COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT,

Complainant,

DOVER CHEMICAL CORPORATION,

Respondent.

)

) Case No. 2024-30172-H

)

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 ently of the following Findings of Fact and Order. Pursuant to Indiana Code ("IC") 13-30-3-3, entry into the te1ms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent's entiy into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administi·ative 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 oflndiana created by IC 13-13-1-1.

2. Respondent is Dover Chemical Corporation ("Respondent"), which operates the facility with United States Environmental Protection Agency ("EPA") ID No. IND082071234, located at 3000 Sheffield Ave., in Hammond, 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:

5. Respondent notified EPA of Large Quantity Generator activities on Febrnary 29, 2024.

6. Respondent is a chemical manufacturer and warehouse.

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 March 18, 2024 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.l 7(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 did not mark or label nineteen (19) drums on the central accumulation pad with the words "Hazardous Waste." Respondent's personnel stated during the inspection that Respondent will ship these containers as hazardous waste.

b. 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 did not mark or label three (3) d1ums on the central accumulation pad with the indication of hazards of the contents.

Respondent's personnel stated during the inspection that Respondent will ship these as hazardous waste.

c. 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.

As noted during the inspection, Respondent did not mark or label nineteen (19) drnms of hazardous waste on the central accumulation pad with the accumulation start date. Respondent's personnel stated during the inspection that Respondent will ship these containers as hazardous waste. Additionally, Respondent did not mark or label a 275-gallon tote of D00l hazardous waste located in an accumulation area outside of Building #3 with the accumulation start date.

d. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(a), the large quantity generator must attempt to make an-angements with the local police depaiiment, 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 Cmmnittee, if it is detennined to be the appropriate organization with which to make arrangements. (3) Where more than one police or fire department might respond to an emergency, the large quantity generator shall attempt to make anangements designating primaiy emergency authority to a specific fire or police depaiiment, and anangements with any others to provide suppmi to the primary emergency authority.

As noted during the inspection, Respondent did not attempt to make anangements with the local authmities who would respond to an emergency at the facility.

e. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.261 the large quantity generator complies with the standards in subpati M of this pati, Preparedness, Prevention and Emergency Procedures for Large Quantity Generators.

(a) The contingency plan must describe the actions facility personnel must take to comply with 40 CFR 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.

(b) If the generator has already prepared a Spill Prevention, Control, and Countenneasures (SPCC) Plan in accordance with pati 112 of this chapter, or some other emergency or contingency plan, it need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the standards of this part. The generator may develop one contingency plan that meets all regulatmy standai·ds. EPA recmmnends that the plan be based on the National Response Team's Integrated Contingency Plan Guidance ("One Plan").

(c) The plan must describe anangements agreed to with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, local hospitals or, if applicable, the Local Emergency Planning Committee, pursuant to 40 CFR 262.256.

(d) The plan must list names and emergency telephone numbers of all persons qualified to act as emergency coordinator (see 40 CFR 262.264), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator 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, eve1y 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 primaiy routes could be blocked by releases of hazardous waste or fires).

As noted during the inspection, Respondent had a Contingency Plan for the facility that was last updated in 2016. The Contingency Plan did not have any of the requirements listed in 40 CFR 262.17(a)(6).

f. Pursuant to 40 CFR 262.l 7(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 necessaiy 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 hazai·dous 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 cany out the contingency plan.

As noted during the inspection, Respondent did not have any documentation listing a dedicated emergency coordinator with an outline of their responsibilities and capabilities.

g. Pursuant to 40 CFR 262.l 7(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, Respondent had nineteen (19) employees with hazardous waste duties that did not take part in the required annual review in over 365 days.

h. 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 Fonn 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 delive1y 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 instmcted to return the waste.

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.

Pursuant to 329 IAC 3.1-1-13, the commissioner shall require the use of identification numbers issued by the U.S. Environmental Protection Agency.

As noted during the inspection, Respondent inc01Tectly completed the Generator ID Number (Box 1) of manifest #023 l 98958JJK for a shipment of D028, D043 hazardous waste. Respondent listed Conditionally Exempt Small Quantity Generator in Box 1 instead of its EPA ID No. IND082071234. The manifest was signed by a fonner employee of Dover Chemical Corporation with the Generator ID Number (Box 1) as a Conditionally Exempt Small Quantity Generator. The D028, D043 hazardous waste was from the sampling of monitoring wells at the Site that are being managed by the fonner Keil Chemical Company.

1. Pursuant to 40 CFR 262.lS(a), a generator may accumulate as much as 55 gallons of non-acute hazardous waste and/or either one quart of liquid acute hazardous waste listed in 261.31 or 261.33(e) of this chapter or 1 kg (2.2 lbs.) of solid acute hazardous waste in containers at or near any point of generation where wastes initially accumulate which is under the control of the operator of the process generating the waste, without a pe1mit or interim status and without complying with the requirements of parts 124,264 through 267, and 270 of this chapter, provided that all conditions for exemption in this section are met.

As noted during the inspection, Respondent accumulated over fifty-five (55) gallons ofD00l, D002, D035, F003, FOOS hazardous waste at or near the point of generation where wastes initially accumulate. Specifically, one (1) full 55-gallon drum and one (1) 1/4 to 1/3 partially filled 55-gallon dmm in the lab satellite accumulation area.

J. 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, c01Tosive, reactive, toxic); hazard communication consistent with the Depaiiment of Transportation requirements at 49 CFR paii 172 subpa1i E (labeling) or subpaii 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 dming the inspection, Respondent accumulated hazardous waste in containers at or near the point of generation without a pe1mit and did not properly mark or label a container with an indication of the hazards of the contents.

Specifically, Respondent did not mark or label the seven (7) 2.5-gallon safety

cans used as daily satellite accumulation containers in the upper, west, and lower labs with an indication of the hazards of the contents.

k. Pmsuant to 40 CFR 262.15(a)(6), a generator who accumulates either acute hazardous waste listed in §261.31 or §261.33(e) of this chapter or non-acute hazardous waste in excess of the amounts listed in paragraph (a) of this section at or near any point of generation must do the following:

(i) Comply within three consecutive calendar days with the applicable central accumulation area regulations in §262.16(b) or §262.17(a), or

(ii) Remove the excess from the satellite accumulation area within three consecutive calendar days to either:

(A) A central accumulation area operated in accordance with the applicable regulations in §262.16(b) or §262.17(a);

(B) An on-site interim status or permitted treatment, storage, or disposal facility, or

(iii) During the three-consecutive-calendar-day period the generator must continue to comply with paragraphs (a)(l) through (5) of this section. The generator must mark or label the container(s) holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.

As noted during the inspection, Respondent accumulated over fifty-five (55) gallons ofD00l, D002, D019, D021, D022, F002, F003 hazardous waste in the lab satellite accumulation area for over three (3) consecutive calendar days.

Respondent labeled one (1) full 55-gallon drum with an accumulation start date of March 8, 2024, and Respondent did not move the drum to the central accumulation area within three (3) consecutive calendar days.

1. Pmsuant to 329 IAC 3.1-16-2(a)(4) (Universal Waste Labeling): Each lamp or a container or package in which such lamps are contained must be labeled or marked clearly with the phrase "Universal Waste-Lamp(s)" or "Waste Lamp(s)" or "Used Lamp(s)" or with other words that accurately identify the universal waste lamps.

As noted during the inspection, Respondent did not label two (2) 5-gallon plastic buckets containing waste lamps containing mercury with the words "Universal Waste Lamps", "Waste Lamps", or "Used Lamps."

8. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and waives any right to administrative and judicial review of this Agreed Order.

II. ORDER

1. This Agreed Order shall be effective ("Effective Date") when it is approved by Complainant or Complainant's delegate and has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with the statutes and rules listed in the findings of fact above.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 262. l 7(a)(5)(i)(A). Specifically, Respondent shall ensure all containers storing hazardous waste in central accumulation area(s) are marked with the words "Hazardous Waste."

4. Upon the Effective Date, Respondent shall comply with 40 CFR 262.l 7(a)(5)(i)(B). Specifically, Respondent shall ensure all containers storing hazardous waste in central accumulation areas are marked with all indication of hazards.

5. Upon the Effective Date, Respondent shall comply with 40 CFR 262.l 7(a)(5)(i)(C). Specifically, Respondent shall ensure all containers storing hazardous waste in central accumulation areas are marked with the accumulation date.

6. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR

262. l 7(a)(6) referencing 40 CFR 262.256(a). Specifically, Respondent shall attempt to make arrangements with local authorities as required, including providing them with a copy of the facility's Contingency Plan and Quick Reference Guide, and submit documentation to IDEM. Stipulated penalties as stated in Order Paragraph 20 will begin on the 31^st day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

7. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR

262. l 7(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 for review. Respondent shall update the Contingency Plan as required by 40 CFR 262.263. Stipulated penalties as stated in Order Paragraph 20 will begin on the 31^st day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

8. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.260(a). Specifically, Respondent shall develop and maintain a quick reference guide that includes all of the required information and submit these documents to the appropriate local emergency response agencies and IDEM. Update the quick reference guide, if necessary, when the Contingency Plan is amended. Stipulated penalties as stated in Order Paragraph 20 will begin on the 31^st day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

9. Within forty-five (45) days of the Effective Date, Respondent shall train all current staff on the facility's Contingency Plan and Quick Reference Guide and submit a sign-in sheet or other documentation showing that training has occurred to IDEM. Stipulated penalties as stated in Order Paragraph 20 will begin on the 46^th day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

10. 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.

11. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR

262.l 7(a)(7)(iii). Specifically, Respondent shall provide an annual refresher training to all required employees who are cmrently or past due and work with hazardous waste and submit training docmnentation to IDEM. Stipulated penalties as stated in Order Paragraph 20 will begin on the 31^st day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

12. Upon the Effective Date, Respondent shall comply with 40 CFR 262.20, IC 13-30-2- 1(12), and 329 IAC 3.1-1-13. Specifically, Respondent shall ensure that hazardous waste manifests are fully filled out and contain accurate information. Specifically, Respondent shall utilize the assigned BPA identification number in Item #1 of the hazardous waste manifest for as long as Respondent remains an LQG.

13. Within fifteen (15) days of the Effective Date, Respondent shall correct the BPA ID Number on manifest #023198958JJK to reflect Respondent's EPA ID Number. Documentation of con-ection shall be submitted to IDEM. Stipulated penalties as stated in Order 20 will begin on the 16^th day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

14. Within fifteen (15) days of the Effective Date, Respondent shall comply with 40 CFR 262.15(a). Specifically, Respondent shall not accumulate more than 55 gallons of any particular waste stream in a satellite accumulation area at a time. Generations in excess of 55 gallons must be managed properly. Respondent shall submit photo documentation to IDEM showing no more than 55-gallons of hazardous waste is being stored in the lab satellite area. Stipulated penalties as stated in Order Paragraph 20 will begin on the 16^th day from the Effective Date and will continue until the documentation is submitted

as required by this paragraph.

15. Within fifteen (15) days of the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(ii). Specifically, Respondent shall ensure all satellite hazardous waste containers are marked with the indication of the hazards of its contents and submit photographic documentation to IDEM. Stipulated penalties as stated in Order Paragraph 20 will begin on the 16^th day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

16. Upon the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(6). Specifically, Respondent shall ensure that any excess generation in satellite accumulation areas is moved within three (3) days in accordance with 40 CFR 262.15(a)(6).

17. Within fifteen (15) days of the Effective Date, Respondent shall comply with 329 IAC 3.1-16-2(a)(4). Specifically, Respondent shall label or mark clearly each lamp or a container or package of fluorescent bulbs with the phrase "Universal Waste-Lamp(s)" or "Waste Lamp(s)" or "Used Lamp(s)" or with other words that accurately identify the universal waste lamps and submit photographic documentation to IDEM. Stipulated penalties as stated in Order Paragraph 20 will begin on the 16^th day from the Effective

Date and will continue until the documentation is submitted as required by this paragraph.

18. 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

19. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirteen Thousand Five Hundred Dollars ($13,500). 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

IGCN, Room 1340

100 North Senate Avenue Indianapolis, IN 46204

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.

20. In the event the te1ms and conditions of the following paragraphs are violated, Complainant may assess, and Respondent shall pay a stipulated penalty in the following amount:

Paragraph

Order paragraph 6

Order paragraph 7

Order paragraph 8

Order paragraph 9

Order paragraph 13

Order paragraph 14

Order paragraph 15

Order paragraph 17

Stipulated Penalty

$100 per week

3. 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.

4. 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 19, above.

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

6. 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 transfen-ed.

7. 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.

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

9. 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.

10. This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing pennit. 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 pennits or any applicable Federal or State laws or regulations.

11. 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 pennit, 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.

12. 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.

13. 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.

14. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

REMAINDER OF PAGE LEFT BLANK INTENTIONALL

AGREED ORDER

I. FINDINGS OF FACT

Paragraph

Stipulated Penalty

TECHNICAL RECOMMENDATION: RESPONDENT:

COUNSEL FOR RESPONDENT: