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. 2022-28768-H
					)
doble engineering company,					)
					)
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 Doble Engineering Company, which owns/operates the facility, with EPA ID No. INR000143610, located at 3902 Hanna Circle, Suite D, in Indianapolis, Marion 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, on August 31, 2022, IDEM issued a Notice of Violation (“NOV”) via Certified Mail:

B. H. Sayler, President	Corporation Service Company, Registered Agent
Doble Engineering Company	Doble Engineering Company
85 Walnut Street	135 North Pennsylvania Street, Suite 1610
Watertown, MA 02472	Indianapolis, IN 46204

5. Respondent notified EPA of Very Small Quantity Generator activities on February 21, 2017.

6. 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.

7. During an investigation including an inspection on June 22, 2022, conducted by a representative of IDEM, the following violations were found:

a. 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 a status change to hazardous waste generator activities.

b. 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.

As noted during the inspection, Respondent notified as a very small quantity generator in 2017 but a review of hazardous waste manifests for the years 2019, 2020, 2021, and 2022 indicated that the facility operated as a large quantity generator during each of these years. Specifically, Respondent generated and disposed of approximately 28,660 pounds (CY 2019), 31,556 pounds (CY 2020), 28,732 pounds (CY 2021), and 4,100 pounds (CY 2022 - YTD).

c. Pursuant to IC 13-22-4-3.1(c), a person that:

(1) in any one (1) or more calendar months of a calendar year generates:

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

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

(2) accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste; or

(3) is a treatment, storage, or disposal facility;

shall, before March 1 of each year, submit to the department either the biennial report required by the United States Environmental Protection Agency concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, containing no more than a compilation of information from the Uniform Hazardous Waste Manifest form described in section 1(a) of this chapter, that summarizes the person's hazardous waste shipments during the previous calendar year.

Respondent, as a large quantity generator, failed to file Biennial Reports by March 1, 2020 (CY 2019) and March 1, 2022 (CY 2021) and Annual Report by March 1, 2021 (CY 2020).

d. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.260(a), a large quantity generator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

As noted during the inspection, Respondent, as a large quantity generator, failed to have a contingency plan.

e. 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, as a large quantity generator, failed to have a quick reference guide.

f. 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, Respondent, as a large quantity generator, did not provide personnel with initial/annual hazardous waste training.

8. On September 26, 2022, Respondent documented that the manifests dated 1/5/2019, 3/19/2019, 5/21/2019, 7/2/2019, 8/6/2019, 9/30/2019, 12/3/2019, 3/17/2020, 5/5/2020, 6/16/2020, 7/27/2020, 9/14/2020, 11/24/2020, 12/15/2020, 2/7/2021, 4/20/2021, 6/24/2021, 7/29/2021, 9/7/2021, 10/12/2021, 11/8/2021, 12/7/2021, 2/1/2022, and 4/19/2022 were corrected in the EPA Electronic Manifest to reflect non-hazardous waste streams. Respondent did not operate as a large quantity generator in 2019, 2020, 2021, or in February and April 2022.

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 statute and rules listed in the findings of fact above.

3. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.13(a) and 329 IAC 3.1-1-10. Respondent shall notify IDEM of its current hazardous waste generator activities via RCRAinfo.epa.gov. Instructions can be found here: IDEM: Managing Waste: How to Obtain a New RCRA ID Number.

4. Respondent shall comply with 40 CFR 262.17(a)(7)(i)(A). Upon (or on discovery of) a change in generator status, Respondent shall ensure compliance with 40 CFR 262 (very small quantity generator or large quantity generator requirements), which may require creation of a training program for personnel working with hazardous waste.

5. Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.260(a) and 40 CFR 262.262(b). Upon (or on discovery of) a change in generator status, Respondent shall ensure compliance with 40 CFR 262 (very small quantity generator or large quantity generator requirements), which may require creation of a Contingency Plan and a Quick Reference Guide.

6. 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 46204-2251

7. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Six Thousand Eight Hundred Dollars ($6,800). 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.” 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.

8. 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 3	$150 per week

9. 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.

10. 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 7, above.

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

12. 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.

13. 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.

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

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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, 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 10/28/2022
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality