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. 2019-26115-H

 

 

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VALEO NORTH AMERICA, 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 Indiana Code ("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 IC 13-13-1-1.

 

2.            Respondent is Valeo North America, Inc. which owns and/or operates the facility with EPA ID No. IND089273338, located at 1231 North A Avenue, Seymour, Jackson 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:

 

Valeo North America, Inc.

C T Corporation System

Attn: Francoise Colpron, President

Registered Agent for

150 Stephenson Highway

Valeo North America, Inc.

Troy, MI 48083

150 West Market Street, Suite 800

 

Indianapolis, IN 46204

 

5.            Respondent notified EPA of large quantity generator activities.

 

6.            Respondent owns and/or operates a facility that manufactures automotive lighting systems. Thermoplastic material is piped to press machine molds to make lighting fixtures. Respondent also conducts painting and coating operations, which generates most of the hazardous waste at the facility.

 

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 an inspection on March 25, 2019 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 an inspection conducted on March 25, 2019, Respondent did not make a hazardous waste determination on solid waste generated by Respondent. The IDEM inspector identified containers requiring a waste determination in the 90-day storage area, chemical room, and south chemical room:

 

•                      Pallet of used paint,

•                      Three (3) containers of Agitene,

•                      One (1) 5-gallon plastic container without a label,

•                      Fourteen (14) 5-gallon steel containers of Red Spot,

•                      Four (4) 5-gallon containers of UV gloss,

•                      Two (2) 55-gallon drums of butyl acetate, and

•                      Brown liquid and solid material observed in the 90-day storage area containment pit

 

b.         Pursuant to IC 13-30-2-1(10), 40 CFR 270.l(c), and 40 CFR 262.34(b), a person may not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from the department. A permit is required for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261. A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject tthe requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270 unless he has been granted an extension to the 90 day period.

 

As noted during an inspection conducted on March 25, 2019, Respondent operated as a hazardous waste facility by storing hazardous waste for more than ninety (90) days. Two (2) containers of "Waste Special Black" epoxy were dated August 26, 2016 and three (3) containers of Agitene were stored beyond ninety (90) days.

 

c.            Pursuant to 40 CFR 262.34(a)(l)(i) 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.

 

As noted during an inspection conducted on March 25, 2019, Respondent stored hazardous waste in containers that were not in good condition. One (1) unlabeled container of Agitene had a cracked/deteriorated lid.

 

d.            Pursuant to 40 CFR 262.34(a)(l)(i) 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 an inspection conducted on March 25, 2019, Respondent failed to maintain adequate aisle space necessary to conduct weekly inspections of containers located in the 90-day storage area.

 

e.            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 an inspection on conducted on March 25, 2019, Respondent failed to store containers in a manner where the date when the accumulation began was clearly marked and visible for inspection. The three (3) Agitene containers were not marked with the accumulation start date.

 

f.             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 an inspection conducted on March 25, 2019, Respondent did not label or clearly mark hazardous waste containers with the words "Hazardous Waste." Two (2) containers of Agitene were incorrectly marked as non­ hazardous waste and one (1) container was missing a label.

 

g.            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 an inspection conducted on March 25, 2019, Respondent failed to maintain and operate the facility in a manner that minimized the risk of harm to human health and the environment. A damaged container that spilled when moved was observed in the 90-day storage area. In addition, the 90-day storage area containment pit contained a brown liquid and solid materials. A portion of the aerosol cans were documented as punctured without using a device that captures residual or propellant.

 

h.            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 an inspection conducted on March 25, 2019, Respondent failed to maintain adequate aisle space necessary to visually inspect containers located in the 90-day storage area.

 

I.          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 an inspection conducted on March 25, 2019, Respondent failed to complete hazardous waste training required to be conducted on an annual basis. RCRA training last occurred in June of 2017. In addition, the job descriptions did not adequately list the hazardous waste training required for the position, or the hazardous waste duties associated with each position.

 

J.         Pursuant to 40 CFR 262.34(c)(l), a generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste in containers at or near any point of generation (in a satellite container), and under the control of the operator of the process generating the waste.

 

As noted during an inspection conducted on March 25, 2019, Respondent had one (1) 55-gallon satellite container of Argent Paint Waste in an area where the process was discontinued. The Argent process has been out of operation for over a year.

 

9.            Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and waive 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 listed in the findings of fact above.

 

Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR Respondent shall determine if the following waste/material observed in the 90- day storage area, chemical room, and south chemical room are hazardous wastes:

 

•                      Pallet of used paint,

•                      Three (3) containers of Agitene,

•                      One (1) 5-gallon plastic container without a label,

•                      Fourteen (14) 5-gallon steel containers of Red Spot,

•                      Four (4) 5-gallon containers ofUV gloss, and

•                      Two (2) 55-gallon drums of butyl acetate

•                      Brown liquid and solid material observed in the 90-day storage area containment pit

 

Documentation confirming the disposition of the waste must be submitted to IDEM for review. The documentation shall include all manifests and/or shipping documents, one­ time land ban notifications for hazardous waste, and analytical results from samples collected. A summary or explanation must be provided for knowledge-based waste determinations.

 

3.                  Within thirty (30) days of the Effective Date, Respondent shall comply with IC 13-30-2- 1(10), 40 CFR 270.l(c), and 40 CFR 262.34(b). Respondent shall remove and properly dispose of all hazardous waste stored beyond ninety (90) days. Two (2) containers of "Waste Special Black" epoxy were dated August 26, 2016 and three (3) containers of Agitene, were stored for more than ninety (90) days. Disposal documentation shall be submitted to IDEM within fifteen (15) days of disposal.

 

4.                  Upon the Effective Date, Respondent shall comply with 40 CFR262.34(a)(l)(i) referencing 265.171. Respondent shall ensure that containers holding hazardous waste are in good condition. Hazardous waste in damaged or leaking containers shall be transferred to a container in good condition.

 

5.                  Upon the Effective Date, Respondent shall comply with 40 CFR262.34(a)(l)(i) referencing 40 CFR 265.174 and 40 CFR 262.34(a)(4) referencing 40 CFR 265.35. Specifically, Respondent shall ensure adequate aisle space necessary to conduct weekly inspections in the 90-day storage area is maintained.

 

6.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(a)(2). Respondent shall ensure all hazardous waste accumulated at the facility is marked with the accumulation start date.

 

7.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(a)(3). Respondent shall ensure all hazardous waste accumulated at the facility is clearly marked with the words "Hazardous Waste."

 

8.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.31. Respondent shall immediately cease puncturing aerosol cans without the proper equipment necessary to capture residual or propellant.

 

9.                  Within thirty (30) days of the Effective Date, Respondent shall submit a plan for proper management of aerosol cans.

 

10.              If the waste determination required in Order 3 determines the liquid and/or solid material in the 90-day storage area containment pit is a hazardous waste, then Respondent shall, within sixty (60) days of the Effective Date of this Agreed Order, decontaminate the 90- day storage are containment pit, hereinafter referred to as "the pit", as follows:

 

a.                   remove all wastes from the pit and appropriately dispose;

 

b.                  mechanically clean the pit by scraping, sweeping, or other method, to remove all physical contamination;

 

c.                   inspect the pit for cracks. If cracks are detected, perform Item j. at this point;

 

d.                  wash the pit with a high pressure steam cleaner with detergent or appropriate solvent to remove the previously stored waste materials;

 

e.                   rinse the pit three (3) times with water;

 

f.                   collect the third (final) rinsate separately and analyze two (2) samples to show that the pit's surface meets the cleanup levels. For inorganic and certain organic parameters, the cleanup levels of the rinsate will be based on the Maximum Contaminant Levels (MCLs) of the National Primary Drinking Water Regulations (40 CFR 141). For the organic parameters without MCLs, the cleanup levels of the rinsate will be based on the analytical methods' Estimated Quantitation Limits (EQLs), as defined in SW-846. The analytical parameters will be based on wastes previously stored on the pit;

 

g.                   the decontamination procedure shall be repeated until the cleanup levels are met;

 

h.                  ensure that care is taken to prevent migration of cleaning liquids from the pit area;

 

I.          collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;

 

J.         sample the soil underlying any cracks found in the inspection to check for contamination. If no contamination is found, seal the cracks and proceed with Items d. through i. above;

 

k.                  if contamination is found, submit a hazardous waste closure plan within sixty (60) days to IDEM for approval for the container storage area in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1;

 

1.                                       upon notice of approval of the closure plan by IDEM, implement the approved plan in accordance with the time frames contained therein.

 

11.              Within fifteen (15) days of completing the decontamination procedure required in Order 11, Respondent shall submit documentation to IDEM, including sample results, which demonstrates decontamination has been completed. Analytical results submitted to IDEM for review shall include signed chain-of-custody sheets, sampling dates, analysis dates, analytical methods used, MCLs, EQLs and quality control results. The quality assurance/quality control (QA/QC) results shall include initial and continuing calibration results, blank results, matrix duplicates, and matrix spike/matrix spike duplicate results.

 

12.              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.

 

13.              In addition, a management plan outlining how waste in the containment pit will be addressed in the future shall be submitted within sixty (60) days of the Effective Date.

 

14.              Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c). Specifically, Respondent shall complete the required hazardous waste training and submit documentation of completion to IDEM for review. The training documentation shall include: the type of training received, date of training, the name of the employee, and the employee's job description and job duties.

 

15.              Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.34(c)(1). Specifically, the drum located in the Argent process area shall be removed and properly disposed. Disposal documentation shall be submitted to IDEM.

 

16.              All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

 

Amy Elliott, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-225l

 

17.              Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of nine thousand dollars ($9,000.00). Said penalty amount shall be due and payable to the "Environmental Management Special Fund" within thirty (30) days of the Effective Date; the thirtieth day being the "Due Date."

 

18.              In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay stipulated penalties in the following amounts:

 

Paragraph

Stipulated Penalty

Order paragraph #3

$100 per month late

Order paragraph #4

$100 per month late

Order paragraph #10

$100 per month late

Order paragraph #11

$100 per month late

Order paragraph #13

$100 per month late

Order paragraph #14

$100 per month late

Order paragraph #15

$100 per month late

Order paragraph #16

$100 per month late

 

19.              Stipulated penalties shall be due and payable no later than the thirtieth day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the thirtieth 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 a 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.

 

20.              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 Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

 

21.              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 21, above.

 

22.              Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

 

23.              .This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

 

24.              No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent's status or responsibilities under this Agreed Order.

 

25.              Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

 

26.              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.

 

27.              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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

 

28.              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.

 

29.             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 violations specified in the NOV.

 

30.             Nothing in this Agreed Order shall prevent IDEM- or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (U.S. 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 U.S. EPA or any other agency or entity.

 

31.              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:  _________________________

 

Linda L. McClure, Chief

 

 

Land 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 2/18/2020

 

Peggy Dorsey, Assistant Commissioner

 

Office of Land Quality