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. 2014-22505-H
					)
SOLVENT DISTRIBUTORS OF INDIANA, INC.,					)
D.B.A. PARTS CLEANING TECHNOLOGIES					)
					)
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 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 46241	Southfield, MI 48075

5. Respondent last notified the EPA of Hazardous Waste Large Quantity Generator and Transporter/transfer facility activities on March 4, 2013.

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. Respondent also operates a transfer facility at this location.

7. 329 Indiana Administrative Code (“IAC”) 3.1 incorporates certain federal hazardous waste management requirements found in 40 Code of Federal Regulations (“CFR”) Parts 260 through 270 and Part 273, including those identified below.

8. During an investigation including inspections on June 4 and July 2, 2014, conducted by a representative of IDEM, the following violations were found:

a. 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 investigation, Respondent failed to provide the required aisle space in semi-trailers holding containers of hazardous waste located at the Site. Two (2) semi-trailers lacked the required aisle space.

Respondent submitted information to IDEM on January 21, 2015, indicating that it is no longer planning to use semi-trailers for storage of drums and that if Respondent ever needs to in the future, Respondent will store drums in the semi-trailers such that they will allow for the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment in case of an emergency.

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 training required by 40 CFR 265.16 (a).

As noted during the investigation, Respondent did not provide employees performing hazardous waste duties with annual hazardous waste training.

Respondent submitted information to IDEM on December 8, 2014, describing training provided to employees relevant to 29 CFR 1910, specifically confined space training. However, the training was not specific to employees’ hazardous waste duties per 40 CFR 265.16. On January 21, 2015, Respondent submitted information to IDEM indicating that the required training will be completed on February 3, 2015.

c. Pursuant to 40 CFR 263.12, a transporter who stores manifested hazardous waste at a transfer facility for greater than ten (10) days is subject to regulation under 40 CFR 270, 40 CFR 264, 40 CFR 265, and 40 CFR 268 with respect to the storage of those wastes.

As noted during the investigation, Respondent accepted manifested hazardous wastes from off-site during transportation and stored the hazardous wastes for greater than ten (10) days at the Site, thereby subjecting the facility to the applicable requirements of 40 CFR 270, 40 CFR 264, 40 CFR 265, and 40 CFR 268.

Respondent signed as 2^nd transporter for the hazardous wastes identified on manifest no. 005031909FLE on April 29, 2014, indicating that the wastes had reached the Site on or around that date. The wastes were observed at the Site during the June 4, 2014 inspection. Subsequent information provided to IDEM indicates that these wastes were shipped off-site on June 27, 2014. The inspection on July 2, 2014 verified that the wastes had been removed.

Respondent signed as 2^nd transporter for the hazardous wastes identified on manifest no. 009179692JJK on March 19, 2014, indicating that the wastes had reached the Site on or around that date. The wastes were observed at the Site during the June 4, 2014 inspection. Subsequent information provided to IDEM indicates that these wastes were shipped off-site on June 5, 2014. The inspection on July 2, 2014 verified that the wastes had been removed.

Respondent submitted information to IDEM on December 8, 2014 providing the reasons why the hazardous wastes were on-site for greater than 10 days. Respondent also indicated that as of April 29, 2014, it has temporarily discontinued use of its 10-day transfer operation and will not resume operations until Respondent is certain of predictable disposal outlets.

d. 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.

As noted during the investigation, Respondent accepted hazardous wastes from off-site during transportation and stored the hazardous wastes for greater than ten (10) days at the Site without a permit.

e. 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 investigation, Respondent operated a hazardous waste storage facility without having first obtained a permit from the department.

f. 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 investigation, Respondent failed to notify the Commissioner of hazardous waste storage activities.

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

3. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.35. Specifically, Respondent shall, if drums of hazardous waste are ever stored in semi-trailers, ensure that adequate aisle space is provided in the semi-trailers to allow the unobstructed movement of personnel, fire protection, equipment, spill control equipment, and decontamination equipment in an emergency.

4. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 265.16(c). Specifically, Respondent shall submit documentation to IDEM demonstrating that facility personnel with hazardous waste duties have been provided with an annual review of the initial training required by 40 CFR 265.16 (a).

5. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 263.12 and ensure that it does not store manifested hazardous waste during transportation for greater than ten (10) days without first obtaining a permit from IDEM and without complying with all applicable requirements of 40 CFR 270, 40 CFR 264, 40 CFR 265, and 40 CFR 268. Respondent shall notify Mr. Bob Malone of the Office of Land Quality upon resumption of transfer operations.

6. 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

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

7. Respondent is assessed and agrees to pay a civil penalty of Five Thousand Dollars ($5,000). This penalty reflects a significant reduction from the original proposed civil penalty based upon evidence submitted to IDEM by Respondent which adequately demonstrated Respondent’s inability to pay the original proposed civil penalty. Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

8. 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 maintain adequate aisle space in semi trailers
Order Paragraph No. 3	$500 per week
Failure to comply with Order Paragraph No. 4	$500 per week
Failure to comply with Order Paragraph No. 5	$1,000 per week

9. Stipulated penalties shall be due and payable no later than the 30^th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30^th day being the “Due Date”. Complainant may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a timely manner of stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

10. 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

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

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 its 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 April 1, 2015 -
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality