|
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. 2023-29277-H |
|||
|
|
|
) |
|
||||
|
suzuki garphyttan
Corp., |
|
) |
|
||||
|
|
|
) |
|
||||
|
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 Suzuki Garphyttan Corp. (“Respondent”), which owns/operates the
facility with United States Environmental Protection Agency (“EPA”) ID No. INR000010132,
located at 4404 Nimitz Parkway, 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”) via certified mail to:
|
Kirk F. Manning, President |
C T Corporation System, |
|
Suzuki Garphyttan
Corp. |
Registered Agent for |
|
4404 Nimitz Parkway |
Suzuki Garphyttan
Corp. |
|
South Bend, IN 46628 |
334 North Senate Avenue |
|
|
Indianapolis, IN 46204 |
5.
Respondent
notified EPA of Very Small Quantity
Generator activities.
6. Respondent manufactures spring steel wire.
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 March 7, 2023, conducted by a representative of IDEM, the following violations were found:
a. Pursuant to 40 CFR 262.11(a): 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, Respondent did not make hazardous waste
determinations on the following waste streams, which were solid wastes
generated by Respondent:
· Wipes contaminated with brake cleaner;
· One 55-gallon container from aerosol can puncturing unit; and
· Filter press sludge cake.
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 failed to notify the
Commissioner of large quantity generator activities. Specifically, Respondent
operated as a large quantity generator of hazardous waste in 2021 without
proper notification.
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 changed generator status to
a large quantity generator in 2021. Respondent failed to submit a biennial
report by March 1, 2022.
e. 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, Respondent did not attempt to make arrangements with local authorities.
f. Pursuant
to 40 CFR 262.17(a)(6) referencing 40 CFR 262.260, a generator must have a
contingency plan for the facility.As
noted during the inspection, Respondent had not developed a contingency
plan.
g. 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 failed to develop a quick
reference guide.
h. Pursuant
to 40 CFR 262.17(a)(7)(i), (ii), (iii), and (iv),
facility personnel must complete a program of classroom instruction, online
training, or on-the-job training that teaches them to perform their duties in
compliance with the hazardous waste management rules. Employees must be trained
within six months after their date of hire and must take part in an annual
review of the initial training. 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, Respondent failed to develop and
implement a personnel training program.
i. Pursuant
to 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a), a generator must determine
if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed. With the
initial shipment of waste to each treatment, storage, or disposal facility, a
generator must send a one-time written notice to each facility receiving the
waste and place a copy in the file.
As noted during the inspection, Respondent failed to provide the
one-time written notice and place a copy in the file for hazardous waste
streams generated.
j. Pursuant
to 40 CFR 262.23(a)(3) and 40 CFR 262.40(a), the generator must retain copies
of hazardous waste manifests for a period of three (3) years from the date of
receipt of the hazardous waste by the designated facility.
As noted during the inspection, Respondent failed to retain copies of
hazardous waste manifests as required. Specifically, Respondent failed to
provide manifest 021364111 JJK.
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.
• Wipes contaminated with brake cleaner;
• One 55-gallon container from aerosol can puncturing unit; and
• Filter press sludge cake.
4. Within forty-five (45) days of the Effective Date, Respondent shall submit documentation to IDEM verifying compliance with Order #3.
5.
Upon the
Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.13. Specifically, Respondent
shall determine their generator category on a monthly basis.
6.
Upon the
Effective Date of the Agreed Order, Respondent shall comply with 329 IAC
3.1-1-10 and 329 IAC 3.1-1-13.
Specifically, Respondent shall submit an electronic notification of 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/.
7. Within thirty (30) days of completing Order #6, submit the biennial report for 2021. Obtain the forms from the contact listed below:
Matt Peterschmidt
Indiana Department of Environmental Management
Regulatory Reporting Section
100 North Senate Avenue
Indianapolis, Indiana 46204-2251
(317) 233-8901 mpetersc@idem.IN.gov
8. 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.
9. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.260. Specifically, Respondent shall develop and maintain a contingency plan for as long as Respondent remains a large quantity generator of hazardous waste.
10. 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 the 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.
11. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7)(i),(ii),(iii), and (iv). Specifically, Respondent shall maintain a personnel training program for as long as Respondent remains a large quantity generator of hazardous waste.
12. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 268.7(a). Specifically, Respondent shall determine if a hazardous waste is restricted from being land disposed and if the waste has to be treated before being land disposed. Respondent shall ensure with the initial shipment of hazardous waste (meeting or not meeting treatment standards) that a one-time written notice is sent to each treatment, storage, and disposal facility receiving the waste. Additionally, Respondent shall keep a copy of the written notice on file.
13. Within fifteen (15) days of the Effective Date, Respondent shall obtain and submit to IDEM a copy of hazardous waste manifest 021364111 JJK. Additionally, immediately upon the Effective Date, Respondent shall comply with 40 CFR 262.23(a)(3) and 40 CFR 262.40(a). Specifically, Respondent shall retain on-site copies of hazardous waste manifests for a period of three (3) years from the date of receipt of the hazardous waste by the designated facility.
14.
All
submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent
to:
|
Debbie Chesterson,
Enforcement Case Manager |
|
Office of Land Quality |
|
Indiana Department of Environmental
Management |
|
100 North Senate Avenue |
|
Indianapolis, IN 46204-2251 |
15. 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). 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.
16. 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 per week |
|
Order paragraph #6 Order paragraph #7 Order paragraph #13 |
$100 per week $100 per week $100 per week |
17. 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.
18. 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 15, above.
19. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.
20. 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.
21. 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.
22. Respondent shall ensure that all contractors, firms, and other
persons performing work under this Agreed Order comply with the terms of this
Agreed Order.
23. 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.
24. 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.
25. 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.
26. Nothing
in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties
or injuctive 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.
27. 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: |
RESPONDENT: |
|||||||||
|
Department of
Environmental Management |
||||||||||
|
|
|
|
|
|||||||
|
By: |
|
|
By: |
|
||||||
|
|
Jennifer Reno,
Chief |
Printed: |
|
|||||||
|
|
Land Enforcement
Section |
Title: |
|
|||||||
|
|
Compliance Branch |
|
|
|||||||
|
|
Office of Land
Quality |
|
|
|||||||
|
Date: |
5/25/2023 |
|
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 on 07/19/23 |
|
|
||||||
|
|
|
|||||||||
|
|
|
Peggy Dorsey |
||||||||
|
|
|
Assistant
Commissioner |
||||||||
|
|
|
Office of Land
Quality |
||||||||