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. 2022-29001-H
					)
SCHNEIDER ELECTRIC USA, INC. FORMER					)
SQUARE D 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 Schneider Electric USA, Inc., formerly Square D Company, (“Respondent”), which owns the facility with United States Environmental Protection Agency (“EPA”) ID No. IND005446547 located at 252 N. Tippecanoe Street, in Peru, Miami 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:

Annette Clayton, President of

Schneider Electric USA, Inc. former Square D Company

One Boston Place, Suite 2700

Boston, Massachusetts 01810

Corporation Service Company, Registered Agent for

Schneider Electric USA, Inc. former Square D Company

135 N. Pennsylvania Street, Suite 1610

Indianapolis, Indiana 46204

5. Respondent last notified EPA of Very Small Quantity Generator activities on February 22, 2004.

6. Respondent was a manufacturing facility producing electrical panels. Activities also included metal fabrication, welding, and painting. The facility closed in 2020.

7. 329 Indiana Administrative Code (“IAC”) 3.1 incorporates federal hazardous waste management requirements found in Title 40 of the 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 29, 2022, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 Code of Federal Regulations (“CFR”) 262.11, 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, waste determinations have either not been made or were not provided for the following:

1. Waste (soil/sludge/debris) stored onsite in roll-off.

2. Wastewater from SVE system, stored in 7,000-gallon E Tank at time of inspection.

3. Investigation Derived Waste (IDW) – purge water and soil cuttings. Per the facility representative, >50, 55-gallon drums of IDW were shipped offsite prior to the inspection, some were shipped the day before the inspection. No records were provided for the waste.

4. Carbon filter media. Unknown if the carbon filter media for the SVE system had been replaced yet. The system has been in operation since before Respondent submitted their application to the IDEM VRP Program in December of 2021.

5. 25-30 industrial batteries stored at northwest dock area.

Subsequent to the inspection, waste determinations on items 1, 2, 3, and 5 were conducted and determined not to meet hazardous waste listings or characteristics. Spent filter media has not yet been generated.

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 operated as a large quantity generator (“LQG”) in April 2020 without updating their change in generator status.

c. 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 in April 2020 and did not notify the commissioner of its activities.

d. 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, Respondent operated in April 2020 as a LQG and did not submit the required annual report.

e. 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 did not develop a contingency plan as required for LQGs.

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 did not have the required hazardous waste training documentation for those employees that managed hazardous waste.

g. Pursuant to 40 CFR 262.17(a)(8)(ii)(A), A large quantity generator must notify IDEM using form 8700-12 no later than 30 days prior to closing the facility.

Pursuant to 40 CFR 262.17(a)(8)(ii)(B), A large quantity generator must notify IDEM using form 8700-12 within 90 days after closing the facility that it has complied with the closure performance standards of paragraph (a)(8)(iii) or (iv) of this section.

As noted during the inspection, Respondent ceased operations at the facility in May 2020, and failed to notify IDEM of the facility closure requirements.

9. Complainant acknowledges that the final violations by Respondent are not related to the handling and disposal of hazardous waste but rather to other requirements surrounding hazardous waste management.

10. 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 in the findings of fact above.

3. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.11(a). Specifically, Respondent shall conduct waste determinations on any newly generated waste stream at the point of generation.

4. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.13. Specifically, Respondent shall determine their generator category on a monthly basis.

5. Within thirty (30) days of the Effective Date, Respondent shall comply with 329 IAC 3.1-1-10. Specifically, Respondent shall submit an electronic notification of current generator activities in the myRCRAid module of RCRAInfo. Instructions can be found here: https://www.in.gov/idem/waste/waste-industries/waste-transportation/how-to-obtain-a-new-rcra-id-number/.

6. Within thirty (30) days of the Effective Date, Respondent shall submit the annual manifest report for 2020. The Annual Report for 2020 hazardous waste activity must be submitted electronically via the Annual Report module in RCRAInfo. Instructions can be found here: https://www.in.gov/idem/waste/resources/applications-and-forms/annual-report-and-biennial-report/.

7. Respondent shall ensure compliance with 40 CFR 262 related to Respondent’s generator status, to include implementation of a training program for personnel working with hazardous waste if necessary.

8. Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.260(a). Upon or on discovery of a change in generator status, Respondent shall ensure compliance with 40 CFR 262 related to Respondent's generator status, to include a creation of a Contingency Plan.

9. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(8)(ii)(B). Specifically, Respondent shall submit electronic notification of closure activities in the myRCRAid module of RCRAInfo.

10. 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

11. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Nine Thousand Two Hundred Dollars ($9,200.00). After this Agreed Order is adopted (signed by the Assistant Commissioner of the Office of Land Quality), Respondent shall pay by the due date printed on the Invoice that will be attached to the adopted Agreed Order.

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.

12. 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
Order paragraph #5	$100.00 per week
Order paragraph #6	$100.00 per week
Order paragraph #9	$100.00 per week

13. Stipulated penalties shall be due and payable after Respondent receives written notice that Complainant has determined a stipulated penalty is due; at which time, a separate invoice will be issued. 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.

14. 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 11, above.

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

16. 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.

17. 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.

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

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

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

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Schneider Electric USA, Inc. former Square D Company
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 2/17/2023
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality