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. 2016-24179-H
					)
Stephens machine, inc.,					)
					)
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 Stephens Machine, Inc. (“Respondent”), which owns/operates the company with United States Environmental Protection Agency (“EPA”) ID No. INR 000 143 461, located at 1801 South Berkley Road, in Kokomo, Howard County, Indiana (“Site”).

3. IDEM received submittals from Respondent dated February 3 and 23, 2017 and June 22, 2017 addressing the December 13, 2016 IDEM letter regarding referral to enforcement.

4. IDEM has jurisdiction over the parties and the subject matter of this action.

5. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) to:

Gregory A. Stephens, President	Gregory A. Stephens, Registered Agent
Stephens Machine, Inc.	Stephens Machine, Inc.
1801 South Berkley Road	1600 E. Dodge
Kokomo, IN 46902	Kokomo, IN 46902

6. Respondent initially notified on December 22, 2016 as a small quantity hazardous waste generator, including notice that Respondent would be managing exempt hazardous secondary material as of December 26, 2016. Respondent was generating approximately 110 gallons of spent solvent/paint related hazardous waste (D001, F003, D035) per month. Other waste generated includes used oil from fork lift maintenance and used sand blasting grit from sand blasting steel to remove rust prior to processing.

7. At the same time, however, Respondent notified IDEM that it would be managing exempt hazardous secondary material as of December 26, 2016. Respondent has now decreased its Xylene usage. Stephens Machine estimates water-based paints and solvents in mid-2017. Stephens Machine estimates water-based paints and solvents now comprise approximately 99.5% of its product-usage. Suitable water based alternatives have not been identified for a limited number of products, which compromise approximately 0.5% of product usage that is not water-based. Stephens Machine will accumulate and properly dispose of limited quantities of waste xylene derived from its intermittent use of products that do not have suitable water-based alternatives.

8. Since approximately 2008, Respondent has operated a steel fabrication business at the Site. The business purchases, cuts, welds, and paints steel pursuant to its customers’ specifications. Much of the steel fabricated is structural steel used in the construction of commercial or industrial buildings. To satisfy the engineering and architectural specifications of its customers, Respondent used xylene-based paints due to the paint’s durability and dry times. Respondent contends there was a rise in Stephens Machine’s Xylene usage beginning in mid-to late-2014 brought on by particular customers’ specifications.

9. 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.

10. During an investigation including an inspection October 28, 2016 conducted by a representative of IDEM, the following violations were found:

a. 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 on-site for greater than 180 days without complying with 40 CFR Part 264 and 40 CFR Part 270. At the time of the inspection, Respondent generated approximately 110 gallons of hazardous waste solvent/paint related material (D001, F003, D035) per month. According to Respondent’s representative, hazardous waste was being transported to Howard County Solid Waste Management by Respondent. It is not known when the last shipment was but was estimated to be a couple months prior to the October 2016 inspection; however, there were no records of shipments available during the inspection for review. Respondent had approximately thirty-eight (38) fifty-five (55) gallon drums and twenty-two (22) five (5) gallon pails of hazardous waste (D001, F003, D035) stored outside on the south side of the property and three (3) five (5) gallon pails (D001, F003, D035) stored on the west side of the building outside the overhead door next to the used oil containers.

Respondent manifested (Hazardous Waste Manifest Nos. 015982727 JJK, 015982757 JJK and 015982924 JJK) the waste paint related material (D001, F003, D035) to a designated permitted, disposal, and treatment facility on January 9, 18, and 29, 2017 respectively. Copies of the Hazardous Waste Manifests and Land Ban Notifications were submitted in the February 3, 2017 response.

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. Specifically, Respondent had approximately thirty-eight (38) fifty-five (55) gallon drums and twenty-two (22) five (5) gallon pails of hazardous waste (D001, F003, D035) stored outside on the south side of the property and three (3) five (5) gallon pails (D001, F003, D035) stored on the west side of the building outside the overhead door next to the used oil containers for greater than 180 days.

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. Specifically, Respondent had stored approximately thirty-eight (38) fifty-five (55) gallon drums and twenty-two (22) five (5) gallon pails of hazardous waste (D001, F003, D035) stored outside on the south side of the property and three (3) five (5) gallon pails (D001, F003, D035) on the west side of the building outside the overhead door next to the used oil containers for greater than 180 days.

Respondent shipped the waste paint related material (D001, F003, D035) off-site to a designated permitted, disposal, and treatment facility on January 9, 18, and 29, 2017. Copies of the Hazardous Waste Manifests (Hazardous Waste Manifest Nos. 015982727 JJK, 015982757 JJK and 015982924 JJK) and Land Ban Notifications were submitted in the February 3, 2017 response.

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 generator, transporter and storage activities.

Subsequent to the October 2016 inspection, Respondent notified on December 22, 2016 of small quantity generator hazardous waste activities, including notice that Respondent will be managing exempt hazardous secondary material as of December 26, 2016. Stephens Machine estimates water-based paints and solvents in mid-2017. Stephens Machine estimates water-based paints and solvents now comprise approximately 99.5% of its product-usage. Suitable water based alternatives have not been identified for a limited number of products, which compromise approximately 0.5% of product usage that is not water-based. Stephens Machine will accumulate and properly dispose of limited quantities of waste xylene derived from its intermittent use of products that do not have suitable water-based alternatives.

e. Pursuant to 329 IAC 3.1-1-11(c), any person who transports, or offers for transportation, a hazardous waste must first obtain an identification number issued by the U.S. EPA.

As noted during the inspection, Respondent failed to obtain an EPA identification number prior to transporting hazardous waste.

f. 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 transported hazardous waste without an EPA identification number and sent its hazardous waste to a disposal facility that did not have an EPA identification number. According to Respondent’s representative, hazardous waste was being transported to Howard County Solid Waste Management by Respondent.

g. 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 transported hazardous waste for offsite treatment, storage, or disposal without preparing a manifest. Specifically, according to Respondent’s representative, hazardous waste (D001, F003, D035) was transported by Respondent’s personnel to the Howard County Solid Waste Management without a hazardous waste manifest for eventual disposal. No transportation records of any kind were available for review.

h. 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 without a manifest as required by law. Specifically, according to Respondent’s representative, hazardous waste (D001, F003, D035) was transported by Respondent’s personnel to the Howard County Solid Waste Management without a hazardous waste manifest for eventual disposal. No transportation records of any kind were available for review.

i. Pursuant to 40 CFR 262.23(a)(3) and 40 CFR 262.40(a), the generator must retain copies of hazardous waste manifests for a period of three (3) years from the date of receipt of the hazardous waste by the designated facility.

As noted during the inspection, Respondent failed to use the hazardous waste manifests.

j. Pursuant to 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed. This is done by determining if the hazardous waste meets the treatment standards in 40 CFR 268.40, 40 CFR 268.45, or 40 CFR 268.49. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. With the initial shipment of hazardous waste (meeting or not meeting the treatment standards in 40 CFR 268.40 and 40 CFR 268.42) to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file.

As noted during the inspection, Respondent did not transport its hazardous waste to a permitted treatment, storage, and disposal facility therefore; a one-time land ban notification and certification was not provided with the initial shipment of hazardous waste as required.

k. Pursuant to IC 13-22-4-3.1(b), a hazardous waste small quantity generator (SQG), i.e., a person that generates, in any one or more calendar months of a calendar year:

a) more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;

b) less than one (1) kilogram of acute hazardous waste; or

c) less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year.

Respondent has been operating as a small quantity hazardous waste generator and has not submitted annual reports. The 2016 Annual Report was submitted on February 28, 2017.

l. 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 accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark satellite accumulation containers with either the words “Hazardous Waste” or with other words describing the contents. Specifically, Respondent had one fifty-five (55) gallon satellite drum of hazardous waste (D001, F003, D035) located in the painting area in the southwest corner of the building which was not labeled “Hazardous Waste” or with other words describing the contents.

In the February 3, 2017 response, Respondent states since December 2016 all hazardous waste containers (including satellite) are appropriately labeled. A photograph of the labeled satellite accumulation container located in the paint room was provided in the response.

m. Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a satellite 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 fifty-five (55) gallon satellite drum of hazardous waste (D001, F003, D035) located in the painting area in the southwest corner of the building which was not stored close. This was corrected during the inspection.

Respondent states new satellite container practices (i.e., use of a safety funnel) has been implemented to insure that container will be closed. A photograph of the satellite accumulation drum with a safety funnel was provided in the February 3, 2017 response.

n. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

As noted during the inspection, Respondent had approximately thirty-eight (38) fifty-five (55) gallon containers and twenty-two (22) five (5) gallon pails of hazardous waste (D001, F003, D035) stored outside on the south side of the building next to the used oil containers. Some of these containers were stored open and in poor condition. Additionally, three five (5) gallon pails of spent solvent/paint related material was being stored outside the overhead door on the west side of the property, one stored without the bung. After inventory, sorting, combining partially filled drums, and destroying empty drums. There was twenty-seven (27) 55-gallon drums of hazardous waste.

After the inspection, Respondent properly manifested this waste and had it properly disposed of off-site at a designated permitted treatment, storage, disposal facility. A photograph of this area was submitted in the February 3, 2017 response. Respondent contends it has established an exterior hazardous waste and used oil accumulation area on the west side of the building, and is implementing secondary containment for hazardous waste and used oil.

o. Pursuant to 40 CFR 262.34(a)(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. All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

As noted during the inspection, Respondent did not equip its facility with required emergency equipment. Respondent did have oil dry available for spills inside the building.

Respondent states additional spill kits, safety funnels, and secondary containment have been obtained. This equipment is in addition to the existing fire extinguishers and clay absorbent materials. A photograph of the spill kit was provided in the February 3, 2017 response. This is subject to field verification.

Respondent provided waste generation information to the local hospitals, the local fire department, the local emergency planning committee, and the local police department on January 24, 2017. Copies of the letters were provided in the February 3, 2017 response.

p. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.34, whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee. If there is ever just one employee on the premises while the facility is operating, he must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio capable of summoning external emergency assistance.

As noted during the inspection, Respondent did not make communication devices immediately accessible to employees.

In the February 3, 2017 response, Respondent states that hazardous waste personnel have access to mobile communication devices.

q. 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 where the hazardous waste was being store outside on the south side of the property.

Respondent provided a photograph in the February 3, 2017 response documenting that the hazardous waste containers are no longer being stored outside on the south side of the property.

r. Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition.

Respondent contends that as of December 2016, all hazardous waste containers (including satellites) and used oil are being properly managed. This included insuring containers are kept properly closed and stored, establishing an exterior hazardous waste and used oil accumulation area on the west side of the building, and implementing secondary containment for hazardous waste and used oil. A photograph of the exterior west side accumulation area was provided in the February 3, 2017 response. This is subject to field verification.

s. Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR 265.173(b), a container holding hazardous waste must not be opened, handled, or stored in a manner that may rupture the container or cause it to leak.

As noted during the inspection, some of the fifty-five (55) gallon containers of hazardous waste (D001, F003, D035) stored outside on the south side of the property were stored without bungs and some of the five (5) gallon pails were stored without lids. Additionally, there were three (3) five (5) gallon pails of spent solvent stored on the south side of the building next to the used oil containers. One of the pails was missing a bung.

t. Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR 265.174, a generator 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 failed to conduct weekly inspections of areas where hazardous waste was being stored.

Respondent states that in late December 2016, a weekly container inspection checklist was implemented. An example of the checklist was provided in the February 3, 2017 response.

u. 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, without a permit, and did not mark any of the hazardous waste containers stored on site with accumulation start dates.

Respondent states in the February 3, 2017 response that all hazardous waste and used oil containers were appropriately labeled and dated in December 2016. This is subject to field verification.

v. 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, without a permit, and failed to mark hazardous waste containers with the words "Hazardous Waste." Specifically, hazardous waste (D001, F003, D035) containers store outside on the south side of the property and the few stored on the west side of the property were not properly labeled. Some of the containers were labeled “trash xylene”.

Respondent states in the February 3, 2017 response that all hazardous waste and used oil containers were appropriately labeled and dated in December 2016. This is subject to field verification.

w. Pursuant to 40 CFR 262.34(d)(5)(ii), the generator must post the following information 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; (3) the telephone number of the fire department, unless the facility has a direct alarm.

As noted during the inspection, Respondent failed to post the required information.

In December 2016, Respondent posted the required information. A photograph of the emergency information posted on the door near the paint area was provided in the February 3, 2017 response. Respondent contends additional emergency information postings are provided on numerous other doors and outside the accumulation area. This is subject to field verification.

x. Pursuant to 40 CFR 262.34(d)(5)(iii), the 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 inspection, Respondent did not provide adequate training to the employees to ensure they are familiar with proper waste handling activities and emergency procedures.

On December 28, 2016, Respondent provided RCRA Hazardous Waste Training and U.S. Department of Transportation Hazardous Materials Training. Completion Certificates for both trainings and content of training was provided in the February 3, 2017 submittal.

y. Pursuant to 329 IAC 13-4-3(c), containers and aboveground tanks used to store used oil must be in good condition and not leaking.

As noted during the inspection, Respondent's containers were not in good condition and/or were leaking. Specifically, Respondent had one (1) fifty-five (55) gallon container of used oil located on the south side of the property which was stored open. Used oil was overflowing from the container.

Respondent states in the February 3, 2017 response, that used oil containers were closed and in good condition in December, 2016. This is subject to field verification.

z. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.”

As noted during the inspection, Respondent did not label used oil containers with the words “Used Oil.” Specifically, all the containers storing used oil were not properly labeled “Used Oil.” The two hundred and fifty (250) gallon tote did have a faded used oil label.

Respondent contends used oil containers were properly labeled in December, 2016. A photograph dated January 26, 2017 was provided in the February 3, 2017 response of the 250 gallon tote of used oil with a legible “Used Oil” label. Respondent consolidated all used oil into one 250 gallon tote which is now provided with secondary containment.

aa. Pursuant to 329 IAC 13-4-3(e), upon detection of a release of used oil to the environment, a generator must do the following: stop the release; contain the release; clean up the release; and report the spill if necessary.

As noted during the inspection, used oil had been released from the overflowing fifty-five (55) gallon container located on the south side of the property and a small release had occurred on the west side of the property from at least one (1) five (5) gallon container used to drain oil filters and Respondent failed to clean up the releases.

Respondent states in the February 3, 2017 response that the small release noted during the October 28, 2016 inspection was excavated and properly disposed and the oil filters were emptied and discarded. This is subject to field verification.

bb. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

As noted during the inspection, Respondent deposited or caused and/or allowed the deposit of a contaminant and/or solid waste, including, but not limited to used sandblasting grit in a method which has not been determined by the board to be acceptable. Specifically, sandblasting grit was being stored outside the overhead door at the southwest corner of the building on the ground without containment.

In the February 3, 2017 response, Respondent included the waste determination for the sand blasting grit. It was determined to be non-hazardous waste. Analytical was provided.

The February 23, 2017 response stated Respondent has completed the removal of the sand blasting grit on February 15, 2017. The submittal included disposal documents (Non-hazardous Special Waste & Asbestos Manifests) and photographs of the area. This is subject to field verification.

11. After the inspection, Respondent retained August Mack Environmental, Inc. (“AME”) to conduct sampling at the Site. On March 2, 2017, AME conducted the sampling. The sampling consisted of three surface soil samples, three unsaturated subsurface soil samples, and one grab groundwater sample. On January 31, 2018, Respondent submitted the Subsurface Investigation Report prepared by AME, to IDEM.

12. 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. Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall submit legible copies of Hazardous Waste Manifest Nos. 015982727 JJK, 015982757 JJK, and 015982924 JJK with the designated facility signature which received the waste.

4. Upon the Effective Date of the Agreed Order, Respondent shall ensure copies of hazardous waste manifests are retained for a period of three (3) years from the date of receipt of the hazardous waste by the designated facility and available for review during IDEM inspections.

5. Upon the Effective Date of the Agreed Order, Respondent shall ensure future annual manifest reports are submitted according to IC 13-22-4-3.1(b).

6. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.34. Specifically, Respondent shall comply with the applicable hazardous waste generator regulations.

7. Within ninety (90) days of the Effective Date of the Agreed Order, 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 outside on the south side of the property where hazardous waste had previously been stored to IDEM for approval. This closure plan shall be completed in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1.

8. Within ten (10) 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.

9. 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 either: 1) implement the plan as modified by IDEM; or 2) within eighteen days of receiving such a plan, request administrative review of the modified and approved plan before the Office of Environmental Adjudication (“OEA”) in accordance with IC 4-21.5. The approved plan, or if applicable, any plan resulting from review under IC 4-21.5, shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof.

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

Christina Halloran, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

11. Respondent is assessed and agrees to pay a civil penalty of Forty Eight Thousand and Nine Hundred Dollars ($48,900). Said penalty amount shall be due and payable to the Environmental Management Special Fund in four (4) consecutive quarterly installments over a one (1) year period in the amount of Twelve Thousand and Two Hundred and Twenty-Five Dollars ($12,225). Said penalty shall be due and payable to the Environmental Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”. The next consecutive quarterly installments shall be due on or before the last day of the due month following the first quarterly installment.

12. 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:

Paragraph	Penalty
3	200/week late
7	500/week late
8	500/week late

13. 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.

14. 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

15. 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 14, above.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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 05/02/2018 By:
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality