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. 2021-28199-H
					)
CHROMASOURCE, INC.,					)
					)
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 ChromaSource, Inc. (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR000107391, located at 2433 S CR 600 E, in Columbia City, Whitley 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:

Jason Brooks, CEO and Registered Agent

ChromaSource, Inc.

2433 S CR 600 E

Columbia City, IN 46725

5. Respondent notified of Large Quantity Generator activities.

6. The facility is a manufacturer of color systems and color cards.

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 August 10, 2021 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.17(a)(1)(v), at least weekly, the large quantity generator must inspect central accumulation areas. The large quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors.

As noted during the inspection, Respondent failed to conduct weekly inspections of central accumulation areas. Specifically, Respondent failed to inspect the Wet Paint/Distillation Room, Coating Department, Drum Storage/Lacquer Paint, Shipping Dock, and the Coating Department. The Coating Department required weekly inspections due to 85-gallon drums being utilized in this area.

b. 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.

As noted during the inspection, Respondent accumulated hazardous waste on-site, and did not label or clearly mark containers with an indication of the hazards of the contents. Specifically, Respondent did not mark the following hazardous waste containers with the indication of the hazards of the contents:

· Six (6) 55-gallon drums of D001/F003/F005 hazardous waste in the Wet Paint/Distillation Room;

· Five (5) 55-gallon drums of D001/F003/F005 hazardous waste in the Wet Paint/Distillation Room;

· One (1) 300-gallon tote of D001/F003/F005 hazardous waste in the Wet Paint/Distillation Room;

· One (1) 85-gallon drum of D001/F003/F005 hazardous waste in the Coating Room; and

· One (1) 55-gallon drum of D009 hazardous waste in the Shipping Dock.

c. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.251(b)(8)(i), a large quantity generator must maintain and operate the facility 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 the inspection, Respondent failed to properly manage hazardous waste drums to minimize a release to the environment. Specifically, hazardous waste drums in the Wet Paint/Distillation Room awaiting treatment in the Distillation Unit on-site were not securely sealed (lid present without drum ring/secured). These drums were being relocated from the Coating Room and other generation areas around the facility and needed to be securely closed during transportation to and around the Wet Paint/Distillation Room.

d. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.262(b), a large quantity generator that first becomes subject to these provisions after May 30, 2017 or a large quantity generator that is otherwise amending its contingency plan must at that time submit a quick reference guide of the contingency plan to the local emergency responders identified at paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee. The quick reference guide must include:

(1) The types/names of hazardous wastes in layman’s terms and the associated hazard associated with each hazardous waste present at any one time.

(2) The estimated maximum amount of each hazardous waste that may be present at any one time.

(3) The identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff.

(4) A map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes.

(5) A street map of the facility in relation to surrounding businesses, schools, residential areas to understand how best to get to the facility and also evacuate citizens and workers.

(6) The locations of water supply.

(7) The identification of on-site notification systems; and

(8) The name of the emergency coordinator(s) and 7/24-hour emergency telephone number(s) or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.

As noted during the inspection, Respondent failed to develop and submit a Quick Reference Guide to local emergency responders. Specifically, the facility did not create a Quick Reference Guide when it updated its Contingency Plan in February 2021 after the adoption of the Generator Improvement Rule in December 2019.

e. Pursuant to 40 CFR 262.17(a)(7)(i),(ii), and (iii), facility personnel must complete a program of classroom instruction, online training, 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 the inspection, Respondent did not provide staff with annual hazardous waste training since July 17, 2018.

f. Pursuant to 40 CFR 262.17(a)(7)(iv), certain hazardous waste training related documents and records including job title, job descriptions, a description of the type and amount of required training, and completion documents with respect to the hazardous waste management training must be maintained on-site.

As noted during the inspection, Respondent did not maintain all of the required hazardous waste training related documents and records on-site. Specifically, the hazardous waste training documents and records information for Mr. Drew Minier or Mr. Ken Taylor occupy were not on-site.

g. 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/record, Respondent did not include all of the required information on two (2) manifests. Specifically, two (2) hazardous waste manifests for D009 hazardous waste from 2020 did not maintain the appropriate facility EPA identification number. Box 1 of the hazardous waste manifests as incorrectly filled in with “VSQG” (Very Small Quantity Generator) and not with Respondent’s generator twelve-digit EPA identification number.

h. Pursuant to IC 13-22-4-3.1(c), a hazardous waste large quantity generator (LQG), i.e., a person that generates, in any one or more calendar months of a calendar year:

a) more than one thousand (1,000) kilograms of hazardous waste;

b) at least one (1) kilogram of acute hazardous waste; or

c) at least one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department either the biennial report concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, that summarizes the person's hazardous waste shipments during the previous calendar year. LQGs are required to submit the Hazardous Waste Biennial Report by March 1 of each even numbered year and the IDEM annual manifest report by March 1 of each odd numbered year.

As noted during the inspection, two (2) shipments (Manifest Nos. 019869854 JJK and 019869949 JJK) of D009 hazardous waste were not recorded in Respondent’s 2020 Annual Manifest Report.

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 acknowledge 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 statute and rules listed in the findings of fact above.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(1)(7). Specifically, Respondent shall immediately begin conducting weekly inspections of the central accumulation areas.

4. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B). Specifically, Respondent shall label and clearly mark each container with an indication of the hazard of the contents.

5. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.251(b)(8)(i). Specifically, Respondent shall ensure hazardous waste drums that are transported to and around the facility to the Wet Paint/Distillation Room for treatment in the Distillation Unit on-site are securely sealed.

6. Within fifteen (15) days of the Effective Date, Respondent shall submit photographs showing the hazardous waste drums awaiting treatment in the Distillation Unite are securely sealed.

7. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR262.17(a)(6) referencing 40 CFR 262.262(b). Specifically, Respondent shall develop a quick reference guide and submit it to the local emergency responders and IDEM.

8. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7)(i), (ii), and (iii). Specifically, Respondent shall submit to IDEM documentation that it has conducted RCRA training for facility personnel involved with hazardous waste management that teaches them to perform their duties in compliance with the hazardous waste management rules.

9. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7)(iv). Specifically, Respondent shall submit to IDEM hazardous waste training and records for Mr. Drew Minier and Mr. Ken Taylor.

10. Upon the Effective Date, Respondent shall comply with 40 CFR 262.20(a). Specifically, Respondent shall ensure hazardous waste manifests are fully filled out and contain accurate information.

11. Within thirty (30) days of the Effective Date, Respondent shall notify the receiving facility from the shipments of D009 hazardous waste in 2020 of the revised generator’s EPA ID number and submit corrected copies of hazardous waste manifests, 019869854 JJK and 019869949 JJK, documenting the revised generator EPA ID Number to IDEM.

12. Within thirty (30) days of the Effective Date, Respondent shall comply with IC 13-22-4-3.1(c). Specifically, Respondent shall submit an amended Annual Manifest Report for 2020. The amended Annual Report for 2020 hazardous waste activity must submitted electronically via the Annual Report module in RCRAInfo. Contact Matt Peterschmidt at mpetersc@idem.IN.gov to have your 2020 Annual Report returned so that it can be amended and re-submitted.

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

Samantha Nunnery, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

14. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Fourteen Thousand Eight Hundred and Fifty Dollars and Forty Cents ($14,850). 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 check, eCheck, Master Card, Visa, or Discover. A processing fee of $1.00 will be charged for e-check payments. A processing fee of $1.00 plus 1.99% will be charged for credit card payments.

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

If paying by eCheck, Master Card, Visa, or Discover, visit www.IN.gov/IDEM. Under Online Services, click Online Payment options and follow prompts. Respondent may also call Accounts Receivable at (317) 234-3099 and follow the instructions for Master Card, Visa, or Discover payment.

15. 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 # 6	$ 100 per week
Order paragraph # 7	$ 100 per week
Order paragraph # 8	$ 100 per week
Order paragraph # 9	$ 100 per week
Order paragraph # 11	$ 100 per week
Order paragraph # 12	$ 100 per week

16. Stipulated penalties shall be due and payable no later than the thirtieth day after Respondent receive 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.

17. 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 14, above.

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

19. 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.

20. 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.

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

22. 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.

23. 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.

24. 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.

25. 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 violation specified in the NOV.

26. 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.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: _________				By:  _________________________
	Jennifer Reno, Section 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 04/20/2022 By:
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality