STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2010-19579-H
					)
SOLVENT DISTRIBUTORS OF INDIANA, INC.,					)
D.B.A. PARTS CLEANING TECHNOLOGIES,					)
					)
Respondent.					)

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. 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 (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.

2. Respondent is Solvent Distributors of Indiana, Inc., d.b.a. Parts Cleaning Technologies, (“Respondent”), which owns and/or operates a facility with United States Environmental Protection Agency (“EPA”) ID No. IND 085616837, located at 2263 Distributors Drive in Indianapolis, Marion County, Indiana (“Site”).

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 (“NOV”) via Certified Mail to:

David Crandell, President	Roy Richards, Registered Agent for
Solvent Distributors of Indiana, Inc.,	Solvent Distributors of Indiana, Inc.,
d.b.a. Parts Cleaning Technologies	d.b.a. Parts Cleaning Technologies
24901 Northwestern Highway, Suite 209	2263 Distributors Drive
Indianapolis, IN 46204	Southfield, MI 48075

5. Respondent last notified the EPA of Large Quantity Generator and Transfer Facility activities on December 11, 2009.

6. Respondent is a distributor of chlorinated solvents. Respondent brings off-site hazardous wastes to the Site for recycling under the provisions of 40 CFR 261.6, which allows, in part, a facility to operate without a permit as long as recyclable materials (hazardous wastes that are recycled) are not stored prior to processing. IDEM has developed a “staging” policy which allows, in part, recyclable materials to be accumulated on-site for up to seventy two (72) hours before processing.

7. 329 IAC 3.1 incorporates certain federal hazardous waste management requirements found in 40 CFR Parts 260 through 270, and Part 273 including these identified below.

8. During an investigation, including an inspection on September 30, 2010 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 261.6(c)(2) referencing 40 CFR 265.71, owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject, in part, to the following requirements: (a) if a facility receives hazardous waste accompanied by a manifest, the owner or operator, or his agent, must sign and date each copy of the manifest to certify that the hazardous waste covered by the manifest was received, and immediately give the transporter at least one copy of the signed manifest.

As noted during the inspection, Respondent failed to sign and date each copy of the manifest accompanying recyclable materials upon receipt and failed to immediately give a signed copy of the manifest to the transporter.

Respondent presented information at a settlement conference between the two parties on March 24, 2011, indicating that instead of signing the transporter copy of the manifest, Respondent made a copy of the generator copy and signed it before giving that copy to the transporter. This was done because the transporter copy was often hard to read as well as to sign.

b. Pursuant to 40 CFR 270.1(c), a permit is required for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.

As noted during the inspection, Respondent stored hazardous waste identified or listed in 40 CFR Part 261 without a permit. Respondent received recyclable materials from off-site and stored them on-site prior to processing.

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.

As noted during the inspection, Respondent operated a hazardous waste facility without having first obtained a permit from the department.

d. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility shall notify the commissioner of its hazardous waste activity on the approved forms.

As noted during the inspection, Respondent failed to notify the Commissioner of hazardous waste storage activities.

e. Pursuant to 40 CFR 262.32, before transporting hazardous waste off-site or offering hazardous waste for transportation off-site, a generator must mark the waste in accordance with the applicable Department of Transportation (“DOT”) regulations.

As noted during the inspection, Respondent failed to comply with DOT regulations when it did not mark Respondent’s name on approximately thirty-four (34) 55-gallon containers placed on two semi-trailers, which were awaiting transport from the facility.

Respondent presented information at a settlement conference between the two parties on March 24, 2011, attesting that only two containers were unmarked with Respondent’s name, and that the violation was corrected at the time of the inspection.

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.

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not mark several hazardous waste containers located in the Recovery Room with accumulation start dates.

Respondent presented information at a settlement conference between the two parties on March 24, 2011, attesting that four containers were hot and had to cool before dates could be affixed.

g. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, a generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection, equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency.

As noted during the inspection, Respondent failed to provide the required aisle space in two (2) semi-trailers holding containers of hazardous waste located at the receiving dock.

Respondent corrected the violation at the time of the inspection.

h. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, the content of the contingency plan must include the following: a description of appropriate actions, arrangements with local emergency response teams, contact information for the emergency coordinators, emergency equipment, and an evacuation plan.

As noted during the inspection, Respondent's contingency plan did not include all of the required information, including, but not limited to, a description of the emergency equipment, evacuation routes, and arrangements made with local emergency service providers.

On November 30, 2010, Respondent submitted to IDEM via email information regarding the emergency equipment and the evacuation route. Respondent has also made arrangements with local emergency providers since the date of the inspection.

i. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (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 the initial training.

As noted during the inspection, Respondent did not provide employees performing hazardous waste duties with initial and/or annual hazardous waste training.

Since the date of the inspection, Respondent has notified IDEM that training has been provided to employees, which includes training specific to their hazardous waste duties.

j. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1-4), certain hazardous waste training related documents and records including job title, job descriptions, a description of the type and amount of required training, and completion documents with respect to the hazardous waste management training must be maintained on-site.

As noted during the inspection, Respondent did not maintain all of the required hazardous waste training related documents and records including, but not limited to, current job descriptions, duties, and names of the employees handling hazardous waste, on-site.

On November 30, 2010, Respondent submitted to IDEM via email information regarding current job descriptions. Respondent has also provided records including duties and names of employees handling hazardous waste since the date of the inspection.

k. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, all new and existing tank systems must have secondary containment systems operated to prevent the migration of waste or liquid out of the system and be capable of detecting and collecting releases and accumulated liquid. The system must be lined with or constructed of materials compatible with the waste and provided with a leak detection system that will detect a release within 24 hours. The system must be free of cracks or gaps.

As noted during the inspection, Respondent did not provide adequate secondary containment for two (2) 450-gallon totes in the Recovery Room, which were being used as hazardous waste tanks.

Respondent presented information at a settlement conference between the two parties on March 24, 2011, indicating that only one of the tanks was being used to accumulate hazardous waste. Respondent has notified IDEM that it is in the process of obtaining secondary containment for the tank.

l. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. Generators of tank systems that either use leak detection equipment to alert facility personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect tank systems at least weekly. Use of the alternate inspection schedule must be documented.

As noted during the inspection, Respondent did not conduct the required inspections for two (2) totes being used as hazardous waste storage tanks located in the Recovery Room.

Respondent presented information at a settlement conference between the two parties on March 24, 2011, indicating that only one of the tanks was being used to accumulate hazardous waste, and that that tank is being provided with the required inspections, including documentation of compliance with 40 CFR 265, Subpart BB and CC.

m. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.1050 et seq., certain equipment such as pumps, valves, and flanges, that contacts or contains hazardous waste with organic concentrations of at least 10 percent are subject to air emission standards.

As noted in the inspection, Respondent did not comply with the air emission standards for the equipment associated with the two (2) totes being used as hazardous waste storage tanks located in the Recovery Room. The totes were hard-piped into the still system.

Respondent presented information at a settlement conference between the two parties on March 24, 2011, indicating that only one of the tanks was being used to accumulate hazardous waste, and that that tank has been provided with the requirements of 40 CFR 265, Subpart BB. This is subject to field verification by IDEM.

n. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.1080 et seq., a tank or container for which all hazardous waste entering the unit has an average VO concentration of 500 ppmw is subject to air emission standards.

As noted during the inspection, Respondent did not comply with the air emission standards for two (2) totes being used as hazardous waste storage tanks located in the Recovery Room.

Respondent presented information at a settlement conference between the two parties on March 24, 2011, indicating that only one of the tanks was being used to accumulate hazardous waste, and that that tank has been provided with the requirements of 40 CFR 265, Subpart CC. This is subject to field verification by IDEM.

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 the rules listed in the findings here and/or above at issue.

3. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.71. Specifically, Respondent shall sign and date each copy of the manifest accompanying recyclable materials upon receipt and immediately give a signed copy of the manifest to the transporter.

4. Upon the Effective Date, Respondent shall cease the storage of recyclable materials brought from off-site for greater than seventy-two (72) hours prior to processing without first obtaining a permit from IDEM.

5. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.32. Specifically, before transporting hazardous waste off-site or offering hazardous waste for transportation off-site, Respondent shall mark the waste in accordance with the applicable DOT regulations.

6. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(a)(2). Specifically, Respondent shall clearly mark the date when the accumulation begins on each container accumulating hazardous waste.

7. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.35. Specifically, Respondent shall maintain aisle space to allow the unobstructed movement of personnel, fire protection, equipment, spill control equipment, and decontamination equipment to any area of facility operation, including semi-trailers holding containers of hazardous waste, in an emergency.

8. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.52. Specifically, Respondent shall ensure that its contingency plan includes all of the required information, including, but not limited to, arrangements made with local emergency service providers.

9. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.16. Specifically, Respondent shall ensure that employees are provided with training specific to their hazardous waste duties.

10. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 265.193. Specifically, Respondent shall submit to IDEM for approval documentation demonstrating that adequate secondary containment has been provided for the tote being used as a hazardous waste storage tank located in the Recovery Room.

11. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.195. Specifically, Respondent shall ensure the required inspections are being conducted for the tote being used as a hazardous waste storage tank located in the Recovery Room.

12. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.1050 et seq. Specifically, Respondent shall ensure that the equipment associated with the tote being used as hazardous waste storage tank located in the Recovery Room is in compliance with applicable air emission standards.

13. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.1080 et seq. Specifically, Respondent shall ensure that the tote being used as hazardous waste storage tank located in the Recovery Room is in compliance with applicable air emission standards.

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

Brenda Lepter, Enforcement Case Manager

Office of Land Quality – Mail Code 60-02L

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

15. Respondent is assessed a civil penalty of Eleven Thousand Three Hundred Dollars ($11,300). 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.

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

Failure to comply with Order paragraph No. 10

$500 per week

17. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude Complainant from seeking any additional relief against Respondent for violation of this Agreed Order. In lieu of any of the stipulated penalties set out above, 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.

18. 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 – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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 Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: _______________________
COUNSEL FOR COMPLAINANT:				COUNSEL FOR RESPONDENT:
For the Department of Environmental Management
By: ________________________				By: ________________________
	Deputy Attorney General
Date: _______________________				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_____	DAY OF	_________________,	201_.
				For the Commissioner:
				Signed on July 6, 2011
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality