STATE OF INDIANA

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SS:

BEFORE THE INDIANA DEPARTMENT OF

 

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COUNTY OF MARION

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ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

 

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Complainant,

 

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v.

 

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Case No. 2013-22040-H

 

 

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SUPERIOR METAL TECHNOLOGIES LLC,

 

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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.  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 Superior Metal Technologies LLC. (“Respondent”), which owns/operates the company with United States Environmental Protection Agency (EPA) ID No. IND 984 867 366, located at 9850 East 30th Street, 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) to:

 

Steve Blackburn, Registered Agent

Superior Metal Technologies LLC

9850 East 30th Street

Indianapolis, Indiana 46229

 

5.            Respondent last notified EPA of Large Quantity Generator activities on March 28, 2013.  Respondent conducts architectural and commercial aluminum anodizing, chemical conversion coating of aluminum parts, and painting.

 

6.            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.

 

7.            During an investigation including an inspection on November 5, 2013, conducted by a representative of IDEM, the following violations were found:

 

a.         Pursuant to 329 IAC 3.1-16-2(a)(1) and 40 CFR 273.13(d)(1), a small quantity handler of universal waste must manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows: (1) A small quantity handler of universal waste 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 and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.  A small quantity handler of universal waste shall not intentionally break or crush universal waste lamps.

 

As noted during the inspection, Respondent failed to close ten (10) boxes used to store universal waste fluorescent lamps and miscellaneous universal waste spent lamps.  Also, Respondent did not store the spent 8-foot universal waste lamps in an adequate container.  The lamps were located in the maintenance area.

 

A violation of the same regulation was previously cited in an Agreed Order issued on July 8, 2011.

 

On June 25, 2014, Respondent submitted documentation that the violation has been corrected.

 

b.         Pursuant to 329 IAC 3.1-16-2(a)(4) and 40 CFR 273.14(e), each lamp or a container or package in which such lamps are contained must be labeled or marked clearly with any one of the following phrases: “Universal Waste—Lamp(s),” or “Waste Lamp(s),” or “Used Lamp(s)” or with words that accurately identify the universal waste lamps.

 

As noted during the inspection, Respondent did not label or mark eight (8) boxes accumulating universal waste fluorescent lamps and two (2) boxes containing miscellaneous spent lamps.  The lamps were located in the maintenance area.

 

A violation of the same regulation was previously cited in an Agreed Order issued on July 8, 2011.

 

On June 25, 2014, Respondent submitted documentation that the violation has been corrected.

 

c.         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 the following hazardous waste on-site, without a permit, and did not mark the hazardous waste containers with accumulation start dates:

 

1)         thirty-six (36) 55-gallon drums containing various contaminated solids, spent booth filters, contaminated overspray media, PPE and other miscellaneous contaminated solids from the paint booths located at the paint booth end of line hazardous waste accumulation area.  Respondent contends that all but four (4) drums contained usable paint;

2)         two (2) 55-gallon drums containing liquid hazardous waste paint related materials located at the paint storage room.  Respondent contends that at least one (1) of theses drums contained fresh solvent and that the other was a satellite accumulation container that did not require an accumulation start date;

3)         two (2) 55-gallon drums containing hazardous waste located at the hazardous waste accumulated area adjacent to the loading dock area; and

4)         eight (8) 55-gallon drums containing hazardous waste paint related materials located adjacent to the outside empty drum storage area.

 

A violation of the same regulation was previously cited in an Agreed Order issued on July 8, 2011.

 

d.         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, while being accumulated on-site, each container and tank is labeled or marked clearly with the words "Hazardous Waste."

 

As noted during the inspection, Respondent accumulated the following hazardous waste on-site, without a permit, and did not label or clearly mark the hazardous waste containers with the words “Hazardous Waste”:

 

1)         thirty-six (36) 55-gallon drums containing various contaminated solids, spent booth filters, contaminated overspray media, PPE and other miscellaneous contaminated solids from the paint booths located at the paint booth end of line hazardous waste accumulation area.  Respondent contends that all but four (4) drums contained usable paint;

2)         two (2) 55-gallon drums containing liquid hazardous waste paint related materials located at the paint storage room.  Respondent contends that at least one (1) of these drums contained fresh solvent; and

3)         eight (8) 55-gallon drums containing hazardous waste paint related materials located adjacent to the outside empty drum storage area.

 

A violation of the same regulation was previously cited in an Agreed Order issued on July 8, 2011.

 

e.         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 the paint booth end of line hazardous waste accumulation area and the hazardous waste container accumulation area adjacent to the shipping and receiving area.

 

A violation of the same regulation was previously cited in an Agreed Order issued on July 8, 2011.

 

Respondent presented evidence that this violation has been corrected and will be prevented in the future with painted lines.

 

f.          Pursuant to 40 CFR 262.34(a)(l)(i) referencing 40 CFR 265.174, the owner or operator of a hazardous waste facility must inspect areas where containers are stored, at least weekly, looking for leaks and deterioration caused by corrosion or other factors.

 

As noted during the inspection, Respondent did not conduct weekly inspections of the hazardous waste accumulation areas in the paint room, end of line paint booth, outside on the north side of the building adjacent to the empty drum storage area and the area inside near the shipping and receiving docks.

 

g.         Pursuant to 40 CFR 262.34(a)(l)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, except when it necessary to add or remove waste.

 

As noted during the inspection, Respondent did not store two (2) 55-gallon drums located at the hazardous waste accumulation area and five (5) 55-gallon drums located at the paint booth end of line hazardous waste accumulation area closed.

 

Respondent contends that at least one (1) of these drums contained fresh solvent.

 

h.         Pursuant to 329 IAC 13-4-3(d), a generator must label all used oil containers and above ground tanks with the words “Used Oil”.

 

As noted during the inspection, Respondent did not label two (2) 55-gallon drums of used oil with the words “Used Oil”.  The drums were located in the waste water treatment area.

 

On June 25, 2014, Respondent submitted documentation that the violation has been corrected.

 

i.          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.

 

As noted during the inspection, Respondent did not mark five (5) 5-gallon containers of hazardous waste paint related material located at the material top coat paint booth and two (2) 5-gallon containers of hazardous waste paint related material located at the sample paint booth with either the words “Hazardous Waste" or with other words describing the contents.

 

Respondent contends the five (5) 5-gallon containers at the top coat paint booth contained fresh solvent.

 

j.          Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a generator must always keep a satellite accumulation container holding hazardous waste closed during storage except when it is necessary to add or remove waste.

 

As noted during the inspection, Respondent failed to store five (5) 5-gallon containers of hazardous waste paint related material located at the material top coat paint booth and two (2) 5-gallon containers of hazardous waste paint related material located in the sample paint booth closed.

 

Respondent contends the five (5) 5-gallon containers at the top coat paint booth contained fresh solvent.

 

k.         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 the hazardous waste personnel with hazardous waste training that teaches them to perform their duties in compliance with the hazardous waste management rules.

 

Subsequent to the inspection, Respondent submitted documentation that training had been provided on October 4, 2013, more than one year prior to the inspection.  Training was again provided on February 13, 2014.

 

l.          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.

 

As noted during the inspection, Respondent did not revise its contingency plan to reflect the changes made to the operation for the following:

 

1)         The shed that is no longer used for accumulating solvent still bottoms.

2)         The solvent distillation and recovery process is no longer being conducted.

3)         The alternate emergency coordinators changes.

 

Respondent has updated the contingency plan.

 

m.        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 arrangements agreed to by local police department, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services.  Also the contingency plan Appendix A Figures 1 did not contain the Site Plan, Emergency Equipment Storage Location Map and Evacuation Route.

 

Respondent has updated the contingency plan.

 

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 statutes, rules, and/or permit conditions listed in the findings above.

 

3.            Upon the Effective Date, Respondent shall ensure compliance with 329 IAC 3.1-16-2(a)(1) and 40 CFR 273.13(d)(1).  Specifically, Respondent shall ensure that all universal waste lamps are stored in the required containers or packages and the containers or packages are being kept closed.

 

4.            Upon the Effective Date, Respondent shall comply with 329 IAC 3.1-16-2(a)(4) and 40 CFR 273.14(e).  Specifically, Respondent shall ensure all used fluorescent lamps are labeled.

 

5.            Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(a)(2).  Specifically, Respondent shall ensure that the date when the accumulation begins is clearly marked and visible for inspection on each hazardous waste container.

 

6.            Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(a)(3).  Specifically, Respondent shall ensure that each hazardous waste container is labeled or marked clearly with the words "Hazardous Waste."

 

7.            Upon the Effective Date, Respondent shall comply with 40 CFR 265.35.  Specifically, Respondent shall ensure that the required aisle space is provided in the paint booth end of line hazardous waste accumulation area and the hazardous waste container accumulation area adjacent to the shipping and receiving area.

 

8.            Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.174.  Specifically, Respondent shall perform weekly inspections of the hazardous waste accumulation areas.

 

9.            Upon the Effective Date, Respondent shall comply with 40 CFR 265.173(a).  Specifically, Respondent shall ensure containers of hazardous waste are always kept closed during storage, except when it necessary to add or remove waste.

 

10.         Upon the Effective Date, Respondent shall comply with 329 IAC 13-4-3(d).  Specifically, Respondent shall ensure that all used oil containers and aboveground tanks are labeled with the words “Used Oil”.

 

11.         Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(c)(1)(ii).  Specifically, Respondent shall ensure that all satellite containers are marked with either the words “Hazardous Waste” or with other words describing the contents.

 

12.         Upon the Effective Date, Respondent shall comply with 40 CFR 265.173(a).  Specifically, Respondent shall ensure that all satellite accumulation containers are keep closed except when it is necessary to add or remove waste.

 

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

 

Idelia Walker-Glover, Enforcement Case Manager

Office of Land Quality – Mail Code 60-02L

Indiana Department of Environmental Management

100 North Senate Avenue

 

14.         Respondent is assessed and agrees to pay a civil penalty of Twenty Three Thousand Three Ninety Nine Dollars and Twenty Cents ($23,399.20).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date”.

 

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:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

16.         In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1.  The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance.  Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 15, above.

 

17.         This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns.  Respondent’s signatory to this Agreed Order certifies that he/she is fully authorized to execute this Agreed Order and legally bind the party he/she represents.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

18.         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.

 

19.         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.

 

20.         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 his applicable permits or any applicable Federal or State law or regulation.

 

21.         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.

 

22.         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.

 

23.         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.

 

24.         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: _______________________

 

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

______

DAY OF

________________,

20__.

 

 

For the Commissioner:

 

 

 

Signed 12-4-2014

 

Bruce H Palin

 

Assistant Commissioner

 

Office of Land Quality