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STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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COUNTY OF MARION |
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ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2023-29875-H |
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crown cork & Seal
usa, inc., |
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Respondent. |
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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 Crown Cork & Seal USA, Inc. (“Respondent”), which owns/operates the
facility with United States Environmental Protection Agency (“EPA”) ID No.
IND006037857, located at 400 North Walnut Street, in Crawfordsville, Montgomery
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 February 20, 2024, IDEM issued a Notice of Violation
(“NOV”) via certified mail to:
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Alfred J. Dermody |
C T Corporation
System, Registered Agent |
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Crown Cork &
Seal USA, Inc. |
Crown Cork &
Seal USA, Inc. |
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770 Township Line
Road |
334 North Senate
Avenue |
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Yardley, PA 19067 |
Indianapolis, IN
46204 |
5.
Respondent
notified EPA of Large Quantity Generator activities on January 9, 2024.
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 December 11, 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.
Both totes were disposed of properly as
follows:
February 25, 2022. The designated facility returned the rejected tote
(2,320 lbs.) from non-hazardous manifest #233965 to Respondent on Manifest
#012526931 FLE. Respondent adjusted the pH and returned the neutralized tote to
the designated facility for disposal as a non-hazardous waste.
September 20, 2023. At the request of Respondent, the designated
facility shipped the rejected tote (2,384 lbs.) from bill of lading #329407 to
a designated facility on Manifest #018196148 FLE for proper disposition.
b. Pursuant
to 40 CFRF 262.10(a)(3), a generator shall not transport, offer its hazardous
waste for transport, or otherwise cause its hazardous waste to be sent to a
facility that is not a designated facility, as defined in § 260.10 of this
chapter, or not otherwise authorized to receive the generator's hazardous
waste.
As noted during the inspection, Respondent offered two (2) totes of
wicket wash, a D002 hazardous waste, to a designated facility not authorized to
receive the hazardous waste.
c. 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.
As noted during the inspection, Respondent failed to determine if two
(2) totes of wicket wash (D002) were restricted from land disposal and if the
waste had to be treated before being land disposed.
d. Pursuant
to 40 CFR 262.20, a generator who transports, or offers for transportation,
hazardous waste for offsite treatment, storage, or disposal, must prepare a
manifest. A generator must designate on the manifest one facility which is
permitted to handle the waste described on the manifest. A generator may
designate an alternate facility to handle his waste in the
event that an emergency prevents delivery of the waste to the primary
designated facility.
Pursuant to IC 13-30-2-1(12), a person may not cause or allow the
transportation of a hazardous waste without a manifest
if a manifest is required by law.
As noted during the inspection, on February 15, 2022
and September 12, 2023, Respondent offered hazardous waste, wicket wash (D002),
for transportation for offsite disposal without preparing a manifest.
e. Pursuant
to 329 IAC 3.1-1-13, the commissioner shall require the use of identification
numbers issued by the United States. Environmental Protection Agency (U.S.
EPA).
As noted during the inspection, Respondent failed to use its assigned
U.S. EPA ID number on Manifest # 018196148 FLE, dated September 30, 2023.
f. Pursuant to 40 CFR 262.17(a)(7)(v),
hazardous waste training records on current personnel must be kept until
closure of the facility. Records on former employees must be kept for at least
three years from the date the employee last worked at the facility.
As noted during
the inspection, Respondent did not maintain training records of hazardous waste
training for the outside contractor whose employees provide the cleaning
service for the curing oven at the Site.
8. 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.
Immediately
upon the Effective Date, Respondent shall comply with 40 CFR 262.11(a), 40 CFR
262.10(a)(3), 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a), 40 CFR 262.20,
and IC 13-30-2-1(12). Specifically, Respondent shall ensure:
a. A
hazardous waste determination in completed as required prior to shipment.
b. A manifest is used for
shipment of hazardous waste.
c. A LDR is generated as
required.
4.
Within
thirty (30) days of the Effective Date, Respondent shall comply with 329 IAC
3.1-1-13. Specifically, Respondent shall correct the EPA ID Number on Manifest
018196148FLE to reflect Respondent’s EPA ID Number. Documentation of correction
shall be submitted to IDEM.
5.
Within
thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR
262.17(a)(7)(v). Specifically, Respondent shall develop and/or maintain
personnel training records on-site for the required time. These records shall
include contractor personnel training records which are applicable to their
duties at the Site.
6.
All
submittals required by this Agreed Order, unless IDEM notifies the Respondent
otherwise in writing, shall be sent to:
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Linda McClure, Enforcement Case Manager |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
7.
Pursuant
to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twelve
Thousand Eight Hundred Dollars ($12,800). 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 “Indiana Department of Environmental Management” by:
Mail:
Civil penalties are payable by check to the “Indiana Department of
Environmental Management.” Checks shall include the Case Number of this action
and shall be mailed to:
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Indiana Department
of Environmental Management |
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Accounts
Receivable |
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P.O. Box 3295 |
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Indianapolis, IN
46206 |
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 $0.40 plus 2.06% will be
charged for credit card payments. A processing fee of $0.15 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 $0.40 plus 2.06%
will be charged for credit card payments. A processing fee of $0.15 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 a stipulated penalty in the following amount:
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Paragraph |
Stipulated Penalty |
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Order paragraph #4 |
$100 per week |
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Order paragraph #5 |
$100 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; 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.
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 “Indiana Department of Environmental Management,” 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.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department of
Environmental Management |
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By: |
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By: |
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Jennifer Reno,
Chief |
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Land Enforcement
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Compliance Branch |
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Office of Land
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Date: |
3/19/2024 |
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COUNSEL FOR
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APPROVED AND
ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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For the Commissioner: |
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Signed 3/27/2024 |
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Peggy Dorsey |
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Assistant
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Office of Land
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