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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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Case No.
2014- 22746-H |
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COLLINS INDUSTRIAL SERVICES, INC., |
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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 Collins Industrial Services,
Inc. (“Respondent”), which owns and/or operates a facility with United States
Environmental Protection Agency (“EPA”) ID No. INR 000137208 located at 6675
East U.S. Highway 33, in Churubusco, Whitley 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”) on February 4, 2015 via Certified Mail to:
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Joseph
E. Collins, Registered Agent and President |
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Collins
Industrial Services, Inc. |
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2700
South 300 East |
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Albion,
Indiana 46701 |
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Randall
E. Collins, President |
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Collins
Industrial Services, Inc. |
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5500
North 650 East |
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Churubusco,
Indiana 46723 |
5. Respondent conducts a variety of
industrial painting and coating activities, including the removal of old
coatings; concrete polishing; interior and exterior painting and coating of
floors, walls, secondary containment for tanks and color-coded piping; and sand
blasting and coating of above ground storage tanks. Respondent generates waste from equipment
cleaning activities at job sites.
Respondent transports waste from job sites back to the Site.
6.
At the time of the investigation, Respondent
had not notified the U.S. EPA or IDEM of hazardous waste activities but was
operating as a small quantity generator as well as a hazardous waste storage
facility. Subsequent to the
investigation, Respondent was assigned the U.S. EPA I.D.
number INR 000137208.
7.
Respondent has been operating at this Site
for approximately fourteen (14) years.
There are no records of hazardous wastes being
transported off-site for proper disposal during this period.
8. 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.
9. During an investigation, including an
inspection on April 1, 2014 and a review of waste determination results
submitted to IDEM on April 24, May 15, June 13, and August 28, 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 that waste is hazardous.
As noted during the investigation, IDEM
requested Respondent to conduct waste determinations on multiple 55-gallon and
5-gallon containers of spent solvent and water based cleaners at the time of the
April 1, 2014 inspection. Subsequently,
Respondent provided analytical documentation to IDEM from sampling events
conducted on June 2, June 17, and June 21, 2014. It was determined that some of the containers
held non-hazardous wastes and some held
waste paint related materials, a D001 ignitable characteristic hazardous
waste.
On August 28, 2014, Respondent
provided a copy of hazardous waste manifest #006902011 FLE to IDEM
demonstrating all hazardous wastes which were stored at the Site for greater
than 180 days were shipped off-site for proper
disposal. Specifically, fifteen (15)
55-gallon containers of waste paint related material, a D001 ignitable
hazardous waste, and thirteen (13) 55-gallon drums of non-regulated waste
(paint solids) were shipped off-site on August 15, 2014 to Tradebe
Environmental Services, LLC, a permitted RCRA Part B TSD facility.
b. Pursuant to 40 CFR 262.34(f), a
generator who generates greater than 100 kilograms but less than 1,000
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 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 investigation,
Respondent stored hazardous waste on-site for greater than 180 days without
complying with 40 CFR Part 264 and 40 CFR Part 270. Fifteen (15) 55-gallon drums holding waste
paint related materials, a D001 ignitable characteristic hazardous waste, were
stored inside the building at the Site for years. The hazardous waste was located on the west
side of the building.
c. 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 investigation,
Respondent stored hazardous waste identified or listed in 40 CFR Part 261
without a permit. Fifteen (15) 55-gallon
drums holding D001 ignitable characteristic hazardous waste were stored inside
the building at the Site for years. The
hazardous waste was located on the west side of the building.
d.
Pursuant to 40 CFR 264.1(b), owners and
operators of all facilities which treat, store, or dispose of hazardous waste
must comply with the standards of 40 CFR Part 264.
As noted during the investigation,
Respondent stored hazardous waste at the Site but failed to comply with the
standards of 40 CFR Part 264. Fifteen
(15) 55-gallon drums holding D001 ignitable characteristic hazardous waste were
stored inside the building at the Site for years. The hazardous waste was located on the west
side of the building.
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 facility without having first obtained a
permit from the department.
f.
Pursuant to 40 CFR 268.50(a), the storage of
hazardous wastes restricted from land disposal is prohibited
without meeting the conditions as provided in Subpart E of Part 268.
As noted during the investigation,
Respondent stored hazardous waste restricted from land disposal without meeting
the conditions as provided in Subpart E of Part 268.
g.
Pursuant to 329 IAC 3.1-1-10, 329 IAC
3.1-1-11, 329 IAC 3.1-1-12, and 329 IAC 3.1-1-13, every hazardous waste
generator, transporter, or owner or operator of a hazardous waste facility must
notify the Commissioner of its hazardous waste activities and obtain and use
identification numbers issued by IDEM.
As noted during the investigation,
Respondent failed to notify the Commissioner of hazardous waste activities and
to obtain and use identification numbers issued by IDEM. Subsequent to the investigation, Respondent has been assigned the U.S. EPA I.D. Number INR 000137208.
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 investigation,
Respondent accumulated hazardous waste on-site, without a permit, and failed to
clearly mark multiple containers of hazardous waste with accumulation start
dates.
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 investigation,
Respondent accumulated hazardous waste on-site, without a permit, and failed to
mark hazardous waste containers with the words “Hazardous Waste.”
j.
Pursuant to 40 CFR 262.34(d)(4) referencing
40 CFR 265.32, all facilities must be equipped with the following, unless none
of the hazards posed by waste handled at the facility could require a
particular kind of equipment specified below: (a) An internal communications or
alarm system capable of providing immediate emergency instruction (voice or
signal) to facility personnel; (b) A device such as a telephone (immediately
available at the scene of operations) or a handheld two-way radio, capable of
summoning emergency assistance from local police departments, fire departments,
or State or local emergency response teams; (c) Portable fire extinguishers,
fire control equipment (including special extinguishing equipment such as that
using foam, inert gas, or dry chemicals), spill control equipment, and
decontamination equipment; and (d) Water at an adequate volume and pressure to
supply water hose streams, or foam equipment, or automatic sprinklers, or water
spray systems.
As noted during the investigation,
Respondent did not provide the required equipment for the hazardous waste
storage area inside the building.
k.
Pursuant to 40 CFR 262.34(d)(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 to any area of the facility operation in an
emergency.
As noted during the investigation,
Respondent did not provide the required aisle space in the hazardous waste
storage area inside the building.
l.
Pursuant to 40 CFR 262.34(d)(5)(ii),
a small quantity generator must post the following information, in part, next
to the telephone: (1) The name and phone number of the emergency coordinator;
(2) Location of fire extinguishers and spill control material and, if present,
fire alarm; and (3) The telephone number of the fire department, unless the
facility has a direct alarm.
As noted during the investigation,
Respondent did not post the above required emergency information next to the
telephone.
m.
Pursuant to 40 CFR 262.34(d)(5)(iii),
a small quantity generator must ensure that all employees are thoroughly
familiar with proper waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations and emergencies.
As noted during the investigation,
Respondent did not provide adequate training to employees in the proper
management of hazardous waste and associated emergency procedures.
n.
Pursuant to 329 IAC 13-4-3(d), generators
must label or mark clearly all used oil containers and above ground tanks with
the words “Used Oil.”
As noted during the investigation,
Respondent failed to label or mark 5-gallon used oil containers with the words
“Used Oil.”
o.
Pursuant to 329 IAC 13-3-2, used oil burned
for energy recovery, and any fuel produced from used oil by processing,
blending, or other treatment, is subject to regulation under this article
unless it is shown not to exceed any of the allowable
levels of the constituents and properties in the specification shown in Table
1. Once used oil that is to be burned
for energy recovery has been shown not to exceed any specification and the
person making that showing complies with 329 IAC 13-9-3, 329 IAC 13-9-4, and 329
IAC 13-9-5(b), the used oil is no longer subject to this article.
As noted during the investigation,
several containers of used oil were taken from the
Site to Alford Automotive Service for burning in Alford Automotive Service’s
used oil furnace without documenting whether or not the used oil exceeds any of
the allowable levels of the constituents and properties in the specification
shown in Table 1 of 329 IAC 13-3-2.
10. 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 above.
3.
Upon the Effective Date, Respondent shall
comply with 40 CFR 262.11. Specifically,
Respondent shall conduct waste determinations on all generated wastestreams.
4.
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 more than 180 days without a
permit or without complying with 40 CFR 264.
5.
Within ninety (90) days of the Effective
Date, Respondent shall submit three (3) hard copies and one complete copy of
the entire document on CD, in PDF format no greater than 100 megabytes per
file, of a hazardous waste closure plan for the area where hazardous wastes
have been stored for greater than 180 days, as detailed in Findings 9 b., c.,
and d. above. This closure plan shall be completed in accordance with the provisions of 40
CFR Subpart G, as incorporated by 329 IAC 3.1-9-1.
6.
Within thirty (30) days of notice of IDEM’s
approval of the closure plan, Respondent shall implement the plan as approved
and in accordance with the time frames contained therein.
7.
In the event IDEM determines that any plan
submitted by Respondent is deficient or otherwise unacceptable, Respondent
shall revise and resubmit the plan to IDEM in accordance with IDEM’s
notice. After three (3) submissions of
such plan by Respondent, IDEM may modify and approve any such plan and
Respondent must implement the plan as modified by IDEM. The approved plan shall be
incorporated into this Agreed Order and shall be deemed an enforceable
part thereof.
8.
Upon the Effective Date and for as long as
Respondent is a Small Quantity Generator of hazardous waste, Respondent shall
comply with all applicable requirements of 40 CFR 262 including, but not
limited to, the following:
a. 40 CFR 262.34(d)(4)
referencing 40 CFR 265.32 by providing all necessary equipment;
b. 40 CFR 262.34(d)(4) referencing 40 CFR
265.35 by maintaining adequate aisle space to allow the unobstructed movement
of personnel, fire protection, spill control, and decontamination equipment to
any area of facility operation in an emergency;
c.
40 CFR 262.34(d)(4) referencing 40 CFR
262.34(a)(2) by providing the date when accumulation begins on each container;
d.
40 CFR 262.34(d)(4) referencing 40 CFR
262.34(a)(3) by providing each container with the words “Hazardous Waste”; and
e.
40 CFR 262.34(d)(5)(ii) by providing the
required emergency information next to the telephone; and
9.
Within ninety (90) days of the Effective
Date, Respondent shall comply with 40 CFR 262.34(d)(5)(iii). Specifically, Respondent shall provide
documentation to IDEM demonstrating that all employees are thoroughly familiar
with proper waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations and emergencies.
10.
Upon the Effective Date, Respondent shall
comply with 329 IAC 13-3-2.
Specifically, Respondent shall
document its used oil does not exceed any of the allowable levels of the
constituents and properties in specification shown in Table 1 of 329 IAC 13-3-2
if that used oil is sent off-site to be burned for energy recovery in a
non-industrial furnace.
11.
Within ten (10) days of the Effective Date,
Respondent shall notify IDEM’s Regulatory Reporting Section of its proper
generator status, and shall notify that Section if ever there is any change to
its status.
12. All submittals required by this Agreed
Order, unless Respondent is notified otherwise in writing by
IDEM, shall be sent to:
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Jennifer Reno, Enforcement Case
Manager |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
13. Respondent is assessed
and agrees to pay a civil penalty of twenty thousand dollars ($20,000). 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”.
14. 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:
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Paragraph |
Penalty |
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Order
Paragraph 5 |
$500
per week |
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Order
Paragraph 6 |
$500
per week |
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Order
Paragraph 9 |
$500
per week |
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Order
Paragraph 11 |
$500
per week |
15. Stipulated penalties shall be due and
payable no later than the 30th day after Respondent receives written
notice that Complainant has determined a stipulated penalty is due; the 30th
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.
16. 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:
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Indiana
Department of Environmental Management |
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Office
of Legal Counsel |
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IGCN,
Room N1307 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
17. 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 16, above.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. This Agreed Order shall remain in effect
until IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental
Management |
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By: _________________________ |
By:
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Nancy
Johnston, Section Chief |
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Enforcement
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Printed: ______________________ |
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Office of
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Title: ________________________ |
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Date: ______________________ |
Date: ________________________ |
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COUNSEL FOR RESPONDENT: |
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By: ________________________ |
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Date: ______________________ |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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For the
Commissioner: |
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Signed on
4/30/15_______ |
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Bruce H Palin |
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Assistant
Commissioner |
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Office of
Land Quality |
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