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 HARD CHROME
OF INDIANA, INC.,

Respondent.

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Case No. 2006-15916-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 Modern Hard Chrome of Indiana, Inc. ("Respondent"), which operates the company with U.S. EPA ID No. IND 981 191 091, located at 3550 Canal Street, in East Chicago, Lake 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:

 

Charles H. Nicholl, President

Glenn R. Patterson

Modern Hard Chrome of

Registered Agent

Indiana, Inc.

Modern Hard Chrome of

3550 Canal Street

Indiana, Inc.

East Chicago, Indiana 46312

300 East 90th Drive

 

Merrillville, Indiana 46410

 

5.                  Respondent notified the U.S. EPA of Large Quantity Generator activities on May 26, 1994.  Respondent performs industrial hard chrome plating of work rolls for the steel and aluminum industry.  Processes included cleaning, etching (electro discharge texturing) and chrome re-plating of used rolls.  Waste is generated from the etching of rolls prior to cleaning and the rinsing of rolls after they have been cleaned prior to putting them into the plating bath.

 

6.                  An inspection on June 14, 2006, 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(c)(l)(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 stored three (3) 55-gallon satellite hazardous waste containers used for draining filter sticks (D007 and D008) open.  This violation was also cited during an April 24, 2002, inspection.

 

On October 4, 2006, Respondent submitted documentation indicating that the satellite hazardous waste containers were being stored closed.

 

b.                  Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(c), facility personnel must take part in an annual review of the initial hazardous waste training.  Respondent did not provide an annual review of the initial training for the hazardous waste personnel.  This violation was also cited during a June 22, 1998, and April 24, 2002 inspection.

 

On October 4, 2006, Respondent submitted documentation indicating that Dennis Dean’s annual review will be conducted on October 17, 2006, and that training for the other employees will follow.

 

c.                  Pursuant to 40 CFR 262.42(a)(2)(i) and (ii), a generator must submit an Exception Report to the EPA Regional Administrator for the Region in which the generator is located if he has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter.  Respondent did not submit to IDEM the Exception Report that was required for manifest number IN030505B.

 

On October 4, 2006, Respondent submitted a copy of the manifest that contains the signature of the owner or operator of the designated facility.

 

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.                  Upon the Effective Date of the Order, Respondent shall comply with 40 CFR 262.34(c)(l)(i).  Specifically, Respondent shall ensure that all containers used to store hazardous waste are stored closed, except when adding or removing waste.

 

3.                  Within thirty-five (35) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.16(c).  Specifically, Respondent shall ensure that all hazardous waste personnel take part in the hazardous waste annual reviews.  Also, ensure that the training is documented.

 

4.                  Within forty days (40) days of the Effective Date of this Agreed Order, Respondent shall submit a copy of the revised hazardous waste training records to IDEM.

 

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

 

Idelia Walker-Glover, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Enforcement - Mail Code 60-02

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

6.                  Respondent is assessed a civil penalty of Two Thousand Four Hundred Dollars ($2,400).  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.

 

7.                  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:

 

Violation

Penalty

Failure to comply with Order paragraph 2

$250 per week

Failure to comply with Order paragraph 3

$500 per week

Failure to comply with Order paragraph 4

$250 per week

 

8.                  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.

 

9.                  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

 

10.             In the event that the civil penalty required by Order paragraph 6 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.

 

11.             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.

 

12.             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.

 

13.             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.

 

14.             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 29, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement