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. 2024-29948-H
					)
Chase manufacturing, llc D.B.A. NATIVE HARDWOODS, INC.,					) )
					)
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 Chase Manufacturing, LLC d.b.a. Native Hardwoods, Inc. (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR000013888, located at 316 Roske Drive, in Elkhart, Elkhart 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:

Zack Nickell, Member	Tony S. Miller, Registered Agent
Chase Manufacturing, LLC d.b.a. Native Hardwoods, Inc.	Chase Manufacturing, LLC d.b.a. Native Hardwoods, Inc.
506 South Oakland Avenue	506 South Oakland Avenue
Nappanee, Indiana 46550	Nappanee, Indiana 46550

5. Respondent notified EPA of Large Quantity Generator activities on February 17, 2023.

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 January 29, 2024, conducted by a representative of IDEM, the following violations were found:

a. 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 failed to store closed, except when necessary to add or remove waste, five (5) containers of hazardous waste.

b. 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, Respondent accumulated hazardous waste on-site, without a permit, and did not label or clearly mark twelve (12) hazardous waste containers with the words "Hazardous Waste."

c. 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, Respondent accumulated hazardous waste on-site, without a permit, and did not mark twelve (12) hazardous waste containers with accumulation start dates.

d. Pursuant to 40 CFR 262.15(a)(4), a satellite accumulation container holding hazardous waste must be closed at all times during accumulation, except when adding, removing or consolidating waste.

As noted during the inspection, Respondent failed to store closed, except when necessary to add or remove waste, nine (9) satellite accumulation containers of hazardous waste.

8. 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, Respondent accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark ten (10) satellite accumulation containers with the words “Hazardous Waste.”

9. Pursuant to 40 CFR 261.4(a)(26)(i), the following materials are not solid wastes for the purpose of this part: Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided that the solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled “Excluded Solvent-Contaminated Wipes.” The containers must be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.

Pursuant to 329 IAC 3.1-6-2(13), at 40 CFR 261.4(a)(26)(i) * and 40 CFR 261.4(b)(18)(i) *, delete the phrase "Excluded Solvent-Contaminated Wipes" and substitute the phrase "'Excluded Solvent-Contaminated Wipes' or other words indicating the contents of the container".

As noted during the inspection, Respondent failed to label two (2) containers of solvent-contaminated wipes with the words “Excluded Solvent-Contaminated Wipes” or other words indicating contents of the container.

10. Pursuant to 40 CFR 261.4(a)(26)(v)(C), solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided that generators maintain at their site documentation of the description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.

As noted during the inspection, Respondent failed to maintain a written description of the process used to ensure solvent-contaminated wipes contain no free liquids at the point of transportation off-site for laundering/dry cleaning.

Respondent submitted documentation of completion on February 1, 2024.

11. 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, Respondent failed to conduct weekly inspections of the central accumulation room.

12. Pursuant to 40 CFR 262.41(b), any generator who is a large quantity generator for at least one month of an odd-numbered year (reporting year) who treats, stores, or disposes of hazardous waste on site must complete and submit EPA Form 8700–13 A/B to the Regional Administrator by March 1 of the following even-numbered year covering those wastes in accordance with the provisions of 40 CFR parts 264, 265, 266, 267 and 270. This requirement also applies to large quantity generators that receive hazardous waste from very small quantity generators pursuant to § 262.17(f).

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 failed to note that it was a recycler of hazardous waste (distillation of spent acetone flush) in its 2022 biennial report [CY2021, submitted January 25, 2022], 2021 annual report [CY2020, submitted March 29, 2021] and 2023 annual report [CY2022, submitted February 17, 2023], or include details abouts its on-site management of hazardous waste. In addition, Respondent did not include that it was a recycler of hazardous waste on its 2022 handler form as part of its 2023 annual report [CY2022, submitted February 17, 2023].

The requirement for the 2022 biennial report [CY2021, submitted January 25, 2022] and the 2021 annual report [CY2020, submitted March 29, 2021] is no longer applicable after documentation was submitted indicating that Respondent was not operating Native Hardwoods, Inc. in 2021 and 2022.

On September 3, 2024, Respondent submitted documentation that the 2023 annual report [CY2022, submitted February 17, 2023] and the 2022 handler form as part of its 2023 annual report [CY2022, submitted February 17, 2023] was updated to reflect the recycling of hazardous waste through the distillation unit.

13. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(b), the large quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.

As noted during the inspection, Respondent did not have the required documentation showing that arrangements exist or that attempts to make these arrangements were made.

Respondent submitted documentation of completion on September 10, 2024.

14. 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 did not have a contingency plan.

15. 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.

16. 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)(C) of this section.

As noted during the inspection, facility personnel had not completed the training required to perform their duties in a way that ensured compliance with 40 CFR 262.

Respondent submitted documentation of completion on September 11, 2024.

17. 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 262.17(a)(1)(iv)(A); 40 CFR 262.17(a)(5)(i)(A); 40 CFR 262.17(a)(5)(i)(C); 40 CFR 262.15(a)(4); 40 CFR 262.15(a)(5)(i); 40 CFR 261.4(a)(26)(i); and 40 CFR 262.17(a)(1)(v). Specifically, Respondent shall ensure:

a. Applicable containers are stored closed, except when necessary to add or remove waste.

b. Applicable containers are labelled/marked with the words “Hazardous Waste.”

c. Applicable containers are labelled/marked with the accumulation start dates.

d. Solvent-Contaminated wipe containers are labeled as required.

e. Weekly inspections of the Central Accumulation Area are conducted.

4. 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 comply with IDEM requests for additional information regarding the Contingency Plan submitted on February 2, 2024.

5. 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 comply with IDEM requests for additional information regarding the Quick Reference Guide submitted on February 2, 2024.

6. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Linda McClure, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

7. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty-Six Thousand Two Hundred Dollars ($26,200). 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 “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:

Indiana Department of Environmental Management

Accounts Receivable

P.O. Box 3295

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:

Paragraph	Action	Stipulated Penalty
Order paragraph # 4	Document Contingency Plan developed.	$100 per week
Order paragraph # 5	Document Quick Reference Guide developed.	$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

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management
By:			By:
	Jennifer Reno, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:	9/17/2024		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 9/27/24
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality