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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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OF
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Complainant, |
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v. |
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Case No. 2020-27082-H |
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ACRONIC
LAFAYETTE LLC, |
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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 Arconic
Lafayette LLC, which owns/operates the facility, with EPA ID No. IND005478094,
located at 3131 East Main Street, in Lafayette, Tippecanoe 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, on August 7, 2020, IDEM
issued a Notice of Violation (“NOV”) to:
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Timothy
D. Myers |
Lindley
Jarrett |
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Chief
Executive Officer |
Environmental
Manager |
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Arconic Lafayette LLC |
Arconic Lafayette LLC |
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201
Isabella Street |
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Pittsburgh,
Pennsylvania 15212 |
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Paul
Starr |
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Plant
Manager |
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Arconic Lafayette LLC |
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3131
East Main Street |
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Lafayette,
Indiana 47905 |
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5.
Respondent notified EPA of Large Quantity
Generator activities on May 27, 2020.
6. Respondent produces aluminum ingot
(casting) from aluminum stock and clean aluminum scrap, aluminum alloys, and a
variety of extruded and drawn aluminum forms.
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 17, 2020, conducted by a representative of IDEM, and a May
19, 2020 “Referral to Land Enforcement” letter, the following violations were
found:
a. Pursuant to 40 CFR 262.13, a generator must determine its generator category. A generator’s category is based on the amount
of hazardous waste generated each month and may change from month to month.
Respondent failed to change its
generator category after generating nineteen (19) 55-gallon containers and one
(1) 35-gallon container of waste sand blasting debris [D008], a hazardous waste,
in November 2019. Specifically, Respondent operated as a Large Quantity
Generator (LQG) in 2019 due to generation of the waste sand blasting debris and
as a LQG in 2020 due to the continued accumulation of the waste sand blasting
debris.
Respondent updated their generator
status to LQG on May 27, 2020.
b. 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.
Respondent failed to notify the
Commissioner of hazardous waste generator and storage activities for the nineteen
(19) 55-gallon containers and one (1) 35-gallon container of waste sand
blasting debris generated in November 2019.
Respondent updated their generator
status to LQG on May 27, 2020.
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.
Respondent stored nineteen (19)
55-gallon containers and one (1) 35-gallon container of waste sand blasting
debris, a hazardous waste identified or listed in 40 CFR Part 261 without a
permit.
Respondent updated their generator
status to LQG on May 27, 2020.
d. Pursuant to 40 CFR 262.17(a), a large
quantity generator accumulates hazardous waste on site for no more than 90 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 90 day period.
Respondent stored nineteen (19)
55-gallon containers and one (1) 35-gallon container of waste sand blasting
debris, a hazardous waste, on-site for greater than 90 days without complying
with 40 CFR Part 264 and 40 CFR Part 270.
Respondent properly disposed of the nineteen
(19) 55-gallon containers and one (1) 35-gallon container of waste sand
blasting debris on April 29, 2020.
e. Pursuant to 40 CFR 262.17(a)(5)(i)(A), a large quantity generator may accumulate hazardous
waste on-site for 90 days or less without a permit, provided that, while being
accumulated on-site, each container is labeled or marked clearly with the words
"Hazardous Waste."
Respondent accumulated nineteen (19)
55-gallon containers and one (1) 35-gallon container of waste sand blasting
debris, a hazardous waste, on-site without a permit, and did not label or
clearly mark hazardous waste containers with the words "Hazardous
Waste."
Respondent properly disposed of the nineteen
(19) 55-gallon containers and one (1) 35-gallon container of waste sand
blasting debris on April 29, 2020.
f. Pursuant to 40 CFR
262.17(a)(5)(i)(B), a large quantity generator may
accumulate hazardous waste on-site for 90 days or less without a permit,
provided that, while being accumulated on-site, each container is labeled or
marked with an indication of the hazards of the contents.
Respondent accumulated nineteen (19)
55-gallon containers and one (1) 35-gallon container of waste sand blasting
debris, a hazardous waste, on-site without a permit, and did not label or
clearly mark containers with an indication of the hazards of the contents.
Respondent properly disposed of the nineteen
(19) 55-gallon containers and one (1) 35-gallon container of waste sand
blasting debris on April 29, 2020.
g. Pursuant to 40 CFR 262.17(a)(5)(i)(C), a large quantity 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.
Respondent accumulated nineteen (19)
55-gallon containers and one (1) 35-gallon container of waste sand blasting
debris, a hazardous waste, on-site without a permit, and did not mark hazardous
waste containers with accumulation start dates.
Respondent properly disposed of the nineteen
(19) 55-gallon containers and one (1) 35-gallon container of waste sand
blasting debris on April 29, 2020.
h. Pursuant to 40 CFR 262.41(a), a generator who is a large quantity generator for at least one
month of an odd-numbered year (reporting year) who ships any hazardous waste
off-site to a treatment, storage or disposal facility within the United States
must complete and submit EPA Form 8700-13 A/B to the Regional Administrator by
March 1 of the following even-numbered year and must cover generator activities
during the previous year.
Respondent generated at a LQG level in
November 2019 and accumulated at a LQG level in 2019 and 2020. IDEM has no
indication that Respondent ceased LQG activities at the Site in 2020, and thus
believes that Respondent should have submitted a 2019 biennial report by March
1, 2020.
Respondent submitted a 2019 Biennial
Report on March 25, 2020.
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 waives any right to administrative and
judicial review of this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s delegate
and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall comply with the statutes and
rules listed in the findings of fact above.
3.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Five Thousand Dollars ($5,000).
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.”
4.
Civil penalties are payable by check to the
“Environmental Management Special Fund.” Checks shall include the Case Number of this
action and shall be mailed to:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
5.
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 pay 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 4, above.
6.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
7.
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.
8.
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.
9.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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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Jennifer
Reno, Chief |
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Land
Enforcement Section |
Printed: ______________________ |
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Compliance
Branch |
Title: ________________________ |
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Office of
Land Quality |
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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
THIS |
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________________________, 20_____. |
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For the Commissioner: |
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Signed 10/15/2020 |
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Peggy Dorsey, Assistant Commissioner |
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Office of Land Quality |
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