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. 2024-30227-H

 

 

)

 

Imagineering Enterprises Inc dba

Imagineering Finishing Technologies,

 

)

 

 

 

)

 

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 Imagineering Enterprises Inc dba Imagineering Finishing Technologies (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IND 074 329 764 located at 3722 Foundation Ct., in South Bend, St. Joseph 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:

 

Mathew Huff, President

Eric W. Seigel, Registered Agent

Imagineering Enterprises Inc dba

Imagineering Finishing Technologies

Imagineering Enterprises Inc

212 E. LaSalle Avenue, Suite 100

1302 W. Sample St.

South Bend, IN 46617

South Bend, IN 46619

 

mhuff@iftww.com 

 

 

Elias Russi, EHS Manager

Imagineering Enterprises Inc dba

Imagineering Finishing Technologies

3722 Foundation Ct.

South Bend, IN 46628

erussi@iftworldwide.com

 

 

5.                  Respondent notified EPA of Large Quantity Generator activities.

 

6.                  Respondent provides metal finishing for the aerospace, automotive, military and medical industries. Operations include chrome and non-chrome passivation, Alodine coating on aluminum, etching, manganese and zinc phosphate coating, painting, oven curing, non-destructive testing (“NDT”) and abrasive media blasting.

 

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 18, 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.

 

As noted during the inspection, a waste determination needs to be conducted on the following:

·         One 55-gallon container located near the manganese passivation line marked as hazardous waste with an indication of toxic for the hazard. Despite having a number code on it, including a waste stream ID number, Respondent was unaware of the process generating this waste or why it is a toxic hazardous waste. According to Respondent’s number coding system, this container, (19 003 128), had been accumulating waste since 2019 and was the third container generated that year.

 

Based on the Respondent’s April 2, 2024, response, Respondent classified it as hazardous and had planned to sample the waste when there was enough waste for a representative sample for lab testing. However, Respondent ceased the process that generated the waste in 2019, and a waste determination was never conducted. This container had been noted as being approximately 40% full since April 28, 2021. The information submitted did not demonstrate how a waste determination was made as there was no analysis done on the container prior to it being disposed (utilized) as a wastewater treatment additive.

 

According to Respondent, a jar test on the accumulated (Rust Remover IFT Waste Stream WS128) residue in the drum was conducted to confirm using in wastewater as a treatment aide. Using process knowledge and jar testing results, the remaining residue was used as a treatment aide and transferred to Respondent’s concentrate acid holding tank. Waste Stream #128 has been archived.

 

·         Respondent generates and distills on-site, spent acetone (approximately 18 gallons per week) and spent methyl ethyl ketone (approximately 18 gallons two (2) to three (3) times per week). The facility had not identified these waste streams as a hazardous waste and had been managing them as “used acetone” and “used methyl ethyl ketone.” Respondent plans to manage the wastes as a hazardous waste going forward instead of managing them under the hazardous secondary materials exclusion.

 

·         Paint waste and residue were allowed to accumulate on the floor and under the grating in the paint kitchen. This material is a solid waste, and therefore, Respondent should have determined whether the waste was a hazardous waste at the point of generation (when it was released and therefore no longer usable).

 

It was determined the paint waste when released would have been a characteristic hazardous waste for ignitability (D001) and for methyl ethyl ketone (D035).

 

·            According to the waste shipments for the paint waste, methyl ethyl ketone and silver may be present in the paints used in the dry film painting operation. Respondent was required to conduct a proper waste determination on the waste paint filters used in this operation to determine if they are characteristically hazardous for methyl ethyl ketone (D035) and silver (D011).

 

Based on the facility’s April 2, 2024, response, the paint that contained silver is no longer used, however, the paint filters would be characteristically hazardous for methyl ethyl ketone (D035).

 

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, according to the waste shipments for the paint waste, methyl ethyl ketone and silver may be present in the paints used in the dry film painting operation.  It was determined that the characteristic waste code for silver (D011) is not applicable, but methyl ethyl ketone (D035) is applicable to the paint filters when shipped.

 

c.                Pursuant to 40 CFR 262.17(a), a large quantity generator that accumulates hazardous waste on site for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270 unless he has been granted an extension to the 90-day period.

 

As noted during the inspection, Respondent stored one fifty-five (55) gallon container of hazardous waste located near the manganese passivation line marked with an indication of toxic for the hazard had been accumulating on site since 2019. The container was forty percent (40%) full. See paragraph 8.a. for details.

 

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 stored one fifty-five (55) gallon container of hazardous waste which was approximately forty percent (40%) full marked with the indication of toxic for the hazard for at least five years without a permit. See paragraph 8.a. for details.

 

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

 

As noted during the inspection, Respondent stored one fifty-five (55) gallon container of hazardous waste which was approximately forty percent (40%) full marked with the indication of toxic for the hazard for at least five years without a permit. See paragraph 8.a. for details.

 

f.                 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 for treatment, storage, and disposal facilities, provided that the accumulation of waste takes place in

containers, tanks, or drip pads.

 

 Based on the results of the waste determination in the facility’s May 5, 2024, response, releases of an ignitable (D001) and toxic (D035) paint had been allowed to occur in the paint kitchen’s containment unit. At the time of the inspection, there was visible residue build-up under and on top of the floor grating. Respondent’s staff were unsure as to how long the residue had been there. Respondent did not immediately respond to the releases and allowed the waste to volatilize such that

the waste was no longer characteristically hazardous for ignitability or toxicity. The facility allowed for the accumulation and treatment of waste not in a container or tank.

 

g.                  Pursuant to 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 failed to list all of the waste codes on the initial land disposal notification for the waste paint filters. Specifically, methyl ethyl ketone (D035) was not on the initial land disposal notification.

 

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 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, Respondent failed to list all of the waste codes on the manifest for the waste paint filters. Specifically, methyl ethyl ketone (D035) characteristic waste code was not listed on the manifest.

Results/Actions

i.          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, a 25-yard roll-off of F019 hazardous waste filter cake was not marked with the words “Hazardous Waste.” This violation was corrected at the time of the inspection.

 

Also noted during the inspection, Respondent had one (1) container of methyl ethyl ketone “(MEK”) hazardous waste located near the non-destructive testing (“NDT”) area that was not marked or labeled with the words “Hazardous Waste.”

 

j.          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, the following less than ninety (90) day containers were not marked or labeled with the indication of hazards:

 

·         A 25-yard roll-off of F019 hazardous waste filter cake. The roll-off was marked correctly at the time of the inspection.

 

·         Four (4) containers in the flammable area central accumulation area. The wastes were hazardous for D001, D007, D008, D011, D035, F003, F005 or D001, D035, F003, F005 and should have been marked with the indication of toxicity as well as ignitability. The containers were corrected at the time of the inspection by adding the word “toxic” to the label.

 

·         One container of MEK waste (F005) located near the NDT area that was not marked with the indication of toxic.

 

k.            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, one (1) 25-yard roll-off of F019 hazardous waste filter cake was not marked with the accumulation start date. The roll-off was marked with the start of accumulation date at the time of the inspection.

 

Also noted during the inspection, was one (1) less than 90-day accumulation container of MEK waste (F005) located near the NDT area not marked with the start of accumulation date.

 

l.       Pursuant to 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, waste paint residue had accumulated in the spill containment area and above the grating of the containment area of the flammable paint kitchen room.

 

On April 18, 2024, Respondent submitted to IDEM the waste analysis of the waste paint residues in the kitchen room.  On May 16, 2024, Respondent submitted to IDEM a photo of the kitchen room showing that the kitchen room had been cleaned up of paint residue.

 

m.                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 of the arrangements with the local fire department as well as any other organization necessary to respond to an emergency, or, in cases where no arrangements exist, confirmation that attempts to make such arrangements were made.

 

On April 2, 2024, Respondent submitted to IDEM documentation that it had entered into an agreement with the local fire department, which is the organization expected to respond to an emergency.

 

n.         Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.263, the contingency plan must be reviewed, and immediately amended, if necessary, whenever: The contingency plan must be reviewed, and immediately amended, if necessary, whenever:

(a) Applicable regulations are revised;

(b) The plan fails in an emergency;

(c) The generator facility changes—in its design, construction, operation, maintenance, or other circumstances—in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;

(d) The list of emergency coordinators changes; or

(e) The list of emergency equipment changes.

 

As noted during the inspection, in August 2023, Respondent acquired the activities and the portion of the building that used to be owned and operated by a different facility (and different EPA ID number). Respondent had not updated its contingency plan to reflect the new operations.

 

o.                  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. The quick reference guide must include the following elements:

(1) The types/names of hazardous wastes in layman's terms and the associated hazard associated with each hazardous waste present at any one time (e.g.,. toxic paint wastes, spent ignitable solvent, corrosive acid);

(2) The estimated maximum amount of each hazardous waste that may be present at any one time;

(3) The identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff;

(4) A map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes;

(5) A street map of the facility in relation to surrounding businesses, schools and residential areas to understand how best to get to the facility and also evacuate citizens and workers;

(6) The locations of water supply (e.g., fire hydrant and its flow rate);

(7) The identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms); and

(8) The name of the emergency coordinator(s) and 7/24-hour emergency telephone number(s) or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency

coordinator.

(c) Generators must update, if necessary, their quick reference guides, whenever the contingency plan is amended and submit these documents to the local emergency responders identified in paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee.

 

As noted during the inspection, Respondent needs to update its quick reference guide because of changes in Respondents operations after the acquisition of the operations and the portion of the building that used to be owned and operated by a different facility (and different EPA ID number) required that the facility update its contingency plan as well as the quick reference guide including the facility map of where wastes are generated and accumulated.

 

p.         Pursuant to IC 13-22-4-3.1 and 40 CFR 262.41, a generator who is a large quantity generator for at least one month of an odd-numbered year (reporting year) who ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States must complete and submit EPA Form 8700–13 A/B to the Regional Administrator by March 1 of the following even-numbered year and must cover generator activities during the previous year.

 

As noted during the inspection, Respondent generates and distills on-site spent acetone (approximately 18 gallons per week) and spent methyl ethyl ketone (approximately 18 gallons two (2) to three (3) times per week). The facility did not note in detail about its on-site management of hazardous waste in its 2021 and 2023 Biennial Report.

 

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, six (6) satellite accumulation containers were not marked with all the indications of the hazards. The wastes were hazardous for D001, D007, D008, D011, D035, F003, F005 or D007, D007, F003, F005 and should have been marked with the indication of toxicity as well as ignitability. This was corrected at the time of the inspection by adding the word “toxic” to the labels.

 

r.          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, according to Respondent, multiple people operate the acetone cleaning process, fill the acetone process container, empty the spent acetone in the “Used Acetone” container and run the acetone distillation unit. This container may be operated as a satellite accumulation container since it is at or near the point of generation and is under the control of the operator(s) of the process generating the waste. The container was not marked with the words “Hazardous Waste.”

 

s.          Pursuant to 40 CFR 261.4(a)(26)(v)(A), (B), and (C), generators must maintain at their site the following documentation: the name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes; documentation that the 180-day accumulation time limit in 40 CFR 261.4(a)(26)(ii) is being met; and a description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.

 

As noted during the inspection, Respondent did not have a written description of the process it is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.

 

On April 2, 2024. Respondent sent documentation via email a written description of the process it is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.

 

9.                Respondent submitted a response via email on December 12, 2024. Based on this submittal, Findings of Facts b, f, g, h, l, m, n and o are in compliance.

 

10.              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 listed in the findings of fact above.

 

3.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall determine in the future if generated solid waste as defined in 40 CFR 261.2 is a hazardous waste at the point of generation and have documentation of the waste determination available on Site when requested.

 

4.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.11(g). Specifically, Respondent shall ensure in the future if the waste is determined to be hazardous that all applicable EPA hazardous waste codes are identified as part of the waste determination.

 

5.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a). Specifically

Respondent shall ensure hazardous waste is not accumulated on site for more than 90 days, unless an extension has been granted per 40 CFR 262.17(b).

 

6.                  Upon the Effective Date, Respondent shall comply with 40 CFR 261.4(a)23. Specifically, Respondent shall comply with legitimate recycling of hazardous secondary materials in accordance with 40 CFR 260.43.

 

7.                  Upon the Effective Date, Respondent shall ensure in the future when completing the Biennial and/or Annual Reports as applicable for each year that the Handler Site ID Form correctly indicates Respondent’s Notification of Hazardous Secondary Material (HSM) activity.

 

8.                  Within thirty (30) days of the Effective Date, Respondent shall correct the Biennial Reports for reporting years 2021 and 2023 to note details about its on-site management of hazardous waste.

 

Obtain the forms from the contact listed below:

 

Miranda Johnson-Phillips

Indiana Department of Environmental Management

Data Management Section

100 North Senate Avenue

Indianapolis, Indiana 46204-2251

(317) 232-2747 | mphillip@idem.IN.gov

 

9.                  Upon the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(ii). Specifically, Respondent shall ensure all satellite containers are marked or labeled with all the applicable indication of the hazards.

 

10.              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

 

11.              Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Sixteen Thousand and Two Hundred Dollars ($16,200). 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.

 

12.              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 #8

 

$100 per week

 

Stipulated penalties shall begin to be assessed on the date after the Effective Date and shall continue until the documentation is submitted as required by the associated paragraph.

 

13.              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.

 

14.              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 11, above.

 

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

 

16.              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.

 

17.              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.

 

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

 

19.              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.

 

20.              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.

 

21.              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.

 

22.              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.

 

23.              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.

 

24.              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:

 

1/10/2025

 

Date:

 

 

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

By:

 

 

 

Printed:

 

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 20_____

 

 

 

 

 

 

For the Commissioner:

 

 

 

 

Signed 02/05/2025 By:

 

 

 

 

 

 

 

Brian Wolff

 

 

Assistant Commissioner

 

 

Office of Land Quality