STATE OF INDIANA

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SS:

BEFORE THE INDIANA DEPARTMENT OF

 

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COUNTY OF MARION

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ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

 

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)

 

Complainant,

 

)

 

 

 

)

 

 

v.

 

)

Case No. 2022-29113-H

 

 

)

 

TRUCK ACCESSORIES GROUP, 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.

 

1.               Respondent is Truck Accessories Group, LLC, which operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IND056041213, located at 58288 Ventura Drive, in Elkhart, Elkhart County, Indiana (“Site”).

 

2.               IDEM has jurisdiction over the parties and the subject matter of this action.

 

3.               Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:

 

Bert Worrell, Director of OPS

Corporation Service Company, Registered Agent

Truck Accessories Group, LLC

Truck Accessories Group, LLC

58288 Ventura Drive

135 North Pennsylvania Street, Suite 1610

Elkhart, IN 46517

Indianapolis, IN 46204

bworrell@truckgroup.com

 

 

4.               Respondent notified EPA of Large Quantity Generator activities on February 8, 2022.

 

5.               Truck Accessories Group Midwest (TAG) manufactures truck caps and tonneau covers.

 

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.

 

6.               During an investigation including an inspection and a record review on November 29, 2022 conducted by a representative of IDEM, the following violations were found:

 

a.     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 the conditions of 262.17 are met.

 

As noted during the inspection, Respondent stored hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270. Specifically, Respondent stored two hundred forty (240) 1-gallon containers of D002 hazardous waste for seventy-nine (79) days beyond 90 days and fifty (50) 1-gallon containers of D001 hazardous waste for one hundred sixty-two days (162) days beyond 90 days.

 

b.     Pursuant to Indiana Code (“IC”) 13-30-2-1(10), a person may not engage in the operation of a hazardous waste facility without having first obtained a permit from the department.

 

Pursuant to 40 CFR 270.1(c), RCRA requires a permit for the treatment, storage, or disposal of any hazardous waste as identified or listed in 40 CFR part 261.

 

As noted during the inspection, Respondent operated a hazardous waste facility without having first obtained a permit from the department. Specifically, Respondent stored two hundred forty (240) 1-gallon containers of D002 hazardous waste for seventy-nine (79) days beyond 90 days and fifty (50) 1-gallon containers of D001 hazardous waste for one hundred sixty-two days (162) days beyond 90 days.

 

c.     Pursuant to 40 CFR 273.13, a 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, waste fluorescent lamps were stored open, without a container in good condition in the maintenance area.

 

d.     Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.”

 

As noted during the inspection, one (1) 350-gallon container was stored without the label “Used Oil.”

 

e.     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, one (1) 55-gallon container of D001 hazardous waste was stored without the words “Hazardous Waste” in the Aerosol Puncture Area. One (1) 10-gallon container of D001 and F003 hazardous waste was stored without the words “Hazardous Waste” in the Final Finish Area.

 

f.       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, one (1) 55-gallon drum of D001 hazardous waste was stored without the indication of being hazardous waste in the Aerosol Puncture Area. One (1) 10-gallon container of D001 and F003 hazardous waste was stored without the indication of a hazard label in the Final Finish Area. One (1) 55-gallon container of D001 and F003 hazardous waste was stored without the indication of hazardous waste in the Rags Waste Area.

 

g.     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, fifty (50) 1-gallon containers of D001 hazardous waste were stored without the words “Hazardous Waste.”

 

h.     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 (1) 55-gallon container of D001, F003, F005 hazardous waste and fifty (50) 1-gallon containers of D001 hazardous waste were stored without the indication of hazard label.

 

i.       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, fifty (50) 1-gallon containers of hazardous waste “Expired Chemlease Mold Cleaner” (D001) was stored without the accumulation start date.

 

j.       Pursuant to 329 IAC 3.1-16-2(4), each lamp or a container or package in which such lamps are contained must be labeled or marked clearly with the phrase “Universal Waste-Lamp(s)” or “Waste Lamp(s)” or “Used Lamp(s)” or with other words that accurately identify the universal waste lamps.

 

As noted during the inspection, waste fluorescent lamps were stored without the phrase “Universal Waste- Lamp(s)” or “Waste Lamp(s)” or “Used Lamp(s)”.

 

k.     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, hazardous waste containers were observed in rusted and poor condition.

 

l.       Pursuant to 40 CFR 262.17(a)(6) referencing 262.256(a), a large quantity generator must attempt to make arrangements with local emergency authorities to familiarize them with the facility.

 

As noted during the inspection, an attempt to make arrangements with local authorities regarding hazardous waste types and quantities were not made.

 

m.   Pursuant to 40 CFR 262.17(a)(7)(ii), facility personnel must complete the program required in paragraph (a)(7)(1) of this section within six months after the date of their employment or assignment to the facility, whichever is later. Employees must not work in unsupervised positions until they have completed the training standards of paragraph (a)(7)(i) of this section.

 

As noted during the inspection, the appointed emergency coordinators did not have their personal training completed.

 

n.     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:

 

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

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

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

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

                                   v.          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.

                                  vi.          The locations of water supply.

                                vii.          The identification of on-site notification systems; and

                               viii.          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 did not have a Contingency Plan Quick Reference Guide developed.

 

7.               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 ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 262.17, IC 13-30-2-1(10), and 40 CFR 270.1(c). Specifically, Respondent shall not accumulate hazardous waste for more than 90 days in generator accumulation areas unless an extension has been granted to the timeframe.

 

4.               Within ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 273.13. Specifically, ensure in the future universal waste fluorescent bulbs are properly accumulated in containers in good condition, closed, and lack evidence of leakage.

 

5.               Within ten (10) days of the Effective Date, Respondent shall comply with 329 IAC 13-4-3(d). Specifically, Respondent shall label all used oil containers and above ground tanks with the words “Used Oil.”

 

6.               Within then (10) days of the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.15(a)(5)(i). Specifically, Respondent shall mark or label hazardous waste satellite containers with the words “Hazardous Waste.”

 

7.               Within ten (10) days of the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.15(a)(5)(ii). Specifically, Respondent shall mark or label hazardous waste satellite containers with the indication of hazard.

 

8.               Within ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(A). Specifically, Respondent shall mark or label all hazardous waste containers with the words “Hazardous Waste.”

 

9.               Within ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B). Specifically, Respondent shall mark or label all hazardous waste containers with the indication of the hazards of the contents.

 

10.            Within ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(C). Specifically, Respondent shall mark or label all hazardous waste containers with the accumulation start date.

 

11.            Within ten (10) days of the Effective Date, Respondent shall comply with 329 IAC 3.1-16-2(4).  Specifically, Respondent shall label or mark clearly each lamp or a container or package of fluorescent bulbs with the phrase “Universal Waste-Lamp(s)” or “Waste Lamp(s)” or “Used Lamp(s)” or with other words that accurately identify the universal waste lamps.

 

12.            Within ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(1)(v). Specifically, Respondent shall immediately begin conducting weekly inspections of the central accumulation areas.

 

13.            Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(a).  Specifically, Respondent shall attempt to make arrangements with local emergency authorities to familiarize them with the facility.

 

14.            Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7)(ii). Specifically, Respondent shall submit documentation to IDEM of completed personnel training for those employees (including Steve Fussel and Bert Worrell) managing hazardous waste.

 

15.            Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.262(b).  Specifically, Respondent shall create a quick reference guide and submit it to the local emergency responders and IDEM as long as Respondent remains a large quantity generator of hazardous waste.

 

16.            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

 

17.            Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty-Two Thousand Two Hundred Dollars ($22,200). 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.

 

18.            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

$100 per week

Order paragraph #4

$100 per week

Order paragraph #5

$100 per week

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 #10

$100 per week

Order paragraph #11

$100 per week

Order paragraph #12

$100 per week

Order paragraph #13

$100 per week

Order paragraph #14

$100 per week

Order paragraph #15

$100 per week

 

19.            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.

 

20.            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 17, above.

 

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

 

22.            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.

 

23.            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.

 

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

 

25.            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.

 

26.            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.

 

27.            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.

 

28.            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.

 

29.            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.

 

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

 

 

 

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

 

 

TECHNICAL RECOMMENDATION:

Department of Environmental Management

RESPONDENT:

 

 

 

 

By:

 

 

By:

 

 

Jennifer Reno, Chief

Printed:

 

 

Land Enforcement Section

Title:

 

 

Compliance Branch

 

 

 

Office of Land Quality

 

 

Date:

 

3/14/2023

 

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 4/14/2023

 

 

 

 

 

 

 

Peggy Dorsey

 

 

Assistant Commissioner

 

 

Office of Land Quality