STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

MODERN DOOR CORPORATION,

Respondent.

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Case No 2005-14837-H

 

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.  Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.  Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.

 

I.  FINDINGS OF FACT

 

1.                  Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

 

2.                  Respondent is Modern Door Corporation ("Respondent"), which owns and operates the company with U.S. EPA ID No. IND  175 582 089, located at 1300 Virginia Street in Walkerton, St. Joseph County, Indiana (“Site”).

 

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 February 16, 2006, IDEM issued a Notice of Violation via Certified Mail to:

 

Mr. Gary Matz, President

Mr. Steve Burdine, Registered Agent for:

Modern Door Corporation

Modern Door Corporation

PO Box Q

C/O Modern Door Corp.- Industrial Park Rd.

Elkhart Lake, Wisconsin 53020

Walkerton, Indiana 46574

 

5.                  Respondent notified the U.S. EPA of Small Quantity Generator activities in 1988.  Respondent manufactures metal doors, windows, ventilation products, fasteners, and closures.

 

6.                  An inspection on July 14, 2005 was conducted at the Site by a representative of IDEM’s Office of Land Quality (“OLQ”).  The following violations were in existence or observed at the time of this inspection:

 

a.         Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous.  Respondent had not made waste determinations on the following:

 

1.         Five 55-gallon drums located on the dock pad.

 

2.         Three 5-gallon pails located on the dock pad.

 

3.         Paint booth filters.

 

4.         Rags.

 

Subsequent to the inspection, Respondent determined that the drums and pails contained non-hazardous waste (oil and water), while the paint booth filters and rags were both hazardous.  On March 14, 2005, Respondent submitted documentation showing that all solid and hazardous waste was sent off-site to the appropriate disposal facilities.  Respondent also submitted copies of the information used in making the waste determinations.

 

b.         Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have   not received an EPA identification number.  Respondent offered hazardous   waste paint booth filters and rags to Prairie View Landfill, a disposal facility that does not have an EPA ID number.  Respondent also used a transporter that is not authorized to transport hazardous waste.

 

c.         Pursuant to IC-13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.  Respondent caused or allowed hazardous waste paint booth filters and rags to be transported without a manifest.

 

d.         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 two 55-gallon drums located in the storage room with accumulation start dates.  This violation was corrected at the time of the inspection.

 

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.                  All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

 

Aubrey N. Sherif

Senior Environmental Manager

Office of Enforcement, Mail Code 60-02

Indiana Department of Environmental Management

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

3.                  Respondent is assessed a civil penalty of Eight Thousand Seven Hundred Fifty Dollars ($8,750).  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.

 

4.                  The civil penalty is payable by check to the Environmental Management Special Fund.  Checks shall include the Case Number of this action and shall be mailed to:

 

Cashier’s Office

Mail Code  50-10C

Indiana Department of Environmental Management

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

5.                  In the event that the civil penalty required by Order paragraph 3 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.

 

6.                  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.

 

7.                  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.

 

8.                  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.

 

9.                  This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

 

 

By:

 

 

By:

 

 

Nancy L. Johnston, Chief

 

Printed:

 

 

Office of Enforcement

 

Title:

 

 

 

 

 

 

Date:

 

 

Date:

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Office of Legal Counsel

 

 

 

Date:

 

 

Date:

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

 DAY OF

 

, 200

 

.

 

 

For The Commissioner:

 

 

 

Signed on May 11, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement