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. 2022-28761-H
					)
LTA II MANUFACTURING, LLC					)
DBA RANCH FIBERGLASS,					)
					)
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 LTA II Manufacturing, LLC dba Ranch Fiberglass (“Respondent”), which owns and operates the company with United States Environmental Protection Agency (“EPA”) ID No. IND064717291, located at 28564 Holiday Place, in Elkhart, Elkhart 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 and email to:

Ted Fick, CEO of

LTA II Manufacturing, LLC dba Ranch Fiberglass

801 E. North Street

Ottawa, Kansas 66067

C T Corporation System, Registered Agent for

LTA II Manufacturing, LLC dba Ranch Fiberglass

334 North Senate Avenue

Indianapolis, Indiana 46204

5. Respondent notified EPA of Large Quantity Generator (“LQG”) activities on February 7, 2022.

6. Respondent is a manufacturer of fiberglass truck caps and tonneau covers.

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 June 9, 2022 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“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 storage and treatment activities for hazardous waste (D001, D035, F003, and F005).

Notification of storage and treatment activities submitted August 25, 2022.

b. 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.

Pursuant to 40 Code of Federal Regulations (“CFR”) 262.17, a large quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of Section 3010 of RCRA, provided that all of the conditions in 262.17 are met.

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.

As noted during the inspection, two 55-gallon drums of hazardous waste (D001, D035, F003, F005) were stored >90-days. The drums were dated January 26, 2022, and March 8, 2022.

As noted during the inspection, one 275-gallon tote and one approximately 300-gallon shear mixer no longer in service contained waste resin (D001) were stored open and allowed to volatilize for approximately seven and six months respectively.

Disposal manifest dated June 24, 2022 of the two 55-gallon drums, one 275-gallon tote, and approximately 300-gallon shear tank submitted. Per facility representatives, the tote and shear tank have been removed from the facility.

c. Pursuant to 40 CFR 262.17(a)(1)(iv)(A), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

As noted during the inspection, one 275-gallon tote containing waste resin from cleaning a 20,000-gallon bulk resin tank in November 2021 was stored open. Additionally, an approximately 300-gallon shear tank formerly used in the resin mixing room still containing resin was stored open.

Disposal manifest dated June 24, 2022 showing contents of the 275-gallon tote and approximately 300-gallon shear tank contents removed and disposed of, and tote and tank removed from facility.

d. 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 required weekly inspections of the <90-day storage area.

Weekly inspection sheets submitted.

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."

As noted during the inspection, one 275-gallon tote and an approximately 300-gallon shear mixer formerly used in the resin mixing room both containing waste resin (D001) were not labeled with the words “Hazardous Waste”.

Disposal manifest dated June 24, 2022 showing contents of the 275-gallon tote and approximately 300-gallon shear tank contents removed and disposed of, and tote and tank removed from facility.

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.

As noted during the inspection, one 275-gallon tote containing waste resin (D001) and an approximately 300-gallon shear tank formerly used in the resin mixing room still containing resin and were stored in the <90-day storage area with no indication of their hazards.

Disposal manifest dated June 24, 2022 showing contents of the 275-gallon tote and approximately 300-gallon shear tank contents removed and disposed of, and tote and tank removed from facility.

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.

As noted during the inspection, one 275-gallon tote and an approximately 300-gallon shear mixer formerly used in the resin mixing room both containing waste resin (D001) were not marked with the start of accumulation date.

Disposal manifest dated June 24, 2022 showing contents of the 275-gallon tote and approximately 300-gallon shear tank contents removed and disposed of, and tote and tank removed from facility.

h. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.251, a large 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 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, two containers storing hazardous waste resin (D001) were stored open in the <90-day area for several months and allowed to volatilize, including one 275-gallon tote and an approximately 300-gallon shear mixer no longer in use and moved from the resin mixing room to the <90-day area. Satellite containers were also observed to be stored open when not adding or removing waste.

Disposal manifest dated June 24, 2022 showing contents of the 275-gallon tote and approximately 300-gallon shear tank contents removed and disposed of, and tote and tank removed from facility.

i. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.252, all areas where hazardous waste is generated or accumulated must be equipped with the items in paragraphs (a) through (d) of this section (unless none of the hazards posed by waste handled at that facility could require a particular kind of equipment specified below or the actual hazardous waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). A large quantity generator may determine the most appropriate locations within its facility to locate equipment necessary to prepare and respond to emergencies:

(a) an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(b) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;

(c) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

(d) water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

As noted during the inspection, there was no spill control equipment in (or near) areas where waste is generated or accumulated. Per facility representatives, they do have spill equipment; however, it is stored in a separate building to the north across Holiday Street.

Documentation of spill response equipment placed in 90-day accumulation area submitted.

j. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.255, the large quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of the facility operation in an emergency, unless aisle space is not needed for any of these purposes.

As noted during the inspection, Respondent did not have adequate aisle space in the <90-day area to allow for unobstructed movement of personnel or equipment required to respond to spills, etc.

Documentation of adequate aisle space in the <90-day area submitted.

k. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.261, the content of the contingency plan must include the following: a description of appropriate actions, arrangements with local emergency response teams, contact information for the emergency coordinators, emergency equipment, and an evacuation plan.

As noted during the inspection, the contingency plan was last updated in November 2018. The plan lists Mr. Rick Willis and Mr. Derek Wiseman as the primary and secondary emergency contacts; however, neither individual is currently employed at the facility. Due to the contingency plan not being updated, Respondent had not created and submitted a quick reference guide to the local emergency responders as required.

Documenation of an updated contingency plan and quick reference guide submitted.

l. Pursuant to 40 CFR 262.17(a)(7)(i)(A), facility personnel must successfully complete a program of classroom instruction, online training (e.g., computer-based, or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part. The large quantity generator must ensure that this program includes all the elements described in the document required under paragraph (a)(7)(iv) of this section.

As noted during the inspection, personnel, Ms. Jennifer Sims, primary contact, and Mr. Jeff Wagner, secondary contact, and Mr. Brent Stankovich who is responsible for hazardous waste management and would be conducting weekly inspections if needed, did not have the required training related to the management of hazardous waste to ensure compliance with the applicable rules and regulations.

Documentation of completed personnel training submitted.

m. Pursuant to 40 CFR 262.23(a) referencing 40 CFR 262.40, the generator must sign the manifest certification by hand; obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and retain one copy, in accordance with §262.40.

As noted during the inspection, Respondent had copies of the Generator’s Initial Copy for waste shipment but did not have signed copies of manifests from the designated facility to ensure waste generated by LTA had been received. Additionally, Respondent did not have the documents stored in another location and did not know of or have access to the documents available in RCRA Info.

Documentation of signed manifests obtained, and access to RCRA Info also obtained.

n. Pursuant to 40 CFR 262.15(a)(4), a satellite accumulation container holding hazardous waste must be closed at all times during accumulation, except when adding, removing, or consolidating waste.

As noted during the inspection, three satellite containers in the gelcoat, chop, and lamination areas were stored open.

The containers were closed during the inspection.

o. Pursuant to 40 CFR 262.15(a)(5)(i), a generator must mark or label its satellite hazardous waste containers with the words “Hazardous Waste”.

As noted during the inspection, three satellite containers in the gelcoat, chop, and lamination areas were not labeled with the words “Hazardous Waste”.

The containers were labeled with the words “Hazardous Waste” during the inspection.

p. 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, three satellite containers in the gelcoat, chop, and lamination areas were not marked with the indication of their hazards.

Documentation of the three satellite containers in the gelcoat, chop, and lamination areas marked with the indication of their hazards submitted.

q. Pursuant to 40 CFR 262.15(a)(8), all satellite accumulation areas operated by a large quantity generator must meet the Preparedness, Prevention and Emergency Procedures in subpart M of this part.

As noted during the inspection, satellite accumulation areas were not maintained and operated to minimize the possibility of releases, lacked required aisle space, lacked required spill equipment, and the content of the contingency plan was inadequate.

Documentation of spill response equipment placed in 90-day accumulation area and adequate aisle space submitted.

r. Pursuant to 40 CFR 260.42(a), facilities managing hazardous secondary materials under §§260.30, 261.4(a)(23) or 261.4(a)(27) must send a notification prior to operating under the regulatory provision and by March 1 of each even-numbered year thereafter to IDEM using EPA Form 8700-12 that includes the information required in this paragraph;

(b) If a facility managing hazardous secondary materials has submitted a notification, but then subsequently stops managing hazardous secondary materials in accordance with the regulation(s) listed above, the facility must notify IDEM within thirty (30) days using EPA Form 8700-12. For purposes of this section, a facility has stopped managing hazardous secondary materials if the facility no longer generates, manages and/or reclaims hazardous secondary materials under the regulations above and does not expect to manage any amount of hazardous secondary materials for at least 1 year.

As noted during the inspection, Respondent did not submit the required notification in 2022 for managing hazardous secondary materials (“HSM”) (spent acetone) in 2022.

Respondent submitted notification of HSM activity on August 25, 2022.

s. Pursuant to 40 CFR 261.4(a)(23)(ii)(F) referencing 40 CFR 261.400(a), a generator of hazardous secondary material, or an intermediate facility that accumulates 6000 kg or less of hazardous secondary material at any time must comply with 261.410 and 261.411.

Pursuant to 40 CFR 261.4(a)(23)(ii)(F) referencing 40 CFR 261.410(b), all facilities generating or accumulating hazardous secondary materials must be equipped with the following, unless none of the hazards posed by hazardous secondary material handled at the facility could require a particular kind of equipment specified below:

(1) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(2) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;

(3) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

(4) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

Pursuant to 40 CFR 261.4(a)(23)(ii)(F) referencing 40 CFR 261.410(e), the hazardous secondary material generator or intermediate facility must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

As noted during the inspection, Respondent did not have spill control equipment to be used in areas where HSM is accumulated. Respondent had spill equipment; however, it was stored in a separate building, to the north, across Holiday Street. Additionally, Respondent did not have adequate aisle space in the area where HSM is accumulated to allow for unobstructed movement of personnel or equipment required to respond to spills, etc.

Documentation of spill response equipment placed in areas where HSM is accumulated and adequate aisle space submitted.

t. Pursuant to 40 CFR 261.4(a)(23)(ii)(F) referencing 40 CFR 261.411(b), the generator or intermediate must post the following information next to the telephone: (1) The name and telephone number of the emergency coordinator; (2) Location of fire extinguishers and spill control material, and, if present, fire alarm; and (3) The telephone number of the fire department, unless the facility has a direct alarm or in areas directly involved in the generation and accumulation of hazardous waste: (A) The name and phone number of the emergency coordinator; (B) Location of fire extinguishers and spill control material, and, if present, fire alarm; and (C) The telephone number of the fire department, unless the facility has a direct alarm.

Pursuant to 40 CFR 261.4(a)(23)(ii)(F) referencing 40 CFR 261.411(c), the generator or an intermediate facility 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 did not have the required emergency contact information posted. Facility personnel also did not have the required training for the management of HSM.

Documentation of required emergency contact information posted and training for management of HSM submitted.

u. Pursuant to 40 CFR 273.13, universal waste handler must contain wastes in containers that are in good condition, compatible with the waste, closed, and lack evidence of leakage.

As noted during the inspection, universal waste bulbs were not properly contained.

Documentation of universal waste bulbs properly contained and labeled submitted.

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

Jodi Pisula, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirty-Four Thousand One Hundred Ninety-Five Dollars ($34,195.00). Said penalty amount shall be due and payable in two (2) monthly installments of Seventeen Thousand Ninety-Seven Dollars and Fifty Cents ($17,097.50). After this Agreed Order is adopted (signed by the Assistant Commissioner of the Office of Land Quality), Respondent shall pay the first monthly installment by the due date printed on the Invoice that will be attached to the adopted Agreed Order. Respondent shall pay by the due date printed on subsequent invoices in accordance with the agreed upon payment plan.

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”. 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

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.

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 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 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.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			LTA II Manufacturing, LLC dba Ranch Fiberglass
By:			By:
	Jennifer Reno, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:			Date:
			COUNSEL FOR RESPONDENT:
			By:
			Printed:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed 1/9/2023
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality