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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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Case No. 2021-27807-H |
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Roembke mfg. and design 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 Roembke Mfg. and Design Inc.
(“Respondent”), which owns/operates the facility with United States
Environmental Protection Agency (“EPA”) ID No. INR000103226, located at 1580
Baker Drive, in Ossian, Wells 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:
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Roembke Mfg. & Design Inc. |
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Attn:
Greg Roembke, President and Registered Agent |
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1580
Baker Drive |
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Ossian,
IN 46777 |
5.
Respondent notified EPA of Small Quantity Generator activities.
6.
Respondent manufacturers molds for the
automotive and healthcare industries.
7. 329 Indiana Administrative Code (“IAC”)
3.1 incorporates 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 January 22, 2021 conducted by a
representative of IDEM, the following violations were found:
a. Pursuant
to 40 CFR 262.11(a): A person who
generates a solid waste must determine if that waste is a hazardous waste at
the point of waste generation, before any dilution, mixing, or other alteration
of the waste occurs, and at any time in the course of its management that it
has, or may have, changed its properties as a result of exposure to the
environment or other factors that may change the properties of the waste such
that the RCRA classification of the waste may change.
As noted during the inspection,
Respondent did not make a proper hazardous waste determination on spent
corrosive cleaner (D002). Respondent stated that approximately thirty (30)
gallons of the spent corrosive cleaner (D002) is added to an empty 300-gallon
tote and then water is added to fill the tote. The spent corrosive cleaner is
being diluted with water versus being neutralized, as indicated by Respondent.
b. Pursuant to 40 CFR 262.11(d), the
person must determine whether the waste exhibits one or more hazardous
characteristics as identified in subpart C of 40 CFR part 261 by following the
procedures in paragraph (d)(1) or (2) of this section or a combination of both.
As noted during the inspection,
Respondent did not determine whether the following waste streams exhibited a
characteristic:
(a) Blasting dust from cleaning molds of
various metals including stainless steel
(b) Mineral spirits at the point of
generation, before mixing with used oil
(c) Used oil and mineral spirits mixture
(d) Oily water evaporator sludge
On March 2 and March 19, 2021,
Respondent submitted analytical results for all the waste streams except for
(c), the used oil and mineral spirits mixture.
On September
7, 2021 and October 14, 2021, Respondent submitted
documentation that the used oil and mineral spirits would no longer be combined
but managed as separate waste streams.
c. Pursuant
to 40 CFR
262.15(a)(5)(ii), a generator must mark or label its satellite hazardous waste
containers with an indication of the hazards of 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 an indication of the
hazards of the contents. Specifically, Respondent failed to mark one (1)
55-gallon container of F006, D007 from the plating operation.
d. Pursuant to 40 CFR 262.16(a) and (b), a
generator who generates greater than 100 kilograms but less than 1000 kilograms
of non-acute hazardous waste in a calendar month and who accumulates hazardous
waste on site for no 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 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. Specifically,
Respondent stored approximately 25-30 gallons of hazardous waste evaporator
sludge in a 60-75-gallon tank used to collect plating solution evaporator
sludge from a previously used evaporator. The evaporator was used to decrease
the volume of spent plating solution (D002, D006, D007) but had not been used
for approximately two years. Neither the evaporator nor the tank had been decommissioned.
On September
7, 2021, Respondent provided documentation that the evaporator and tank have
been decommissioned.
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.
On September
7, 2021, Respondent provided documentation that the evaporator and tank have
been decommissioned.
f. 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.
g. Pursuant to 40 CFR 262.16(b)(3), a small
quantity generator must comply with the general operating conditions in 40 CFR
262.16(b)(3) when accumulating hazardous waste in tanks.
As noted during the inspection,
Respondent failed to comply with general operating conditions when accumulating
hazardous waste in tanks. Specifically, Respondent stored approximately 25-30
gallons of hazardous waste evaporator sludge in a 60-75-gallon tank used to
collect plating solution evaporator sludge from a previously used evaporator.
The evaporator was formerly used to decrease the volume of spent plating
solution (D002, D006, D007) but had not been used for approximately two years.
Neither the evaporator nor the tank had been decommissioned.
h. Pursuant to 40 CFR 262.16(b)(6)(ii)(A),
a small quantity generator may accumulate hazardous waste on-site for 180 days
or less without a permit, provided that, while being accumulated on-site, each 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 tanks with the words "Hazardous Waste."
Specifically, Respondent failed to mark the tank containing waste plating
sludge (D002, D006, D007) with the words “Hazardous Waste”.
On September 7, 2021, Respondent
provided documentation that the evaporator and tank have been decommissioned.
i. Pursuant to 40
CFR 262.16(b)(6)(ii)(B), a small quantity generator may accumulate
hazardous waste on-site for 180 days or less without a permit, provided that,
while being accumulated on-site, each tank is labeled or marked with an
indication of the hazards of the contents.
As noted
during the inspection, Respondent accumulated hazardous waste on-site,
without a permit, and failed to clearly mark hazardous waste tanks with an
indication of the contents. Specifically, Respondent failed to mark the tank
containing waste plating sludge (D002, D006, D007) with an indication of the
hazards of the contents.
j. Pursuant to 40
CFR 262.16(b)(9)(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 inspection,
Respondent failed to ensure that all employees are thoroughly familiar with
proper waste handling. Specifically,
Respondent provided inadequate on-the-job training based upon the number of
citations noted during the inspection.
On September 7, 2021, Respondent
provided updated training program documentation.
k. Pursuant to 329 Indiana Administrative
Code (“IAC”) 13-4-2(a), mixtures of used oil and hazardous waste must be
managed in accordance with 329 IAC 13-3-1(b). Pursuant to 329 IAC 13-3-1(b)(2), used oil mixed with characteristic
hazardous waste identified in 40 CFR 261, Subpart C, revised as of July 1,
2005, is subject to 329 IAC 3.1, Hazardous Waste Management Permit Program and
Related Hazardous Waste Management and 329 IAC 3.1-7-1, Adoption of federal
standards applicable to generators of hazardous waste.
As noted during the inspection,
Respondent failed to manage a 300-gallon tote of spent mineral spirits mixed
with used as hazardous waste. The
mineral spirits (D001) were mixed with used oil as stated by an employee of the
Respondent. Specifically, the spent mineral spirits were added to a 300-gallon
tote containing used oil. The tote was
labeled as “Used Oil’ and stored in the Welding Booth Area.
On September 7, 2021
and October 14, 2021, Respondent submitted documentation that the used oil and
mineral spirits would no longer be combined but managed as separate waste
streams.
l. 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 offered hazardous waste for transportation for offsite treatment,
storage, or disposal without preparing a manifest when
shipping spent mineral spirits mixed with used oil on January 29, 2021. Specifically,
the mixture of used oil and spent mineral spirits was shipped to Heritage
Crystal Clean without preparing a hazardous waste manifest.
m. 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 when shipping spent mineral spirits mixed with used
oil on January 29, 2021. Specifically, the mixture of used oil and spent
mineral spirits was shipped to Heritage Crystal Clean without preparing a
hazardous waste manifest.
n. Pursuant to 40 CFR 262.18(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 offered spent mineral spirits mixed with used oil to Heritage
Crystal Clean as used oil on January 29, 2021. The used oil mixture was brought
to the Heritage Crystal Clean transfer facility in Fort Wayne, Indiana and
subsequently transferred to a used oil processing facility.
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. Immediately, upon the Effective Date of
the Agreed Order, Respondent shall comply with 40 CFR 262.11(a). Specifically,
Respondent shall cease diluting spent corrosive cleaner (D002).
4. Upon the Effective Date of the Agreed
Order, Respondent shall comply with 40 CFR 262.15(a)(5)(ii). Specifically, Respondent shall mark or label hazardous
waste satellite containers with an indication of the hazards of the contents.
5. Upon the Effective Date of the Agreed Order,
Respondent shall comply with 40 CFR
262.16(a) and (b), IC 13-30-2-1(10), and 40 CFR 270.1(c). Specifically,
Respondent shall not accumulate hazardous waste for more than 180 days unless
an extension has been granted to the timeframe for as long as it remains a small
quantity generator of hazardous waste.
6. Within thirty (30) days of the Effective
Date of the Agreed Order, Respondent shall ensure that all employees are
thoroughly familiar with proper waste handling and emergency procedures,
relevant to their responsibilities during normal facility operations and
emergencies.
7. Upon the Effective
Date of the Agreed Order, Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically, Respondent shall properly
manifest hazardous waste prior to shipment.
8. Upon the Effective Date of the Agreed
Order, Respondent shall comply with 40 CFR 262.18(c). Specifically, Respondent shall offer its
hazardous waste to transporters or to treatment, storage, or disposal
facilities that have received an EPA identification number.
9. All submittals required by this Agreed
Order, unless IDEM notifies the Respondent
otherwise in writing, shall be sent to:
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Debbie
Chesterson, 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 |
10. Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Fourteen Thousand Eight Hundred Dollars
($14,800). 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.”
11.
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:
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Paragraph |
Stipulated
Penalty |
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Order paragraph #3 |
$250 per week |
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Order paragraph #4 |
$100 per week |
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Order paragraph #5 |
$100 per week |
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Order paragraph #6 |
$100 per week |
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Order paragraph #7 |
$100 per week |
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Order paragraph #8 |
$100 per week |
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Order paragraph #9 |
$100 per week |
12.
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.
13.
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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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
14.
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 13, above.
15.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
16.
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.
17.
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.
18.
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.
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.
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.
21.
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.
22.
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.
23.
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.
24. 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
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By:
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By: _________________________ |
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Jennifer Reno, Section Chief |
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Enforcement Section |
Printed:
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Office of Land Quality |
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Title:
________________________ |
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Date:
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Date:
_______________________ |
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COUNSEL
FOR RESPONDENT: |
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By:
________________________ |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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For
the Commissioner: |
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Signed 11/4/2021 |
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Peggy
Dorsey, Assistant Commissioner |
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Office
of Land Quality |
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