n.

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. 2024-30306-H

 

 

)

 

PIONEER METAL FINISHING, LLC,

 

)

 

 

 

)

 

Respondent.

 

)

 

 

AGREED ORDER

 

Complainant and Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order. Pursuant to Indiana Code (“IC”) 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.

 

I. FINDINGS OF FACT

 

1.                  Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management (“IDEM”), a department of the State of Indiana created by IC 13-13-1-1.

 

2.                  Respondent is Pioneer Metal Finishing, LLC (“Respondent”), which operates the company with United States Environmental Protection Agency (“EPA”) ID No. IND005462890, located at 2424 Fountain Drive, 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”) on September 25, 2024 via certified mail to:

 

Douglas Chapple, CEO for

C T Corporation System,

Pioneer Metal Finishing, LLC

Registered Agent for

480 Pilgrim Way, Suite 1400

Pioneer Metal Finishing, LLC

Green Bay, Wisconsin 54304-5279

334 North Senate Avenue

 

Indianapolis, Indiana 46204

 

5.                  Respondent notified EPA of Large Quantity Generator (“LQG”) activities on February 26, 2024.

 

6.                  Respondent performs custom metal finishing and coating.

 

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 July 15, 2024, conducted by a representative of IDEM, the following violations were found:

 

a.                   Pursuant to 40 Code of Federal Regulations (“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.

 

Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), a person may not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM.

 

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

 

As noted during the inspection, seven (7) 275-gallon totes of D002 hazardous waste nickel nitrate were accumulated in the waste storage area for greater than 90 days. Accumulation start dates were March 6, 2024, March 12, 2024, March 14, 2024, March 19, 2024, April 1, 2024, April 1, 2024, and April 12, 2024.

 

b.                  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 May 30, 2017 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:

 

(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.

(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, residential areas to understand how best to get to the facility and also evacuate citizens and workers.

(6)   The locations of water supply.

(7)   The identification of on-site notification systems; 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.

 

As noted during the inspection, a quick reference guide (“QRG”) was not available.

 

c.                   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, annual refresher training for employees with hazardous waste duties were not provided.

 

d.                  Pursuant to 40 CFR 262.17(a)(7)(iv), certain hazardous waste training related documents and records including job title, job descriptions, a description of the type and amount of required training, and completion documents with respect to the hazardous waste management training must be maintained on-site.

 

As noted during the inspection, a written training program including the type and amount of training to be given to staff with hazardous waste duties was unable to be provided.

 

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

 

As noted during the inspection, one satellite accumulation container of F005 contaminated cotton-tip applicators located in the masking area was not marked or labeled with the words “Hazardous Waste.”

 

At the time of the inspection, this violation was corrected.

 

f.                    Pursuant to 40 CFR 262.15(a)(5)(ii), a generator must mark or label its satellite hazardous waste containers with an indication of the hazards of the contents.

 

As noted during the inspection, one satellite accumulation container of F005 contaminated cotton-tip applicators located in the masking area was not marked or labeled with the indication of its toxicity.

 

At the time of the inspection, this violation was corrected.

 

g.                  Pursuant to 40 CFR 261.4(a)(26)(i) referencing 329 IAC 3.1-6-2(13), solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided that the solvent-contaminated wipes, when accumulated, stored, and transported, are contained in nonleaking, closed containers that are labeled “Excluded Solvent-Contaminated Wipes” or with other words indicating the contents of the container.

 

As noted during the inspection, three (3) containers of solvent-contaminated wipes located in the masking area were not marked or labeled with the words “Excluded Solvent-Contaminated Wipes” or with other words indicating the contents of the container.

 

At the time of the inspection, this violation was corrected.

 

h.                  Pursuant to 40 CFR 261.4(a)(26)(v)(A), (B), (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 could not demonstrate that it had a written description of the process used 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. Additionally, Respondent could not provide the name and address of the laundry or dry cleaning service that received the solvent-contaminated wipes.

 

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

 

II. ORDER

 

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

 

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

 

3.                  Within thirty (30) days of the             Effective Date, Respondent shall comply with 40 CFR 262.17(a), IC 13-30-2-1(10), 40 CFR 270.1(c), and 329 IAC 3.1-1-10. Specifically, Respondent shall not store hazardous waste on site for greater than 90 days and shall dispose of all hazardous waste at a permitted TSDF and submit a copy of disposal manifest(s). Stipulated penalties as stated in Order paragraph 10 will begin on the 31st day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

 

4.                  Within thirty (30) days of the Effective Date, Respondent shall submit a hazardous waste closure plan for the waste storage area to IDEM for approval. Contact the case manager for how to submit the closure plan. The closure plan shall be completed in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1.

 

5.         Within ten (10) days of notice of IDEM’s approval of the closure plan, Respondent shall implement the plan as approved and in accordance with the time frames contained therein.

 

6.         In the event IDEM determines that any plan submitted by Respondent is deficient or otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM in accordance with IDEM's notice.  After three (3) submissions of such plan by Respondent, IDEM may modify and approve any such plan and Respondent must implement the plan as modified by IDEM.  The approved plan shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof.

 

7.         Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6)/40 CFR 262.262(b). Specifically, Respondent shall submit a copy of the QRG to IDEM for review. Stipulated penalties as stated in Order paragraph 10 will begin on the 31st 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)(7)(iii). Specifically, Respondent shall have all employees with hazardous waste duties complete an annual refresher training and submit documentation to IDEM. Stipulated penalties as stated in Order paragraph 10 will begin on the 31st day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

 

9.         Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7)(iv). Specifically, Respondent shall develop a written training program including but not limited to the type and amount of training to be given to staff with hazardous waste duties and submit to IDEM. Stipulated penalties as stated in Order paragraph 10 will begin on the 31st day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

 

10.              Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 261.4(a)(26)(v)(A), (B), (C). Specifically, Respondent shall develop a written description process ensuring solvent-contaminated wipes contain no free liquids at the point of being laundered, and also include the name and address of the laundry service that receives the solvent-contaminated wipes and submit to IDEM. Stipulated penalties as stated in Order paragraph 10 will begin on the 31st day from the Effective Date and will continue until the documentation is submitted as required by this paragraph.

 

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

 

Jodi Pisula, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

12.              Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twelve Thousand Eight Hundred Dollars ($12,800.00). Said penalty amount shall be due and payable in eight (8) monthly installments of One Thousand Six Hundred Dollars ($1,600.00). Respondent shall pay the first installment by the due date printed on the Invoice, as attached. Respondent shall pay by the due date printed on subsequent invoices in accordance with the agreed upon payment plan.

 

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.

 

13.              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 #3

$100.00 per week

Order paragraph #4

$100.00 per week

Order paragraph #5

$500.00 per week

Order paragraph #7

$100.00 per week

Order paragraph #8

$100.00 per week

Order paragraph #9

$100.00 per week

Order paragraph #10

$100.00 per week

 

14.              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.

 

15.              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 12, above.

 

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

 

17.              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.

 

18.              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.

 

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

 

20.              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.

 

21.              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.

 

22.              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.

 

23.              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.

 

24.              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.

 

25.              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:

Pioneer Metal Finishing, LLC

Department of Environmental Management

 

 

 

 

By:

 

 

By:

 

 

Jennifer Reno, Chief

Printed:

 

 

Land Enforcement Section

Title:

 

 

Compliance Branch

 

 

 

Office of Land Quality

 

 

Date:

 

 

 

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 11/7/2024

 

 

 

 

 

 

 

 

Brian Wolff

 

 

Assistant Commissioner

 

 

Office of Land Quality