirty Seven Dollars ($5,437). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date of this Agreed Order.
14.
In the event the terms and conditions of the
following paragraphs are violated, the Complainant may assess and the
Respondent shall pay a stipulated penalty in the following amount:
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Violation |
Penalty |
15.
Stipulated penalties shall be due and payable
within thirty (30) days after Respondent receives written notice that the Complainant
has determined a stipulated penalty is due.
Assessment and payment of stipulated penalties shall not preclude the
Complainant from seeking any additional relief against the Respondent for
violation of the Agreed Order. In lieu
of any of the stipulated penalties given above, the Complainant may seek any
other remedies or sanctions available by virtue of Respondent’s violation of
this Agreed Order or Indiana law, including, but not limited to, civil penalties
pursuant to IC 13-30-4.
16.
Civil and stipulated penalties are payable by
check to the Environmental Management Special Fund. Checks shall include the Case Number of this
action and shall be mailed to:
Indiana Department of Environmental Management
Cashier’s Office Mail Code 50-10C
17.
In the event that the civil penalty required by
Order paragraph 13 is not paid within thirty (30) days of the Effective Date of
this Agreed Order, Respondent shall pay interest on the unpaid balance at the
rate established by IC 24-4.6-1-101. The
interest shall continue to accrue until the civil penalty is paid in full.
18.
This Agreed Order shall apply to and be binding
upon the Respondent, its successors and assigns. The Respondent's signatories
to this Agreed Order certify that they are fully authorized to execute this
document and legally bind the parties they represent. No change in ownership, corporate, or
partnership status of the Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
19.
In the event that any terms of the Agreed Order
are found to be invalid, the remaining terms shall remain in full force and
effect and shall be construed and enforced as if the Agreed Order did not
contain the invalid terms.
20.
The Respondent shall provide a copy of this
Agreed Order, if in force, to any subsequent owners or successors before
ownership rights are transferred. Respondent shall ensure that all contractors,
firms and other persons performing work under this Agreed Order comply with the
terms of this Agreed Order.
21.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Nancy L. Johnston, Chief |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Office of Legal Counsel |
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APPROVED AND ADOPTED BY THE INDIANA
DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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For The Commissioner: |
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Signed on |
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Matthew T. Klein |
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Assistant Commissioner for |
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Compliance and Enforcement |
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