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STATE OF INDIANA |
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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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Case No. 2024-30158-H |
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Smoker Craft, 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 Smoker Craft, Inc. (“Respondent”), which
owns/operates the facility with United States Environmental Protection Agency
(“EPA”) ID No. IND 005 455 084, located at 68143 Clunette
Street, in New Paris, 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”) to:
Mr. Douglas M. Smoker, President Northern Indiana Business
Service, LLC
Smoker Craft, Inc. Register Agent
58269 CR 29 Smoker
Craft, Inc.
Goshen, IN 46528 130 North Main Street
Goshen,
IN 46526
Mr. Peter D. Barett, Vice President
Smoker Craft, Inc.
P.O. Box 65
New Paris, IN 46553
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5.
Respondent
notified EPA of Large Quantity
Generator activities.
6.
Respondent
manufactures aluminum boats.
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 January 31, 2024, conducted by a representative of IDEM, the following violations were found:
a. Pursuant to 40 CFR 262.11, 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 January 31, 2024
inspection, Respondent did not make hazardous waste determinations on the
following, which were solid wastes generated by Respondent.
Respondent was previously managing its chromated copper arsenate (CCA) wood dust and scrap waste under 40 CFR 261.4(b)(9) and was sending the waste to the Elkhart County Landfill. Approximately three (3) years ago, it switched to a vendor that supplied CCA wood with lower amounts of arsenic. It also started sending some of the wood dust and scrap to Martin Animal Bedding, located at 65448 County Road 17, Goshen, IN. Respondent has not conducted a waste determination of the CCA wood waste since it switched vendors and management methods.
The parts washer solvent located in Building 29, when considered too dirty to use, is placed into a mop bucket and used to mop the floors in the building. According to the safety data sheet (SDS), this material has a flash point of 108℉ and would be an ignitable hazardous waste when disposed. The use of the dirty solvent as a floor cleaner would not be legitimate reuse under 40 CFR 261.2, and the facility has not conducted a waste determination on the spent solvent.
Three (3) pails containing waste were sitting outside of Building 25. Two (2) contained solids and one (1) contained liquid. Additionally, there were spent paint liners from 55-gallon drums laying on the ground. One (1) of the liners had visible liquid in it. The facility was unclear if these pails and liners contained hazardous waste.
Respondent waste determination results based on the March 28, 2024 submittal are as follows:
The chromated
copper arsenate (CCA) wood dust and scrap exceeds TCLP limits for arsenic
(33.7mg/L) and chromium (7.52mg/L). While it is allowable to manage by disposal
as a solid waste under the 40 CFR 261.4(b)(9) hazardous waste exclusion,
management of this waste by other means, such as for mulch or animal bedding, is
not eligible for this exclusion.
Respondent has
confirmed that the parts washer solvent is a hazardous waste (D001). This material
was improperly disposed by placing it on the concrete in the maintenance
building.
The paint liners were determined
to be non-hazardous.
Two of the three
(3) pails containing waste sitting outside of Building 25 were determined to no
longer be hazardous waste after polymerization treatment. The third pail, that
was still a liquid (D001), had the catalyst added as part of the treatment
process and was undergoing polymerization. Since the liquid (D001) container
was not yet polymerized, the container should have been marked as hazardous
waste with the indication of the hazards and the accumulation start date.
Because it was undergoing a reaction, the container was open for safety
reasons.
Respondent
submitted a waste analysis plan (WAP) for the polymerization treatment of the
ignitable waste on April 5, 2024.
b. Pursuant to 40 CFR 262.11(g), if the waste is determined to be hazardous, small quantity generators and large quantity generators must identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes) in subparts C and D of part 261 of this chapter.
As noted during
the inspection, based on information provided by Respondents representative in
the March 28, 2024 submittal, a primer containing chromium
was still being used at the facility. The following shipments were made to
Green America, MOD054018288 without identifying all the RCRA hazardous waste
codes, specifically D007 for the waste paint-related materials.
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Manifest ID # |
Shipped
Date |
Manifest ID
# |
Shipped
Date |
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018597987FLE |
12/06/2023 |
017893144FLE |
11/30/2022 |
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11/09/2023 |
017893134FLE |
11/21/2022 |
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018597844FLE |
10/09/2023 |
017234531FLE |
10/03/2022 |
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018597773FLE |
09/13/2023 |
017234511FLE |
09/28/2022 |
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018597677FLE |
08/14/2023 |
017234430FLE |
08/26/2022 |
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018597609FLE |
07/06/2023 |
017234387FLE |
08/08/2022 |
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017893576FLE |
06/16/2023 |
017234183FLE |
05/11/2022 |
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017893515FLE |
05/22/2023 |
017234103FLE |
04/11/2022 |
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017893479FLE |
05/05/2023 |
016364287FLE |
03/11/2022 |
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017893447FLE |
04/25/2023 |
016364093FLE |
12/03/2021 |
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017893259FLE |
01/30/2023 |
016364039FLE |
11/01/2021 |
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017893217FLE |
01/09/2023 |
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Respondent submitted corrected copies of the Electronic Waste Manifests to IDEM vis email on November 10, 2024 verifying that on October 22, 2024 the above manifests had been corrected by adding the D007 Chrome waste code.
c. Pursuant to 40 CFR 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 40 CFR 260.10 of this chapter, or not otherwise authorized to receive the generator's hazardous waste.
As noted during
the inspection, CCA wood dust and scrap (D004, D007) was shipped off-site to
facilities to be used as animal bedding or for other means.
The following 10
shipments of CCA waste were directed to PineCone
Recycling, 59697 County Road 7 Elkhart, IN, which is not permitted to accept
hazardous waste and is not a designated facility:
Ticket Date
7830980 01/13/2020
7833271 01/16/2020
7835763 01/23/2020
7838361 01/29/2020
7840987 02/06/2020
7843946 02/14/2020
7849255 02/28/2020
7884511 05/22/2020
8004427 02/20/2021
8324875 10/13/2022
The following 24
shipments of CCA waste were directed to Martin Wood Grinding (also known as
Martin Animal Bedding) 65448 County Road 17, Goshen, IN, which is not permitted
to accept hazardous waste and is not a designated facility:
Ticket Date Ticket Date
8314939 09/27/2022 8340925 11/11/2022
8317151 09/27/2022 8344459 11/17/2022
8317778 09/29/2022 8346370 11/21/2022
8317780 09/29/2022 8347507 11/28/2022
8320404 10/06/2022 8350129
11/30/2022
8322600 10/10/2022
8352684 12/06/2022
8327861 10/19/2022
8352681 12/08/2022
8332243 10/26/2022
8359398 12/12/2022
8332242 10/26/2022 8359042 12/14/2022
8335775 11/03/2022 8362274 12/20/2022
Respondent
ceased sending CCA wood waste to wood recyclers for mulching, animal bedding or
for other means not meeting 40 CFR 261.4(b)(9) hazardous waste exclusion in
December 2022. The CCA wood waste is currently being disposed at a permitted
solid waste landfill.
d. 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 was disposing of the parts washer solvent (D001) by
placing it on the concrete floor. See details in paragraph 8.a. above.
Respondent submitted via email on November 10, 2024 the Truck Garage Waste Mineral Spirits
(Parts Washer) drum management procedure.
As noted during the inspection Respondent was
disposing of the parts washer solvent (D001) by placing it on the concrete
floor. See details in paragraph 8.a. above.
Respondent
submitted via email on November 10, 2024 the Truck Garage Waste Mineral Spirits
(Parts Washer) drum management procedure.
f. 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, one (1) container of gel coat waste (D001) was undergoing polymerization
treatment by the addition of a catalyst and the reaction had not been completed.
The waste was still hazardous. The container was not marked with the words
“Hazardous Waste.”
g. 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, one (1) container of gel coat waste (D001) was undergoing polymerization
treatment by the addition of a catalyst and the reaction had not been completed.
The waste was still hazardous. The container was not marked with the indication
of the hazards.
Respondent
submitted to IDEM via email on November 10, 2024, their Polymerization (POLYM)
Procedures. The POLYM procedures included labeling the container with the
indication of hazards before any gel coat waste is added to container and to
remain until after the gel coat waste has completely reacted to an inert
material.
Additionally, several
containers (D001, D035, F003) located in the central accumulation area were not
marked with the indications of all the hazards. The waste in these drums
carries waste codes for both ignitability and toxicity but were only marked as
ignitable. There were 32 drums located in the central accumulation area. Due to
inadequate aisle space, only the drums located toward the front could be
inspected.
h. Pursuant to 40 CFR 262.17(a)(5)(i)(C), a large quantity generator must mark or label its containers with the date upon which each period of accumulation begins clearly visible for inspection on each container.
The following
hazardous waste containers were not marked or label with the start of
accumulation date:
· One (1) container (D001, D035, F003, F005) located in the kitchen area of Building 6 which receives waste from multiple areas in Building 25.
· One (1) container (D001, F003) located in Building 25 which receives waste from multiple stations in Building 25.
· At least five (5) containers (D001, D035, F003, F005) located in the central accumulation area. There were thirty-two (32) drums located in this central accumulation area. Due to inadequate aisle space, only the drums located toward the front could be inspected.
· One (1) container of gel coat waste (D001) undergoing treatment.
i. Pursuant to 40 CFR 262.17(a)(1)(iv)(A), a container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.
As noted during
the inspection, one (1) container (D001, F003) located in Building 25 was not
closed.
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, there was not adequate aisle space in the central accumulation
area.
k.
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 documentation in its operating record
that either confirms arrangements with local emergency response agencies
actively exist or, in cases where no arrangements exist, confirms that attempts
to make such arrangements were made.
Respondent
submitted via email on November 10, 2024, documentation confirming arrangements
have been made with the local emergency response agencies.
l. Pursuant to 40 CFR 262.17(a)(7)(iii), facility personnel must take part in an annual review of the initial training required in paragraph (a)(7)(i) of this section.
As noted during
the inspection, Respondents Emergency Coordinator, Seth Rife, has not received
annual training for the past three years according to Respondents training
records.
Seth Rife received
annual training on April 24, 2024, Respondent submitted the training sign in
sheet via email on November 10, 2024.
m. Pursuant to 40 CFR 262.15(a)(4), a container holding hazardous waste must be closed at all times during accumulation, except: when adding, removing, or consolidating waste; or when temporary venting of a container is necessary for the proper operation of equipment, or to prevent dangerous situations, such as build-up of extreme pressure.
As noted during
the inspection, the satellite accumulation container (D001, D035, F003, F005) located
in the primer booth in Building 6 was not closed.
n. 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 had two (2) satellite accumulation containers (D001,
D035, F003, F005) in Building 6 one located on the north wall and one in the
primer booth not marked with the indications of the hazards. Both satellite
containers carry waste codes for ignitability and toxicity, but both were only
marked as ignitable.
The satellite
container along the north wall was marked with the indication of toxicity at
the time of the inspection.
Respondent
submitted via email on November 10, 2024, a photograph of the satellite
accumulation container in the primer paint booth documenting that it has been
marked with the indication of all applicable hazards.
o. 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, the tank located outside Building 29 and the tank located
inside Building 29 were not labeled with the words “Used Oil”.
Respondent
submitted via email on November 10, 2024 a photograph
of the used oil tanks with the proper labeling.
p. Pursuant to 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a), a generator of hazardous waste must determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in 40 CFR 268.40, 40 CFR 268.45, or 40 CFR 268.49. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. With the initial shipment of hazardous waste (meeting or not meeting the treatment standards in 40 CFR 268.40 and 40 CFR 268.42) to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste and place a copy in the file. No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file.
As noted during
the inspection, Respondent shipped 24 loads of
CCA wood waste (D004, D007) to Martin Wood Grinding (also known as
Martin Animal Bedding) and 10 loads of CCA wood waste (D004, D007) to PineCone without providing a written notice to the facilities
receiving the waste.
Additionally, Respondent
is treating its gel coat waste (D001) using polymerization (POLYM) technology
to meet treatment standards. The facility had not provided a written notice to
the facility receiving the waste.
q. Pursuant to 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a)(5), if a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under 40 CFR 262.15, 262.16, and 262.17 to meet applicable LDR treatment standards found at § 268.40, the generator must develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards of Table 1 to § 268.45, however, are not subject to these waste analysis requirements.) The plan must be kept on site in the generator's records.
As noted during
the inspection, Respondent has been treating its gel coat waste (D001) using
the POLYM technology. The facility had not developed a waste analysis plan.
On April 5,
2024, the facility submitted a copy of its waste analysis plan.
r. 40 CFR 262.17(a)(6) referencing 40 CFR 262.251, a large quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
As noted during
the inspection, the parts washer solvent located in Building 29, when
considered too dirty to use, is placed into a mop bucket and used to mop the
floors in the building. According to the safety data sheet (SDS), this material
has a flash point of 108℉ and would be an ignitable hazardous waste when
disposed. The use of the dirty solvent as a floor cleaner would not be
legitimate reuse under 40 CFR 261.2. The facility has managed hazardous waste
in an open mop bucket and has disposed of the material by placing it on the
concrete floor.
Respondent
submitted via email on November 10, 2024, the Truck Garage Waste Mineral
Spirits (Parts Washer) drum management procedure.
s. Pursuant to 40 CFR 262.20, a generator that transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, must prepare a Manifest on EPA Form 8700– 22, and, if necessary, EPA Form 8700– 22A. In lieu of using the paper manifest form a person may use an electronic manifest, provided that the person complies with the requirements in 40 CFR 262.24 for use of electronic manifests. A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest and 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. If the waste is unable to be delivered to the designated primary or secondary facility, another facility must be designated or the transporter is instructed to return the waste.
As noted during
the inspection, chromated copper arsenate (CCA) wood dust and scrap (D004,
D007) was shipped off-site to facilities to be used as animal bedding or for
other means.
The following 10
shipments of CCA waste were directed to PineCone
Recycling, 59697 County Road 7, Elkhart, IN without the use of a manifest:
Ticket Date
7830980 01/13/2020
7833271 01/16/2020
7835763 01/23/2020
7838361 01/29/2020
7840987 02/06/2020
7843946 02/14/2020
7849255 02/28/2020
7884511 05/22/2020
8004427 02/20/2021
8324875 10/13/2022
The following 24
shipments of CCA waste were directed to Martin Wood Grinding (also known as
Martin Animal Bedding) 65448 County Road 17, Goshen,
IN without the use of a manifest:
8314939 09/27/2022 8340925 11/11/2022
8317151 09/27/2022 8344459 11/17/2022
8317778 09/29/2022 8346370 11/21/2022
8317780 09/29/2022 8347507 11/28/2022
8320404 10/06/2022 8350129 11/30/2022
8322600 10/10/2022 8352684 12/06/2022
8327861 10/19/2022 8352681 12/08/2022
8332243 10/26/2022 8359398 12/12/2022
8332242 10/26/2022 8359042 12/14/2022
8335775 11/03/2022
8362274 12/20/2022
8337267 11/08/2022 8365826 12/28/2022
8340338 11/11/2022 8365604 12/28/2022
Respondent
ceased sending CCA wood waste to wood recyclers for mulching, animal bedding or
for other means not meeting 40 CFR 261.4(b)(9) hazardous waste exclusion in
December of 2022. The CCA wood waste is currently being disposed at a permitted
solid waste landfill.
t. 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, Respondent caused or allowed the
transportation of a hazardous waste without a manifest as required by law. See
details in paragraph 8.s. above.
Respondent
ceased sending CCA wood waste to wood recyclers for mulching, animal bedding or
for other means not meeting 40 CFR 261.4(b)(9) hazardous waste exclusion in
December 2022. The CCA wood waste is currently being disposed at a permitted
solid waste landfill.
u. Pursuant to IC 13-30-2-1(4), a person may not deposit or allow the deposit of any contaminants or solid waste upon the land, except though the use of sanitary landfill, incineration, composting, garbage grinding, or another method acceptable to the board.
As noted
during the inspection, visible paint releases were observed outside Building 25
near the pails and liners described above in paragraph 8.a.
Respondent
submitted via email on November 10, 2024, a photograph of the area after the contaminated
soil was removed and placed into a fifty (55) gallon drum labeled hazardous
waste for disposal. The waste was properly manifested (Manifest Tracking Number
019194614 FLE) on February 26, 2024 to a permitted
treatment, storage, disposal facility.
9. Orders of the Commissioner are subject to administrative review by the Office of Administrative Law Proceedings 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 permit conditions listed in the findings of
fact above.
3. Within thirty (30) days of the Effective Date, Respondent shall submit to IDEM documentation of how the CCA waste will be managed. Stipulated penalties as stated in Order paragraph 17 will begin on the 31st day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.
4.
Upon the
Effective Date, Respondent shall cease using parts washer solvent as a floor
cleaner and shall submit to IDEM within thirty (30) days documentation of the
disposition of the spent parts washer solvent. Stipulated penalties as
stated in Order paragraph 26 will begin on the 31st day from the Effective
Date and will continue until the documentation is submitted as required by this
paragraph.
5.
Upon the
Effective Day, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(A).
Specifically, Respondent shall ensure in the future that gel coat waste
containers when undergoing polymerization treatment are marked or labeled
“Hazardous Waste”.
6.
Upon the
Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B).
Specifically, Respondent shall ensure in the future that gel coat waste
containers undergoing polymerization treatment are marked or labeled with the
indication of hazards.
7.
Upon the
Effective Date, Respondent shall comply with 40 CFR (a)(5)(i)(C). Specifically,
Respondent shall ensure hazardous waste containers are labeled or marked with
the start of accumulation date.
8.
Upon the
Effective Date, Respondent shall comply with 40 CFR 262.17(a)(1)(iv)(A).
Specifically, Respondent shall ensure containers holding hazardous waste are
stored closed during accumulation, except when it is necessary to add or remove
waste.
9.
Upon the
Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6). Specifically,
Respondent shall ensure the central accumulation area has adequate aisle space.
10.
Within
forty (45) days of the Effective Date, Respondent shall submit records
documenting that Seth Rife has received annual training. The documentation should
include a written description of the type of training provided. Stipulated
penalties as stated in Order paragraph 17 will begin on the 46th day from the Effective
Date and will continue until the documentation is submitted as required by this
paragraph.
11.
Upon the
Effective Date, Respondent shall comply with 40 CFR 262.15(a)(4). Specifically,
Respondent shall ensure the primer booth satellite accumulation container in
Building 6 is stored closed expect to add, remove or consolidate waste.
12.
Upon the
Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(ii).
Specifically, Respondent shall ensure satellite accumulation containers in
Building 6 are marked with all applicable indications of hazards.
13.
Within
thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR
262.17(a)(9) referencing 40 CFR 268.7(a). Respondent shall provide to IDEM and the facility receiving the gel
coat waste that has been treated using the POLYM technology a one-time
notification stating that the waste does meet treatment standards. Stipulated
penalties as stated in Order paragraph 17 will begin on the 31st day from the Effective
Date and will continue until the documentation is submitted as required by this
paragraph.
14.
Within thirty
(30) days of the Effective Date, Respondent shall submit a plan on how future
releases will be addressed. The plan shall include that releases/spills will be
responded to within 24 hours. The plan shall also include preventive measures
that will be taken to prevent future paint releases/spills. Stipulated
penalties as stated in Order paragraph 17 will begin on the 31st day from the Effective
Date and will continue until the documentation is submitted as required by this
paragraph.
15.
All submittals
required by this Agreed Order, unless IDEM notifies the Respondent otherwise
in writing, shall be sent to:
|
Christina Halloran, Enforcement Case
Manager |
|
Office of Land Quality |
|
Indiana Department of Environmental
Management |
|
100 North Senate Avenue |
|
Indianapolis, IN 46204-2251 |
16. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Sixty-Two Thousand Three Hundred and Ninety Dollars ($62,390). 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.
17. 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 #3 |
$100 per week |
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Order paragraph #4 Order paragraph #10 Order paragraph #13 Order paragraph #14 |
$100 per week $100 per week $100 per week $100 per week |
18.
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.
19.
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 16, above.
20.
Signatories
to this Agreed Order certify that they are fully authorized to execute this
Agreed Order and legally bind the party they represent.
21.
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.
22.
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.
23.
Respondent shall ensure that all contractors, firms, and
other persons performing work under this Agreed Order comply with the terms of
this Agreed Order.
24.
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.
25.
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.
26.
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.
27.
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.
28.
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.
29. 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
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By: |
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Jennifer Reno,
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Land Enforcement
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Compliance Branch |
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Office of Land
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Date: |
8/22/2024 |
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COUNSEL FOR RESPONDENT: |
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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
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Signed 12/11/2024
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Brian Wolff |
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Assistant
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Office of Land
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