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. 2022-28785-H
					)
GTA CONTAINERS, 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 GTA Containers, LLC (“Respondent”), which operates the company with United States Environmental Protection Agency (“EPA”) ID No. INR000107060, located at 4201 Linden Avenue, in South Bend, St. Joseph 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”) on November 10, 2022 via Certified Mail to:

Yatish Joshi, Owner and Registered Agent for

GTA Containers, LLC

4201 Linden Avenue

South Bend, Indiana 4619

5. Respondent notified EPA of Large Quantity Generator activities on January 21, 2022.

6. Respondent is a manufacturer of collapsible containers (drums and pillow tanks) made out of polyurethane PVC and nitrile or neoprene rubber coated with nylon or polyester to handle temporary storage transport and delivery of drinking water, fuel, liquid food products, and fluid solids (grains, rice, etc.).

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 24, 2022 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 Code of Federal Regulations (“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 operated as a large quantity generator (“LQG”) in 2020 and did not notify IDEM of the change in category status.

Respondent notified on January 21, 2022 the change in generator status.

b. 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 operated as a LQG of hazardous waste (D001, D035, F005) in 2020 and did not notify the commissioner of their activities.

Respondent notified January 21, 2022 of their LQG activities.

c. Pursuant to Indiana Code (“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, Respondent operated in 2020 as a LQG and did not submit the required report in 2021.

Respondent submitted the required report in January 2022.

d. 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, Respondent stored four 55-gallon drums and one 5-gallon pail containing hazardous waste (D001, D035, F005) open.

Respondent closed the containers at the time of the inspection.

e. 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, required weekly inspections of the <90-day accumulation area was not conducted.

Documentation of weekly inspections submitted November 14, 2022 and December 6, 2022.

f. 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 5-gallon pail containing hazardous waste (D001, D035, F005) was not marked with the words “Hazardous Waste”.

Documentation of 5-gallon pail containing words “Hazardous Waste” submitted on December 12, 2022.

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 55-gallon drum containing hazardous waste (D001, D035, F005) and stored in the <90-day accumulation area was not marked with the accumulation start date.

Documentation of 55-gallon drum stored in <90-day area labeled with accumulation start date and work instruction sheet submitted November 14, 2022 and December 6, 2022.

h. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.252, all areas where hazardous waste is either generated or accumulated by a large quantity generator must be equipped with the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below: (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 handheld 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 an adequate volume and pressure to supply water hose streams, or foam equipment, or automatic sprinklers, or water spray systems.

As noted during the inspection, the facility did not provide a means of communication in case of emergency in the <90-day accumulation area. Facility representatives stated anyone working in that area would contact others in the assembly area (Building 2) by voice; however, the assembly room/Building 2 is large and the <90-day storage area is in the far corner of the building; other employees are not always within hearing distance.

Documentation and photo of phone installed, and emergency numbers listed as well as new fire alarm and sprinklers submitted November 14, 2022.

i. 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 facility has an Emergency Preparedness Plan; however, the plan does not include all of the information required in a RCRA contingency plan. The plan was last updated 10/22/19 and was prepared by an employee who is no longer employed at the facility. Facility representatives were not familiar with documents that describe responses to emergencies referenced in the plan. Evacuation maps were not included, and maps posted at the facility were not current. The facilities manager stated that employees know what to do through “common knowledge”, but the facility does not conduct an annual review of required training.

Documentation of updated Contingency plan and QRG with updated evacuation map submitted. December 6, 2022.

j. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.264, at all times there must be at least one employee either at the facility or on call with responsibility for coordinating emergency response measures.

As noted during the inspection, based on the Emergency Preparedness Plan, it is not clear that emergency coordinators have the authority to commit resources needed to carry out the implementation of the required contingency plan.

Documentation of Jim Neal listed as emergency coordinator submitted November 14, 2022. Additional documentation that emergency coordinator has authority to expend funds necessary to deal with emergencies submitted December 6, 2022.

k. Pursuant to 40 CFR 262.17(a)(7)(iii), facility personnel must take part in an annual review of the initial training required in paragraph (a)(7)(i) of this section.

As noted during the inspection, initial training is on-the-job; however, required annual review of the training is not conducted.

Documentation of training attendance sheets and power point slide of training submitted November 14, 2022 and December 12, 2022.

l. 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, the facility did not maintain documentation of the required training.

m. Pursuant to 40 CFR 262.15(a)(4), a container holding hazardous waste must be closed at all times during accumulation, except: when adding, removing, or consolidating waste; or when temporary venting of a container is necessary for the proper operation of equipment, or to prevent dangerous situations, such as build-up of extreme pressure.

As noted during the inspection, one 5-gallon satellite drum containing hazardous waste (D001, D035, F005) was stored open.

Respondent closed the satellite container at the time of the inspection.

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. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7)(iv). Specifically, Respondent shall maintain on-site documentation of required personnel training.

4. 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

5. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Nine Thousand Dollars ($9,000.00). Said penalty amount shall be due and payable in six (6) monthly installments of One Thousand Five Hundred Dollars ($1,500.00). Respondent shall pay the first 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.

6. 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 #4	$100.00 per week

7. 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.

8. 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 5, above.

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

10. 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.

11. 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.

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

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			GTA Containers, LLC
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 2/2/2023
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality