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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. Key
plastics l.l.c, Respondent. |
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AGREED ORDER
Complainant and 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 (“IDEM”), a department of the State of
2.
Respondent is
Key Plastics L.L.C. (“Respondent”), which owns and operates the company with United
States Environmental Protection Agency (EPA) ID No. IN0000038059, located at
3.
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:
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Jessica
Reiss, |
National
Registered Agents Inc. |
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Environmental,
Health and Safety Manager |
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Key
Plastics L.L.C. |
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5.
Respondent
notified EPA of Large Quantity Generator activities on October 28, 1993.
6.
Respondent is a
manufacturer of automotive parts, including door jambs and air bag covers.
Respondent conducts plastic injection molding, painting and assembly at the
Site.
7.
329 IAC 3.1
incorporates certain Federal hazardous waste management requirements found in 40
CFR Parts 260 through Part 270 and Part 273, including those identified below.
8.
During an
investigation, including an inspection on June 18, 2007, conducted by a representative of IDEM, the following violations
were found:
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 hazardous waste determinations on twenty-eight (28) 55-gallon containers
stored in the outside accumulation area which contained solid wastes generated
by Respondent.
Respondent
submitted hazardous waste determinations to IDEM for the twenty-eight (28)
55-gallon containers stored in the outside accumulation area on September 7,
2007.
b. Pursuant
to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than
90 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 eight (8) 55-gallon
containers of paint solids hazardous waste on-site for greater than 90 days
without complying with 40 CFR Part 264 and 40 CFR Part 270.
Respondent
removed the eight (8) 55-gallon containers of paint solids hazardous waste from
the Site on June 28, 2007.
c. 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.
d. 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 accumulated hazardous waste
on-site, without a permit, and did not mark one (1) container of paint solids hazardous
waste in the outside storage area, twenty-eight (28) 55-gallon containers of
unknown hazardous waste in the outside storage area and two (2) 55-gallon
containers of liquid hazardous waste in the Paint Product Storage Room with
accumulation start dates.
Respondent
submitted documentation to IDEM on September 7, 2007 to show that containers were
labeled with the accumulation start dates after the inspection was completed.
e. 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 containers are labeled or
marked clearly with the words “Hazardous Waste.” Respondent accumulated hazardous waste
on-site, without a permit, and did not label or clearly mark hazardous waste
containers in the outside storage area with the words “Hazardous Waste.”
Respondent
submitted documentation to IDEM on September 7, 2007 to show that containers
were labeled with the words “Hazardous Waste” after the inspection was
completed.
f. 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 failed to provide the required
aisle space in the inside and outside hazardous waste accumulation areas.
Respondent
submitted documentation to IDEM on September 7, 2007 to show that the inside
hazardous waste storage area had been redesigned to maintain adequate aisle
space.
g. Pursuant
to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of
hazardous waste in containers 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 accumulated hazardous waste in five (5) containers at or near
the point of generation, painting operations, without a permit and did not
properly mark satellite accumulation containers with either the words
“Hazardous Waste” or with other words describing the contents.
Respondent
submitted documentation of properly labeled containers to IDEM on September 7,
2007.
h. Pursuant
to 40 CFR 262.34(a)(4) referencing 40 CFR 265.54, a facility’s contingency plan
must be amended whenever applicable regulations are revised; the plan fails in
an emergency; the facility changes its design, construction, or operation; or
the list of emergency coordinators or emergency equipment changes. Respondent failed to amend the contingency
plan to reflect an updated list of emergency coordinators. Two of the coordinators listed in the
contingency plan are no longer at the site.
Respondent
submitted an amended Contingency Plan with the updated list of emergency
coordinators to IDEM on September 7, 2007.
i. Pursuant
to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16, training records must include
the job title for each position at the facility related to hazardous waste
management and the name of the employee filling each job. Respondent's training
records did not include the job descriptions of personnel handing hazardous
waste and the job title or job description for the facility environmental
coordinator.
Respondent
submitted job descriptions of personnel handing hazardous waste and the job
description for the facility environmental coordinator to IDEM on September 7,
2007.
j. Pursuant
to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten
to discharge, emit, cause, or allow any contaminant or waste, including any
noxious odor, either alone or in combination with contaminants from other
sources, into the environment in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3. Respondent allowed liquid from paint sludge
to be discharged to the ground while it was being conveyed to the roll-off
container.
k. Pursuant
to 329 IAC 10-4-2, no person shall cause or allow the storage, containment,
processing, or disposal of solid waste in a manner which creates a threat to
human health or the environment, including the creating of a fire hazard,
vector attraction, air or water pollution, or other contamination. Respondent caused and/or allowed paint sludge
to be disposed at the Site in a manner which creates a threat to human health
or the environment.
l. Pursuant
to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in
IC 13-11-2-146 and IC 13-11-2-147, are prohibited. Respondent caused and/or allowed paint sludge
to be open dumped at the Site.
m. Pursuant
to 40 CFR 273.14 (e) and 329 IAC 3.1-16-2(a)(4), each lamp or container or
package in which lamps are contained must be labeled or marked clearly with the
phrase “Universal Waste Lamps” or “Used Lamps” or with other words that
accurately identify the universal waste lamps.
Respondent stored an unlabeled container of universal waste fluorescent
lamps on-site.
Respondent
submitted documentation to IDEM on September 7, 2007 that the container of
universal waste fluorescent lamps was labeled after the inspection was
completed.
n. Pursuant
to 40 CFR 273.13(d)(1), universal waste handlers must contain any lamp in
containers or packages that are structurally sound, adequate to prevent
breakage, and compatible with the contents of the lamps. Such containers must remain closed and must
lack evidence of leakage, spillage or damage that could cause leakage under reasonably
foreseeable conditions. Respondent
stored an open container of universal waste fluorescent lamps on-site.
Respondent
submitted documentation to IDEM on September 7, 2007 that the container of
universal waste fluorescent lamps was closed after the inspection was
completed.
9. 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 Complainant
or Complainant’s delegate, and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall
comply with statutes and rules listed in the findings here and above at issue.
3.
Respondent shall
comply with 40 CFR 262.34(b) and IC 13-30-2-1(10). Specifically, Respondent shall not store
hazardous waste without a Permit.
4.
Responded shall
comply with 40 CFR 262.34(a)(2).
Specifically, Respondent shall mark containers of hazardous waste with
the accumulation start date.
5.
Respondent shall
comply with 40 CFR 262.34(a)(3).
Specifically, Respondent shall label or mark containers of hazardous
waste with the words “Hazardous Waste”.
6.
Respondent shall
comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.35. Specifically, Respondent shall maintain
adequate aisle space to allow the unobstructed movement of personnel, fire
protection, spill control, and decontamination equipment in the outside hazardous
waste accumulation area.
7. Respondent
shall comply with 40 CFR 262.3(c)(1)(ii).
Specifically, Respondent shall mark satellite accumulation containers
with the words “Hazardous Waste” or with other words to describe the contents.
8. Respondent
shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.54. Specifically, Respondent shall amend the
facility’s contingency plan whenever applicable regulations are revised; the
plan fails in an emergency; the facility changes its design, construction, or
operation; or the list of emergency coordinators or emergency equipment
changes.
9. Respondent
shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.16. Specifically, Respondent shall ensure that
training records include the job title for each position at the facility
related to hazardous waste management and the name of the employee filling each
job.
10. Respondent
shall comply with IC 13-30-2-1(1). Specifically,
Respondent shall cease allowing paint sludge to be discharged to the ground
while it is being conveyed to or from the roll-off container.
11. Respondent
shall comply with 40 CFR 273.14(e) and 329 IAC 3.1-16-2(a)(4). Specifically, Respondent shall label or mark
clearly all containers of universal waste lamps with the words “Universal Waste
Lamps” or “Used Lamps’ or with other words that accurately identify universal
waste lamps.
12. Respondent
shall comply with 40 CFR 273.13(d)(1). Specifically,
Respondent shall contain any lamps in containers or packages that are
structurally sound, adequate to prevent breakage, and compatible with the
contents of the lamps. Such containers
must remain closed and must lack evidence of leakage, spillage or damage that
could cause leakage under reasonably foreseeable conditions.
13. All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
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Kris
Mangold, Enforcement Case Manager |
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Office
of Enforcement – Mail Code 60-02 |
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Indiana
Department of Environmental Management |
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14. Respondent
is assessed a civil penalty of Twenty Six Thousand Two Hundred Fifty Dollars
($26,250). Said penalty amount shall be
due and payable to the Environmental Management Special Fund within thirty (30)
days of the Effective Date. In the event
that the civil penalty is not paid within thirty (30) days of the Effective
Date, 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.
15. 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:
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Indiana
Department of Environmental Management |
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Cashier
– Mail Code 50-10C |
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16. This
Agreed Order shall apply to and be binding upon Respondent and its successors
and assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or partnership
status of Respondent shall in any way alter its status or responsibilities
under this Agreed Order.
17. In the
event that any terms of this 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 this Agreed Order did not contain the invalid terms.
18. 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.
19. This Agreed Order is not
and shall not be interpreted to be a permit or a modification of an existing
permit. This Agreed Order, and IDEM’s
review or approval of any submittal made by Respondent pursuant to this Agreed
Order, shall not in any way relieve Respondent of its obligation to comply with
the requirements of its applicable permits or any applicable Federal or State
law or regulation.
20.
Complainant does
not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s
compliance with any aspect of this Agreed Order will result in compliance with
the provisions of any permit, order, or any applicable Federal or State law or
regulation. Additionally, IDEM, or
anyone acting on its behalf, shall not be held liable for any costs or
penalties Respondent may incur as a result of Respondent’s efforts to comply
with this Agreed Order.
21. Nothing in this Agreed
Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive
relief under any applicable Federal or State law or regulation, except that
IDEM may not, and hereby waives its right to, seek additional civil penalties
for the same violations specified in the NOV.
22. Nothing in this Agreed
Order shall prevent IDEM, or anyone acting on its behalf, from communicating
with the EPA or any other agency or entity about any matters relating to this
enforcement action. IDEM or anyone
acting on its behalf shall not be held liable for any costs or penalties
Respondent may incur as a result of such communications with the EPA or any
other agency or entity.
23. 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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Department of Environmental Management |
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By: |
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Nancy Johnston, Section Chief |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental Management |
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By: |
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By: |
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Deputy Attorney General |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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, 2007. |
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For the Commissioner: |
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Signed on December 19, 2007 |
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Robert B. Keene |
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Assistant Commissioner |
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Office of Legal Counsel and Enforcement |
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