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. 2024-30050-H

 

 

)

 

amsive ilin 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.

 

2.                  Respondent is Amsive Ilin LLC (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR000134098, located at 1701 Northwind Parkway, in Hobart, Lake 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:

 

Brad Moore, CEO

Amsive Ilin LLC

Cogency Global Inc., Registered Agent for Amsive Ilin LLC

605 Territorial Drive, Unit A

Bolingbrook, IL 60440-4648

150 West Market Street, Suite 400

Indianapolis, IN 46204

 

5.                  Respondent notified EPA of Small Quantity Generator activities.

 

6.                  Respondent is a large format printing facility.

 

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 November 28, 2023, conducted by a representative of IDEM, the following violations were found:

 

a.                   Pursuant to 40 CFR 262.11(a), the hazardous waste determination for each solid waste must be made at the point of waste generation.

 

As noted during the inspection, Respondent did not make hazardous waste determinations on the following waste streams located in the central accumulation area (“CAA”):

·         Containers of Color+ Flushing Solution and Recovery Solution located in a fire cabinet.

·         Numerous containers of 3M Prep Solvent-70 located in a fire cabinet.

·         Two (2) cardboard boxes containing various paints and stains.

·         A 5-gallon pail of drywall material.

·         Three (3) smaller containers of unlabeled waste.

·         A 5-gallon bucket of unknown waste.

·         A cardboard box that was full of various aerosol cans.

 

On February 15, 2024, Respondent submitted waste determinations for each of the waste streams listed above.

 

b.                  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 the following hazardous waste in containers at or near the point of generation without a permit and did not properly mark satellite accumulation containers with the words “Hazardous Waste”:

·         LED Printer – 5 gallons.

·         LED Printer - Fire pail for cleaning rags.

·         UV Printer #1 – 1.75 gallons.

·         UV Printer #1 - Fire pail for cleaning rags.

·         UV Printer #2 – 5 gallons.

·         UV Printer #2 - Fire pail for cleaning rags.

·         UV Mesh Unit – 1.75 gallons.

·         UV Mesh Unit - Fire pail for cleaning rags.

·         UV Mesh Unit - Fire pail for roll cloth.

·         Pre-Press Room - Fire pail for cleaning rags.

·         Lamination Area - Fire pail for cleaning rags.

·         Shutterfly Area - Fire pail for cleaning rags.

 

Respondent submitted photographic documentation of the following containers marked as “Hazardous Waste”:

·         LED Printer - Fire pail for cleaning rags

·         UV Printer #1 - Fire pail for cleaning rags

·         UV Printer #2 - Fire pail for cleaning rags

·         UV Mesh Unit - Fire pail for cleaning rags

·         UV Mesh Unit - Fire pail for roll cloth

 

On September 6, 2024, Respondent submitted photographic documentation of the following containers marked as “Hazardous Waste”:

·         Pre-Press Room - Fire pail for cleaning rags.

·         Lamination Area - Fire pail for cleaning rags.

·         Shutterfly Area - Fire pail for cleaning rags.

 

c.                   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, Respondent accumulated the following hazardous waste in containers at or near the point of generation without a permit and did not properly mark satellite accumulation containers with an indication of the hazards of the contents:

·         LED Printer – 5 gallons.

·         LED Printer - Fire pail for cleaning rags.

·         UV Printer #1 – 1.75 gallons.

·         UV Printer #1 - Fire pail for cleaning rags.

·         UV Printer #2 – 5 gallons.

·         UV Printer #2 - Fire pail for cleaning rags.

·         UV Mesh Unit – 1.75 gallons.

·         UV Mesh Unit - Fire pail for cleaning rags.

·         UV Mesh Unit - Fire pail for roll cloth.

·         Pre-Press Room - Fire pail for cleaning rags.

·         Lamination Area - Fire pail for cleaning rags.

·         Shutterfly Area - Fire pail for cleaning rags.

