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. 2021-27892-H
					)
GLOBE INDUSTRIES LLC,					)
					)
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 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 Globe Industries LLC, which owns/operates the facility, with Environmental Protection Agency ID No. INR000137893, located at 335 South Voyles Road, in Pekin, Washington 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:

Marlin Andres, President and Registered Agent

Globe Industries LLC

20 West 7^th Street

New Albany, Indiana 47150

5. Respondent notified EPA of Small Quantity Generator activities on December 29, 2014.

6. Respondent’s facility specializes in blasting and painting industrial steel products.

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 inspection on May 13, 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 hazardous waste determination on waste paint (D001), a solid waste generated by Respondent. Specifically, Respondent comingled waste paint (D001) with municipal trash for solid waste disposal.

b. 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 waste paint (D001), a hazardous waste, for transportation for offsite treatment, storage, or disposal without preparing a manifest.

c. 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 waste paint (D001), a hazardous waste, without a manifest as required by law.

d. Pursuant to 40 CFR 262.16(b)(6)(i)(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 container 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, one (1) 55-gallon container of waste paint related material (D001, D007, D008, D035, F003, and F005) was stored in Paint Booth 1 without the words “Hazardous Waste.”

Respondent corrected the violation on May 13, 2021.

e. Pursuant to 40 CFR 262.16(b)(7), a small quantity generator must comply with all the applicable requirements under 40 CFR part 268.

As noted during the inspection, Respondent failed to comply with all the applicable requirements under 40 CFR part 268. Specifically, Respondent failed to have Land Disposal Restriction (“LDR”) documents for the facility’s waste streams at the time of the inspection.

f. Pursuant to 40 CFR 262.16(b)(8)(i), a small quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of a 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 failed to properly manage waste paint (D001) to minimize a release to the environment. Specifically, Respondent comingled waste paint (D001) with municipal trash for solid waste disposal.

g. 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 and EPA identification number.

As noted during the inspection, Respondent offered waste paint (D001) to a transporter and disposal facility that did not have an EPA ID number.

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, Respondent shall comply with 40 CFR 262.11(a), specifically, Respondent shall ensure a determination is made for waste prior to disposal.

4. Immediately upon the Effective Date, Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12), specifically, Respondent shall ensure a manifest is prepared for transportation of hazardous waste for off-site treatment, storage, or disposal.

5. Immediately upon the Effective Date, Respondent shall comply with 40 CFR 262.16(b)(6)(i)(A), specifically, Respondent shall ensure all hazardous waste containers are clearly marked with accumulation start dates.

6. Immediately upon the Effective Date, Respondent shall comply with 40 CFR 262.16(b)(6)(i)(C), specifically, Respondent shall ensure all hazardous waste containers are clearly marked with the words "Hazardous Waste."

7. Immediately upon the Effective Date, Respondent shall comply with 40 CFR 262.16(b)(7), specifically, Respondent shall maintain LDR documents for review as required under 40 CFR 268.7.

8. Immediately upon the Effective Date, Respondent shall comply with 40 CFR 262.16(b)(8)(i), specifically, Respondent shall manage hazardous waste or hazardous constituents in a manner to minimize a release to the environment.

9. Immediately upon the Effective Date, Respondent shall comply with 40 CFR 262.18(c), specifically, Respondent shall ensure that hazardous waste is offered to transporters or treatment, storage, or disposal facilities that have an EPA Identification number.

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

Linda McClure, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204

11. 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.”

12. 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

13. 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 12, above.

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

15. 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.

16. 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.

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

18. 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.

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

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 violations specified in the NOV.

22. 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.

23. 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:  _________________________
	Jennifer Reno, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: _______________________
				COUNSEL FOR RESPONDENT:
				By: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		______	DAY OF	_______________, 20_____.
				For the Commissioner:
				Signed 11/4/2021
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality