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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. 2021-27874-H |
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Heidtman steel products, 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 Heidtman
Steel Products, Inc. (“Respondent”), which owns/operates the facility with
United States Environmental Protection Agency (“EPA”) ID No. INR000007328,
located at 4400 County Road 59, in Butler, DeKalb 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”) to:
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Heidtman Steel Products, Inc. |
John
C. Bates, Registered Agent for |
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Attn:
Timothy Berra, President |
Heidtman Steel Products, Inc. |
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10
Northgate Industrial Drive |
4400
County Road 59 |
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Granite
City, IL 62040 |
Butler,
IN 46721 |
5.
Respondent notified EPA of Very Small Quantity
Generator activities.
6.
Respondent conducts steel pickling, tempering,
and slitting.
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 April 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 pickle
liquor waste (K062) that was disposed of as “waste hydrochloric acid solution”
(D002). The waste was shipped with only the D002 waste
code on manifest numbers 011748479 FLE, 011748480 FLE, 018718554 JJK, and
018718555 JJK.
b. Pursuant to 40 CFR 262.11(g), small
quantity generators and large quantity generators must identify all applicable
EPA hazardous waste numbers (EPA hazardous waste codes) in subparts C and D of
part 261.
As noted during the inspection, Respondent did not identify all applicable EPA hazardous
waste numbers for spent pickle liquor waste (K062) from cleanouts of spent
pickle liquor tanks. The spent pickle liquor waste was disposed of using the
D002 waste code only. The waste was shipped on manifest numbers 011748479 FLE,
011748480 FLE, 018718554
JJK, and 018718555 JJK.
c. 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.
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
activities. Specifically, Respondent had notified as a very small quantity
generator of hazardous waste but has operated as a large quantity generator of
hazardous waste on multiple occasions.
e. Pursuant to 40 CFR 262.20(a), a
generator who sends hazardous waste off-site must ensure
that manifests are fully filled out and contain accurate information.
As noted during the inspection,
Respondent did not include the correct information on manifest 018718554 JJK.
The shipment sent to US Ecology, MID074258565 listed an incorrect phone number.
f. Pursuant to 40 CFR 262.17(a)(9)
referencing 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. With the initial shipment of waste to
each treatment, storage, or disposal facility, a generator must send a one-time
written notice to each facility receiving the waste and place a copy in the
file.
As noted during the inspection, Respondent
did not identify the hazardous waste constituents associated with the spent
pickle liquor waste (K062) from cleanouts of spent pickle liquor tanks on the
land disposal restriction forms. The spent pickle liquor waste was disposed of
using the D002 waste code only. The waste was shipped on manifest numbers
011748479 FLE, 011748480 FLE, 018718554 JJK, and 018718555 JJK without a
properly completed land disposal restriction form.
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 rules listed
in the findings of fact above.
3.
Upon the Effective Date of the Agreed Order,
Respondent shall comply with 40 CFR 262.11.
Specifically, Respondent shall cease the disposal of spent pickle liquor
as solely a D002 hazardous waste. Respondent
shall use the K062 waste code on all hazardous waste manifests.
4.
Within fifteen (15) days of the Effective Date,
Respondent shall submit to IDEM documentation verifying a proper waste
determination and disposal records for the spent pickle liquor.
5. Within thirty
(30) days of the Effective Date, Respondent shall notify the receiving
facility from manifests 011748479 FLE, 011748480 FLE, 018718554 JJK, and
018718555 JJK of the revised EPA waste codes. Submit a corrected copy of manifests
011748479 FLE, 011748480 FLE, 018718554 JJK, and 018718555 JJK documenting the
revised EPA waste codes to IDEM.
6. Upon the
Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.13. Specifically, Respondent shall determine their generator category on a monthly basis.
7. Upon the Effective
Date of the Agreed Order,
Respondent shall comply with 329 IAC 3.1-1-10. Specifically, Respondent shall notify
the Commissioner of generator status changes.
8. Upon the Effective Date of the Agreed Order, Respondent
shall comply with 40 CFR 262.20(a). Specifically, Respondent shall ensure
that manifests are fully filled out and contain accurate information.
9. Within thirty (30) days of the Effective Date, Respondent
shall notify the receiving facility from manifest 018718554 JJK of the revised phone number for the
receiving facility, US Ecology, MID074258565. Submit a
corrected copy of manifest 018718554 JJK documenting the revised phone number
to IDEM.
10. Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 268.7(a).
Specifically, Respondent shall not allow transportation of hazardous waste for
off-site treatment, storage, disposal without preparing a one-time Land
Disposal Notification Form and identifying the hazardous waste constituents
associated with the waste.
11. Within thirty (30) days of the Effective
Date, Respondent shall notify the receiving facility from manifests
011748479 FLE, 011748480 FLE, 018718554 JJK, and 018718555 JJK of the
corrected land disposal restriction form to include the K062 waste code. Submit
a corrected copies of land disposal restriction forms associated with manifests
011748479 FLE, 011748480 FLE, 018718554 JJK, and 018718555 JJK documenting the waste
code to IDEM.
12.
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 |
13.
Pursuant
to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of
Twenty-One Thousand Dollars ($21,000). Respondent shall pay by the due date
printed on the Invoice, as attached.
Civil and stipulated penalties are
payable to the “Environmental Management Special Fund” by:
Mail:
Civil penalties are payable by check to
the “Environmental Management Special Fund” [or “Underground Petroleum
Storage Tank Trust 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 |
Online:
Accounts Receivable is accepting
payments online by e-Check, Master Card, Visa or Discover. Please visit www.IN.gov/IDEM.
Under Online Services, click Online Payment options and follow the prompts. A
processing fee of $1 plus 1.99% will be charged for credit card payments.
A processing fee of $1.00 will be charged for eCheck
payments.
The Case Number is required to complete
the process.
Phone:
You may also call us at 317-234-3099 and
follow the instructions for Master Card, Visa or Discover payments. A
processing fee of $1 plus 1.99% will be charged for credit card payments.
A processing fee of $1.00 will be charged for eCheck payments.
The Case Number is required to complete
the process.
14.
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 #4 |
$100
per week |
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Order
paragraph #5 |
$100
per week |
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Order
paragraph #9 |
$100
per week |
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Order
paragraph #11 |
$100
per week |
15.
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.
16.
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 an additional penalty of 10 percent, payable to the “Environmental
Management Special Fund”, and shall be payable to IDEM in the manner specified
in Paragraph 13, above.
17.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
18.
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.
19.
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.
20.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
21.
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.
22.
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.
23.
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.
24.
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.
25.
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.
27. 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, Section Chief |
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Land Enforcement
Section |
Printed: ______________________ |
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Office of
Land Quality |
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Title: ________________________ |
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Date: ________________ |
Date: _______________________ |
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COUNSEL FOR RESPONDENT: |
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By: ________________________ |
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Date: ______________________ |
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APPROVED AND
ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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DAY
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For the
Commissioner: |
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Signed on
03/08/22_____________ |
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Peggy Dorsey, Assistant Commissioner |
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Office of
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