 

Respondent submitted photographic documentation of the following containers marked with an indication of the hazards of the contents:

·         LED Printer - Fire pail for cleaning rags.

·         UV Printer #1 - Fire pail for cleaning rags.

·         UV Printer #2 - Fire pail for cleaning rags.

·         UV Mesh Unit - Fire pail for cleaning rags.

·         UV Mesh Unit - Fire pail for roll cloth.

On September 6, 2024, Respondent submitted photographic documentation of the following containers marked with an indication of the hazards of the contents:

·         Pre-Press Room - Fire pail for cleaning rags.

·         Lamination Area - Fire pail for cleaning rags.

·         Shutterfly Area - Fire pail for cleaning rags.

 

d.                  Pursuant to 40 CFR 262.16(b)(2)(iv), at least weekly, the small quantity generator must inspect central accumulation areas. The small quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors.

 

As noted during the inspection, no records or other evidence were provided to demonstrate that Respondent conducted weekly inspections after the week of September 3, 2023.

 

e.                   Pursuant to 40 CFR 262.16(b)(6)(i)(A), a small quantity generator may accumulate hazardous waste on-site for 180 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 failed to mark three (3) bags of flammable solid hazardous waste located in a fire cabinet in the CAA with the words “Hazardous Waste.”

 

Respondent submitted photographic documentation of the three (3) bags of flammable solid hazardous waste located in a fire cabinet in the CAA marked as “Hazardous Waste.”

 

f.                    Pursuant to 40 CFR 262.16(b)(6)(i)(B), a small quantity generator may accumulate hazardous waste on-site for 180 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, Respondent accumulated hazardous waste on-site, without a permit, and failed to clearly mark three (3) bags of flammable solid hazardous waste located in a fire cabinet in the CAA with an indication of the hazards of the contents.

 

Respondent submitted photographic documentation of the three (3) bags of flammable solid hazardous waste located in a fire cabinet in the CAA marked with an indication of the hazards of the contents.

 

g.                  Pursuant to 40 CFR 262.16(b)(6)(i)(C), a small quantity generator may accumulate hazardous waste on-site for 180 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 failed to clearly mark five (5) 55-gallon drums of D001/F003/F005, three (3) bags of flammable solid hazardous waste, one (1) 55-gallon drum containing flammable solids, and one (1) 55-gallon drum container flammable liquids with accumulation start dates.

 

Respondent submitted photographic documentation of all ten (10) containers of hazardous waste marked with the accumulation start date.

 

h.                  Pursuant to 40 CFR 262.16(b)(8)(vi)(A), the small quantity generator must attempt to make arrangements with local emergency authorities to familiarize them with the facility.

 

As noted during the inspection, no records or other evidence were provided to demonstrate that Respondent attempted to make these arrangements with local emergency authorities.

 

Respondent submitted documentation of attempted arrangements with local emergency authorities.

 

i.                    Pursuant to 40 CFR 262.16(b)(9)(ii), the small quantity generator must post the following information next to the telephone or in areas directly involved in the generation and accumulation of hazardous waste: (1) the name and phone number of the emergency coordinator; (2) location of fire extinguishers and spill control material and, if present, fire alarm; (3) the telephone number of the fire department, unless the facility has a direct alarm.

 

As noted during the inspection, Respondent failed to post the required information next to the telephone. Specifically, Respondent did not have the required posting near any of the areas that are directly involved in the generation of hazardous waste. In the CAA, the posting included the numbers to the fire department, but failed to list emergency coordinator information and the location of fire extinguishers, spill control material, and fire alarms.

 

Respondent submitted photographic documentation of the required information posted next to the telephone.

 

j.                    Pursuant to 40 CFR 262.16(b)(9)(iii), a small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.

 

As noted during the inspection, no records or other evidence were provided to demonstrate that Respondent ensured that all employees are thoroughly familiar with proper waste handling.

 

k.                  Pursuant to 329 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 failed to notify the Commissioner of hazardous waste storage activities. On February 15, 2024, Respondent submitted waste determinations for several containers identified during the inspection. The containers of hazardous waste had been stored on-site for approximately eight (8) months.

 

l.          Pursuant to 40 CFR 262.16(a) and (b), a generator who generates greater than 100 kilograms but less than 1000 kilograms of non-acute hazardous waste in a calendar month and who accumulates hazardous waste on site for more than 180 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270 unless granted an extension to the 180 day period.

 

As noted during the inspection, Respondent stored hazardous waste on-site for greater than 180 days without complying with 40 CFR Part 264 and 40 CFR Part 270. On February 15, 2024, Respondent submitted waste determinations for several containers identified during the inspection. The containers of hazardous waste had been stored on-site for approximately eight (8) months.

 

m.        Pursuant to 40 CFR 270.1(c), a permit is required for the treatment, storage, and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.

 

As noted during the inspection, Respondent stored hazardous waste identified or listed in 40 CFR Part 261 without a permit. On February 15, 2024, Respondent submitted waste determinations for several containers identified during the inspection. The containers of hazardous waste had been stored on-site for approximately eight (8) months.

 

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

 

As noted during the inspection, Respondent operated a hazardous waste facility without having first obtained a permit from the department. On February 15, 2024, Respondent submitted waste determinations for several containers identified during the inspection. The containers of hazardous waste had been stored on-site for approximately eight (8) months.

 

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 rules listed in the findings of fact above.

 

3.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall ensure that a proper waste determination is made for all solid waste at the point of generation. If the waste is hazardous, it shall be managed according to the applicable regulations.

 

4.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(i) and 40 CFR 262.16(b)(6)(i)(A). Specifically, Respondent shall mark all satellite and generator accumulation containers with the words “Hazardous Waste.”

 

5.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(ii) and 40 CFR 262.16(b)(6)(i)(B). Specifically, Respondent shall mark or label its satellite hazardous waste containers and generator accumulation containers with an indication of the hazards of the contents.

 

6.                  Within thirty (30) days of the Effective Date, Respondent shall submit to IDEM photographic documentation of the following seven (7) satellite accumulation containers marked with the words “Hazardous Waste” and with an indication of the hazards of the contents:

 

·         LED Printer – 5 gallons.

·         UV Printer #1 – 1.75 gallons.

·         UV Printer #2 – 5 gallons.

·         UV Mesh Unit – 1.75 gallons.

 

7.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.16(b)(2)(iv). Specifically, Respondent shall inspect central accumulation areas on a weekly basis.

 

8.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.16(b)(6)(i)(C). Specifically, Respondent will mark hazardous waste accumulation containers with the accumulation start date.

 

9.                  Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.16(b)(9)(iii). Specifically, Respondent shall ensure that all employees are thoroughly familiar with waste handling and emergency procedures.

 

10.              Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.16(a)-(b), IC 13-30-2-1(10), and 40 CFR 270.1(c). Specifically, Respondent shall not store hazardous waste on-site for greater than 180 days for as long as Respondent remains a small quantity generator.

 

11.              Within ninety (90) days of the Effective Date, Respondent shall submit to IDEM hazardous waste manifests documenting the removal of all containers of hazardous waste stored beyond 180 days.

 

12.              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

 

13.              Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirteen Thousand Eight Hundred Dollars ($13,800). 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.

 

The civil penalty is 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.

 

14.              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

Stipulated Penalty

Order paragraph 6

$100 per week

Order paragraph 11

$100 per week

 

15.              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.

 

16.              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 13, above.

 

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

 

18.              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.

 

19.              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.

 

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

 

21.              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.

 

22.              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.

 

23.              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.

 

24.              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.

 

25.              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.

 

26.              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:

 

9/30/2024

 

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 on 11/07/24

 

 

 

 

 

 

 

Brian Wolff

 

 

Assistant Commissioner

 

 

Office of Land Quality