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. 2024-30135-H
					)
INDIANA GALVANIZING, 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 Indiana Galvanizing, LLC (“Respondent”), which operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR000138586, located at 51702 Lovejoy Drive, in Middlebury, 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:

Indiana Galvanizing, LLC	Indiana Galvanizing, LLC	Northwest Registered Agent, LLC
51702 Lovejoy Drive	8235 Forsyth Boulevard	Registered Agent for Indiana
Middlebury, IN 46540	Suite 700	Galvanizing, LLC
	Saint Louis, MO 63105	5534 Saint Joe Road
		Fort Wayne, IN 46835

5. Respondent notified EPA of Large Quantity Generator activities on January 4, 2024.

6. Respondent operates a metal parts galvanizing 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 March 11, 2024, conducted by a representative of IDEM, the following violations were found:

a. 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 determine its Large Quantity Generator (“LQG”) category in 2023 and 2021. Respondent notified as “Not a Generator” as of February 25, 2022. In the calendar year 2023, Respondent generated and shipped 15,200 lbs. of hazardous waste. On January 4, 2024, Respondent reported its highest status in 2023 as LQG. Respondent did not determine its correct generator category at any time in 2023.

Additionally, Respondent notified as “Not a Generator” as of 2020. In the calendar year 2021, Respondent generated and shipped 393,939 lbs. of hazardous waste. On February 25, 2022, Respondent reported its highest status in 2021 on February 25, 2022. Respondent did not determine its correct generator category at any time in 2021.

b. 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 activities subject to this article on forms provided by the commissioner unless the activity is exempt from the notification requirements for very small quantity generators under 329 IAC 3.1-6.

As noted during the inspection, Respondent failed to notify the commissioner of LQG hazardous waste activities in 2021 and 2023.

c. Pursuant to IC 13-22-4-3.1(c), a hazardous waste LQG, i.e., a person that generates, in any 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 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, 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 from “Not a Generator” of hazardous waste to a LQG of hazardous waste during the years 2021 and 2022. Respondent failed to submit an annual manifest report for the years 2020 and 2022.

d. Pursuant to 40 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 of the conditions in 262.17 are met. (a) A large quantity generator accumulates hazardous waste on site for no more than 90 days, unless in compliance with the accumulation time limit extension or F006 accumulation conditions for exemption in paragraphs (b) through (e) of this section.

As noted during the inspection, Respondent had stored ten (10) containers of hazardous waste in the central accumulation area on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270.

e. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), 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.

f. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter or owner or operator of a hazardous waste storage facility shall notify the Commissioner of such activities on forms provided by the Commissioner.

As noted during the inspection, Respondent failed to notify the Commissioner of hazardous waste storage activities.

g. 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 areas.

h. Pursuant to 40 CFR 262.17(a)(5)(i)(A), a large quantity generator must mark or label its containers with the words “Hazardous Waste.”

As noted during the inspection, Respondent failed to mark or label one supersack of sulfuric acid crystals with the words “Hazardous Waste” and had incorrectly labeled one supersack of sulfuric acid crystals as non-hazardous.

i. Pursuant to 40 CFR 262.17(a)(5)(i)(B), a large quantity generator must mark or label its containers with an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).

As noted during the inspection, Respondent failed to mark or label all containers on-site with the hazards of the contents of the containers. Multiple containers were observed not labeled.

j. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.255, the large quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

As noted during the inspection, Respondent failed to provide adequate aisle space between drums and supersacks in the main central accumulation area.

k. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(a), the large quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements.

As noted during the inspection, it was noted that Respondent had worked with the local fire department approximately nine years ago to familiarize them with the site. No other arrangements with local emergency responders such as police or local hospitals have been made.

l. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.261, the large quantity generator Contingency Plan must meet the following requirements:

(a) The contingency plan must describe the actions facility personnel must take to comply with 262.260 and 262.265 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.

(c) The plan must describe arrangements agreed to with the local police department, fire department, or other emergency response teams, emergency response contractors, equipment suppliers, local hospitals or, if applicable, the Local Emergency Planning Committee, pursuant to 262.256.

(d) The plan must list names and emergency telephone numbers of all persons qualified to act as emergency coordinator, and this list must be kept up to date. When more than one person is listed, one must be named as primary and others must be listed in the order in which they will assume responsibility as alternates. In situations where the generator facility has an emergency coordinator continuously on duty because it operates 24 hours per day, every day of the year, the plan may list the staffed position (e.g., operations manager, shift coordinator, shift operations supervisor) as well as an emergency telephone number that can be guaranteed to be answered at all times.

(e) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.

(f) The plan must include an evacuation plan for generator personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

6. As noted during the inspection, Respondent failed to develop a complete Emergency Action Plan including arrangements with emergency responders, contact information for qualified personnel, emergency equipment beyond spill kits, fire suppression equipment information, or locations of spill kits and extinguishers.

m. 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 the adoption of this rule 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.

7. As noted during the inspection, Respondent failed to develop a complete Quick Reference Guide by failing to include waste streams for sulfuric acid crystals, waste corrosive liquid, soda ash/sulfuric acid, flux filter cakes, and paint waste, the inclusion of raw materials, failing to include the correct maximum amount of hazardous waste listed, only indicating where process chemicals are used in the dip tanks and acid recovery area, failing to include a description of communications/alarms systems, and failing to list emergency contacts consistent with those in the Contingency Plan.

n. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.264, at all times, there must be at least one employee either on the generator's premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures and implementing the necessary emergency procedures outlined in §262.265. Although responsibilities may vary depending on factors such as type and variety of hazardous waste(s) handled by the facility, as well as type and complexity of the facility, this emergency coordinator must be thoroughly familiar with all aspects of the generator's contingency plan, all operations and activities at the facility, the location and characteristics of hazardous waste handled, the location of all records within the facility, and the facility's layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.

As noted during the inspection, Respondent failed to include updated information for Emergency Coordinators.

o. 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) of this section.

As noted during the inspection, Respondent failed to develop a training program for facility personnel.

p. Pursuant to 40 CFR 262.15(a)(5)(i), a generator must mark or label its (satellite) container with the words “Hazardous Waste.”

As noted during the inspection, Respondent failed to mark or label one drum included in the aerosol can puncture system with the words “Hazardous Waste.”

During the inspection, this violation was corrected.

q. Pursuant to 40 CFR 262.15(a)(5)(ii), a generator must mark or label its (satellite) containers with an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).

As noted during the inspection, Respondent failed to mark or label one drum included in the aerosol can puncture system with the hazards of the contents of the container.

During the inspection, this violation was corrected.

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

As noted during the inspection, Respondent failed to label one 55-gallon drum of used oil in the maintenance area with the words “Used Oil.”

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 statutes and rules listed in the findings of fact above.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 262.13. Specifically, Respondent shall accurately determine its generator category each month based on the amount of hazardous waste generated.

4. Within sixty (60) days of the Effective Date, Respondent shall comply with 329 IAC 3.1-1-10. Specifically, Respondent shall notify IDEM of hazardous waste activities, as required. Instructions can be found here: https://www.in.gov/idem/waste/waste-industries/waste-transportation/how-to-obtain-a-new-rcra-id-number/.

5. Within sixty (60) days of the Effective Date, Respondent shall comply with IC 13-22-4-3.1. Specifically, Respondent shall submit annual manifest reports for reporting years 2022 and 2020. The Annual Report for 2022 hazardous waste activity must be submitted electronically via the Annual Report module in RCRAInfo. Instructions can be found here: https://www.in.gov/idem/waste/resources/applications-and-forms/annual-report-and-biennial-report/. The Annual Report for 2020 hazardous waste activity must be obtained from the contact list below:

Miranda Johnson-Phillips

Indiana Department of Environmental Management

Data Management Section

100 North Senate Avene

Indianapolis, IN 45204-2251

(317) 232-2747 | MPhillip@idem.in.gov

6. Within sixty (60) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a), IC 13-30-2-1(10), and 40 CFR 270.1(c). Specifically, Respondent shall properly dispose of the ten (10) containers in the central accumulation area stored greater than 90 days and submit documentation of proper disposal.

7. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(1)(v). Specifically, Respondent shall begin conducting weekly inspections of hazardous waste central accumulation areas as required.

8. Within sixty (60) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(A) and 40 CFR 262.15(a)(5)(i). Specifically, Respondent submit photo documentation showing all hazardous waste containers on-site marked or labeled with the words “Hazardous Waste.”

9. Within sixty (60) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B) and 40 CFR 262.15(a)(5)(ii). Specifically, Respondent shall submit photo documentation showing all hazardous waste containers on-site marked or labeled with an indication of the hazards of their contents.

10. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.255. Specifically, Respondent shall ensure that at all times, there is adequate aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of operation in the event of an emergency.

11. Within sixty (60) 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 police, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, and submit documentation to IDEM.

12. Within sixty (60) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.261. Specifically, Respondent shall amend their Contingency Plan to include all information required by 40 CFR 262.260 and 40 CFR 262.265 and submit it to IDEM.

13. Within sixty (60) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.262(b). Specifically, Respondent shall develop and maintain a Quick Reference Guide that includes all required information and shall submit these documents to the appropriate local emergency response agencies and IDEM. Respondent shall update the QRG, if necessary, when the Contingency Plan is amended.

14. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.264. Specifically, Respondent shall ensure that at all times there is an Emergency Coordinator on site or on call and able to coordinate emergency response measures.

15. Within sixty (60) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7)(i)(A). Specifically, Respondent shall develop and implement a hazardous waste management personnel training program and submit this program and a list of employees trained to IDEM.

16. Within sixty (60) days of the Effective Date, Respondent shall comply with 329 IAC 13- 4-3(d). Specifically, Respondent shall submit photo documentation to IDEM showing all used oil containers are marked or labeled with the words “Used Oil.”

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

Elizabeth Phillips, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

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

19. 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 4	$100 per week
Order paragraph 5	$100 per week
Order paragraph 6	$100 per week
Order paragraph 8	$100 per week
Order paragraph 9	$100 per week
Order paragraph 11	$100 per week
Order paragraph 12	$100 per week
Order paragraph 13	$100 per week
Order paragraph 15	$100 per week
Order paragraph 16	$100 per week

20. 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.

21. 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 “Indiana Department of Environmental Management,” and shall be payable to IDEM in the manner specified in Paragraph 18, above.

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

24. 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.

25. 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.

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

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.

32. 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:	6/27/2024		Date:
			COUNSEL FOR RESPONDENT:
			By:
			Printed:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality