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.

RR DONNELLEY & SONS COMPANY,

Respondent.

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Case No. 2005-15203-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 RR Donnelley & Sons Company ("Respondent"), which owns and operates the facility with U.S. EPA ID No. IND 005 480 710, located at 2801 West Old Road 30, in Warsaw, Kosciusko 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, IDEM issued a Notice of Violation via Certified Mail to:

 

Mr. Mark A. Angelson, CEO

CT Corporation System, Registered Agent

RR Donnelley & Sons Company

RR Donnelley & Sons Company

77 West Wacker Drive

251 East Ohio Street, Suite 1100

Chicago, Illinois 60601

Indianapolis, Indiana 46204

 

5.         Respondent last notified the U.S. EPA of Large Quantity Generator activities on March 25, 2003.  Respondent operates a gravure printing facility that prints a variety of catalogs and publications.

 

6.         An inspection on June 23, 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 262.34(a)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste to the air, soil, or surface water, which could threaten human health or the environment.  Respondent failed to properly manage F003/F005/D001 hazardous waste to minimize a release to the environment.

 

b.         Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have an integrity assessment certified by an independent, qualified, registered, professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity.  Respondent did not provide the required integrity assessments for two (2) hazardous waste storage tanks, the 8,000 gallon white still bottoms tank and the 1,000 gallon blue waste ink solvent tank.

 

c.         Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(d), all tanks and ancillary equipment must be tested for tightness before being covered, enclosed, or placed into use.  Respondent did not test the 8,000 gallon white still bottoms tank and the 1,000 gallon blue waste ink solvent tank for tightness.

 

On April 17, 2006, Respondent provided documentation to IDEM that the 8,000 gallon white still bottoms tank and the 1,000 gallon blue waste ink solvent tank were installed in 1981 and 1975.

 

d.         Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(c), the owner or operator of a tank system must comply with the requirements of 40 CFR 265.196 if any leak or spill occurs in the tank system.  Respondent did not immediately stop the flow of hazardous waste into the tank system and remove the waste from secondary containment for the 1,000 gallon blue waste ink solvent tank system.

 

e.         Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day.  Respondent did not adequately conduct the required inspections of the 1,000 gallon blue waste ink solvent tank.

 

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(a)(4) referencing 40 CFR 265.31.  Specifically, Respondent shall maintain and operate the facility to minimize the possibility of a release of hazardous waste.

 

3.         Within sixty (60) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a).  Specifically, Respondent shall conduct integrity assessments for two hazardous waste storage tanks, the 8,000 white still bottoms tank and the 1,000 gallon blue waste ink solvent tank, and submit documentation to IDEM for review.

 

4.         Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(c).  Specifically, Respondent shall comply with the requirements of 40 CFR 265.196 if any leak or spill occurs in a hazardous waste tank system.

 

5.         Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195.  Specifically, Respondent shall inspect hazardous waste tank systems once each operating day.

 

6.         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 60-02

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

7.         Respondent is assessed a civil penalty of Nine Thousand Five Hundred Sixty Three Dollars ($9,563).  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.

 

8.         In the event the terms and conditions of the following paragraph are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

 

Violation

Penalty

Failure to comply with Order paragraph 3

$500 per week

 

9.         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.

 

10.       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

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

11.       In the event that the civil penalty required by Order paragraph 7 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.

 

12.       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.

 

13.       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.

 

14.       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.

 

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

 

 

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TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

RR Donnelley & Sons Company

 

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 June 11, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement