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.

PLASTECH DECORATING SYSTEMS, INC.

a/k/a

PLASTECH ENGINEERED PRODUCTS, INC.,

Respondent.

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Case No. 2005-14901-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.

 

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 Plastech Decorating Systems, Inc., a/k/a Plastech Engineered Products, Inc. ("Respondent"), which owns and operates the company with U.S. EPA ID No. IND 981 091 887, located at 300 South Progress Drive East in Kendallville, Noble 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 24, 2006, IDEM issued a Notice of Violation via Certified Mail to:

 

Ms. Julie N. Brown

CT Corporation System

President

Registered Agent for:

Plastech Decorating Systems, Inc.

Plastech Decorating Systems, Inc.

a/k/a

a/k/a

Plastech Engineered Products, Inc.

Plastech Engineered Products, Inc

22000 Garrison Street

251 East Ohio Street, Suite 1100

Dearborn, Michigan 48124

Indianapolis, Indiana 46204

 

5.                  Respondent notified the U.S. EPA of Small Quantity Generator activities on March 12, 2004.  During the inspection, Respondent’s generation rate was that of a Large Quantity Generator.  Respondent manufactures air circulation components for the automotive industry.  Manufacturing processes include injection molding, painting, and assembly.

 

6.                  An inspection on May 10, 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 did not make a hazardous waste determination on spent paint booth filters and rags, both of which were contaminated with lacquer thinner.  During a May 3, 2006 settlement conference, Respondent provided IDEM with hazardous waste determinations for the spent paint booth filters and the rags.  The filters are no longer hazardous due to a process change.  The rags are now laundered.

 

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 sent its hazardous waste to a disposal facility that did not have an EPA identification number and allowed the waste to be transported by a transporter that did not have an EPA identification number.  The hazardous waste was transported by National Serv-all and disposed of at National Serv-all Landfill.

 

c.                  Pursuant to 40 CFR 262.20, a generator who transports or offers for transportation hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest.  Respondent offered for transportation hazardous  spent booth filters and rags off-site without preparing a manifest.

 

d.                  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 and allowed hazardous spent booth filters and rags to be transported without a manifest.

 

e.                  Pursuant to 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed.  Respondent did not determine if its hazardous spent booth filters and rags were restricted from land disposal or if they needed to be treated before being land disposed.

 

f.                    Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 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 one 20-cubic yard roll-off box of hazardous waste with the accumulation start date.

 

g.                  Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the containers are marked with the words “Hazardous Waste.”  Respondent did not mark one 20-cubic yard roll-off box of hazardous waste with the words “Hazardous Waste.”

 

h.                  Pursuant to 40 CFR 262.34(a)(1)(i) 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 one 20-cubic yard roll-off box of hazardous waste closed.

 

i.                    Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, a generator must maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment.  Respondent did not provide adequate aisle space for one 55-gallon drum of hazardous waste paint located in the paint booth.  Respondent corrected this violation during the inspection.

 

j.                     Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a),(b), and (c), facility personnel must complete a program of classroom instruction or on the job training that teaches them to perform their duties in compliance with the hazardous waste management rules.  Employees must be trained within six months after their date of hire and must take part in an annual review of initial training.  Respondent failed to provide employees with the required hazardous waste management training.  During the May 3, 2006 settlement conference, Respondent indicated that despite the facility status of a Small Quantity Generator, employees would be provided with training that meets all the requirements of 40 CFR 265.16.

 

k.                  Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, a facility’s contingency plan must include certain information.  Respondent’s   contingency plan did not include the following information:

 

1)                 Arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams.

 

2)                 A list of the names, addresses, and home and work phone numbers of all persons qualified to act as emergency coordinators.

 

3)                 A list of all emergency equipment at the facility including the locations and a physical description of the equipment.

 

7.                  On May 3, 2006, the parties met to discuss the above allegations. During this meeting, Respondent provided documentation that the regulatory status of the facility is now that of a Small Quantity Generator.

 

8.                  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.                  Upon the Effective Date of this Agreed Order, Respondent shall ensure that hazardous waste determinations are made on all waste streams generated at the facility.

 

3.                  Upon the Effective Date of this Agreed Order, Respondent shall ensure that manifests are prepared for and accompany all shipments of hazardous waste off-site.

 

4.                  Upon the Effective Date of this Agreed Order, Respondent shall ensure that all containers of hazardous waste are stored closed.

 

5.                  Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(d)(5)(iii).  Specifically, Respondent shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.

 

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

 

Ms. Aubrey N. Sherif

Senior Environmental Manager

Indiana Department of Environmental Management

Office of Enforcement          Mail Code 60-02

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

7.                  Respondent is assessed a civil penalty of Thirty Thousand Dollars ($30,000).  Said penalty amount shall be due and payable to the Environmental Management Special Fund in six payments of Five Thousand Dollars ($5,000) each.  The first payment shall be due within thirty (30) days of the Effective Date of this Agreed Order.  The remaining five payments shall be due every thirty (30) days thereafter.

 

8.                  Civil 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

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

9.                  In the event that the civil penalty required by Order paragraph 7 is not paid in accordance with the schedule set forth above, 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.

 

10.             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.

 

11.             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.

 

12.             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.

 

13.             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 November 21, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement