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. 2014-22303-H
					)
vanguard national trailer					)
CORPORATION,					)
					)
Respondent.					)

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 Vanguard National Trailer Corporation (“Respondent”), which owns the facility with United States Environmental Protection Agency (EPA) ID No. IND005176326 located at 289 E. Water Tower Dr., in Monon, White 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:

Vanguard National Trailer Corp.	Vanguard National Trailer Corp.
Charles Mudd, President	Jeneen Sparks, Registered Agent
289 E. Water Tower Dr.	289 E. Water Tower Dr.
Monon, IN 47959	Monon, IN 47959

5. Respondent notified EPA of Small Quantity Generator hazardous waste activities on February 15, 2013.

6. Respondent manufactures semi-trailers, and processes include cutting, assembling, undercoating, and painting. Hazardous waste is generated primarily from the undercoating and painting processes.

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 in the following paragraphs.

8. During an investigation including an inspection on March 6, 2014 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 the waste is hazardous.

As noted during the inspection, Respondent did not make hazardous waste determinations on Lectra-Motive Electric Parts Cleaner and an unusable paint solvent, which were solid wastes generated by Respondent. The wastes were determined to be hazardous at the time of the inspection.

b. Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

As noted during the inspection, Respondent offered wiping rags contaminated with a hazardous waste (F002), Lectra-Motive Electric Parts Cleaner, to a disposal facility that was not properly permitted to receive hazardous waste. Respondent is no longer using the Lectra-Motive Electric Parts Cleaner.

c. Pursuant to 40 CFR 262.20, a generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal, must prepare a manifest. A generator must designate on the manifest one facility, which is permitted to handle the waste described on the manifest. A generator may designate an alternate facility to handle his waste in the event that an emergency prevents delivery of the waste to the primary designated facility.

As noted during the inspection, Respondent offered hazardous waste (F002), wiping rags contaminated with Lectra-Motive Electric Parts Cleaner, for transportation for offsite treatment, storage, or disposal without preparing a manifest. Respondent is no longer using the Lectra-Motive Electric Parts Cleaner.

d. Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.

As noted during the inspection, Respondent caused or allowed the transportation of a hazardous waste (F002), wiping rags contaminated with Lectra-Motive Electric Parts Cleaner, without a manifest as required by law. Respondent is no longer using the Lectra-Motive Electric Parts Cleaner.

e. Pursuant to 30 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a satellite accumulation container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

As noted during the inspection, Respondent had one satellite container of hazardous waste near paint booth 2001 open while in storage. This violation was corrected during the inspection.

f. Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or removed waste.

As noted during the inspection, Respondent had one 55 gallon hazardous waste container of unusable AAA0747 primer, and one 55 gallon hazardous waste container of unusable #770 undercoating, open while in storage.

g. Pursuant to 40 CFR 262.34(f), a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste for more than 180 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 unless he has been granted an extension to the 180 day period.

As noted during the inspection, Respondent stored hazardous waste (D001), unusable AAA0747 primer, on-site for greater than 180 days without complying with 40 CFR Part 264 and 40 CFR Part 270.

h. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 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, and failed to clearly mark accumulation start dates on two 55 gallon hazardous waste containers, one near paint booth 1002 and one near paint booth 1001.

i. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 180 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 hazardous waste on-site, and failed to mark two 55 gallon hazardous waste containers with the words "Hazardous Waste," one near paint booth 1002, and one near paint booth 1001.

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 and rules listed in the findings above.

3. 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 container of hazardous waste.

4. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(a)(3). Specifically, Respondent shall ensure that, while being accumulated on-site, each container of hazardous waste is labeled or marked clearly with the words “Hazardous Waste.”

5. Upon the Effective Date, Respondent shall ensure that a proper hazardous waste determination is provided for all solid wastes generated at the Site, pursuant to 40 CFR 262.11.

6. Upon the Effective Date, Respondent shall ensure that, as long as it remains a small quantity generator of hazardous waste, it does not accumulate hazardous waste for greater than 180 days.

7. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.173(a). Specifically, Respondent shall ensure that containers holding hazardous waste, including satellite accumulation containers, are always closed during storage, except when it is necessary to add or remove waste.

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

Trent Lindley, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

9. Respondent is assessed a civil penalty of Eight Thousand Eight Hundred and Twelve Dollars and Fifty Cents ($8,812.50). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of One Thousand Seven Hundred Sixty Two Dollars and Fifty Cents ($1,762.50). Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project (“SEP”). Respondent estimates that this SEP will cost Ninety Thousand Dollars ($90,000.00). Within ten (10) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP.

10. 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

100 North Senate Avenue

Indianapolis, IN 46204-2251

11. 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 10, above.

12. 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 their status or responsibilities under this Agreed Order.

13. 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.

14. 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 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.

16. 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.

17. 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.

18. 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.

19. 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 RESPONDENT:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_____	DAY OF	________________________,	20__.
				For the Commissioner:
				_Signed on October 2, 2014_
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality