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. 2024-30322-H
					)
CHASE MANUFACTURING, 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 Chase Manufacturing, LLC (“Respondent”), which operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR000142463 located at 506 S. Oakland Ave., in Nappanee, Elkhart County, Indiana (“Site”).

3. IDEM has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via certified mail to:

Earl Yutzy, Production Manager	Tony S. Miller, Registered Agent for
Chase Manufacturing, LLC	Chase Manufacturing, LLC
506 S. Oakland Ave.	506 S. Oakland Ave.
Nappanee, IN 46550	Nappanee, IN 46550

5. Respondent notified EPA of Large Quantity Generator activities on January 12, 2024.

6. Respondent is a manufacturer of wood cabinet components.

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 15, 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 inspection, Respondent did not make hazardous waste determinations on fifteen (15) total 55-gallon drums of aerosol cans generated from maintenance activities, universal waste bulbs, and solvent-contaminated wipes generated by Respondent.

b. Pursuant to 40 CFR 262.17(a)(1)(iv)(A), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

As noted during the inspection, Respondent stored one (1) 55-gallon container of spent solvent from paint booths open.

c. Pursuant to 40 CFR 262.17(a)(1)(v), at least weekly, the large quantity generator must inspect central accumulation areas. The large quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors.

As noted during the inspection, Respondent failed to conduct weekly inspections of two (2) less-than-90-day containers storing spent solvent from paint booths and three (3) 55-gallon drums of unusable product, Chemcraft HS REL Prime Sealer, stored at the south side of the building.

Subsequent to the inspection, on February 25, 2025, weekly inspection logs from January 5, 2024, to June 28, 2024, were submitted to IDEM.

d. Pursuant to 40 CFR 262.17(a)(5)(i)(A), a large quantity generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container is labeled or marked clearly with the words “Hazardous Waste.”

As noted during the inspection, Respondent accumulated hazardous waste on-site and did not label or clearly mark three (3) 55-gallon drums of unusable product, Chemcraft HS REL Prime Sealer, with the words “Hazardous Waste.”

e. Pursuant to 40 CFR 262.17(a)(5)(i)(B), a large quantity generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container is labeled or marked with an indication of the hazards of the contents.

As noted during the inspection, Respondent accumulated hazardous waste on-site and did not label or clearly mark ten (10) 55-gallon hazardous waste containers with an indication of the toxicity hazards of the contents. These drums were labeled with the flammability hazard.

f. Pursuant to 40 CFR 262.17(a)(5)(i)(C), a large quantity generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container.

As noted during the inspection, Respondent accumulated hazardous waste on-site and did not mark six (6) 55-gallon hazardous waste containers with accumulation start dates. Two of the drums (D001, D035, F003, F005) were stored inside and used to collect spent solvent from the paint booths; one (1) drum (D001, D035, F003, F005) was stored in the less than 90-day area located outside; and three drums of unusable prime sealer (D001) were stored at the south side of the building.

Subsequent to the inspection, on January 27, 2025, Respondent submitted a photograph of one (1) drum (D001, D035, F003, F005) hazardous waste stored in the less than 90-day accumulation area located outside that had been marked with an accumulation start date of March 5, 2024.

g. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(b), a 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 arrangements made with local emergency agencies or had not attempted to make arrangements with local authorities.

Subsequent to the inspection, on February 20, 2025, Respondent submitted documentation of correspondence with the local fire department which occurred on August 3, 2018. On March 19, 2024, documentation was sent to the local fire department, police department, and local emergency planning committee.

h. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.263, a facility’s contingency plan must be amended whenever applicable regulations are revised; the plan fails in an emergency; the facility changes its design, construction, or operation; or the list of emergency coordinators or emergency equipment changes.

As noted during the inspection, Respondent failed to amend the contingency plan to reflect current primary and secondary emergency coordinators.

Subsequent to the inspection, on March 19, 2024, the contingency plan was updated.

i. Pursuant to 40 CFR 262.17(a)(7)(ii), facility personnel must complete a program of classroom instruction, online training, or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training.

As noted during the inspection, Respondent did not provide employee Toby Miller with initial hazardous waste training.

Subsequent to the inspection, on February 20, 2025, training documentation for Toby Miller from May 10, 2016, was provided.

j. Pursuant to 40 CFR 262.17(a)(7)(iii), facility personnel must complete a program of classroom instruction, online training, or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training.

As noted during the inspection, Respondent did not provide employee Jose Valdez Landeros with annual hazardous waste training.

Subsequent to the inspection, it was discovered that Jose Valdez Landeros had been scheduled to attend training but was transferred to another facility before that training occurred.

k. 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 time inspection, Respondent accumulated hazardous waste in 5-gallon containers in the coating/paint booths and did not properly mark these satellite accumulation containers with the words “Hazardous Waste.”

l. 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, Respondent accumulated hazardous waste in 5-gallon containers in the coating/paint booths and did not properly mark these satellite accumulation containers with an indication of the hazards of the contents.

m. Pursuant to 329 IAC 3.1-16-2(4), 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 had not labeled universal waste bulbs located at the southeast corner of the inside of the building and the southeast corner of the outside of the building with the proper wording.

Subsequent to the inspection, on May 6, 2024, the universal waste bulbs were sent to Veolia for proper disposal.

n. Pursuant to 40 CFR 273.13(d), a small quantity handler of universal waste must manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1) A small quantity handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

(2) A small quantity handler of universal waste must immediately clean up and place in a container any lamp that is broken and must place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents of the lamps and must lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.

As noted during the inspection, Respondent was not managing universal waste lamps in a manner that prevents releases to the environment in accordance with 40 CFR 273.13(d).

Subsequent to the inspection, on May 6, 2024, the universal waste bulbs were sent to Veolia for proper disposal.

o. Pursuant to 329 IAC 13-4-3(c), containers and above ground tanks used to store used oil must be in good condition and not leaking.

As noted during the inspection, one (1) 275-gallon used oil container stored outside at the southeast corner of the property was not in good condition and was leaking.

Subsequent to the inspection, on May 16, 2024, the used oil was shipped to Green America Recycling LLC.

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

As noted during the inspection, Respondent did not label one (1) 275-gallon used oil container stored outside at the southeast corner of the property with the words “Used Oil.”

Subsequent to the inspection, on May 16, 2024, the used oil was shipped to Green America Recycling LLC.

q. Pursuant to 40 CFR 261.4(a)(26)(i), 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 closed containers. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.

As noted during the inspection, solvent-contaminated wipes were stored in open containers in the painting and coating booths, the paint kitchen, and mixing room.

r. Pursuant to 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 labeled “Excluded Solvent-Contaminated Wipes” or with other words indicating the contents of the container.

As noted during inspection, solvent-contaminated wipes were stored in unlabeled containers or containers with illegible labels.

s. Pursuant to 40 CFR 261.4(a)(26)(v)(A), generators must maintain documentation of the name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes.

As noted during the inspection, Respondent did not have documentation of the name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes.

Subsequent to the inspection, on February 20, 2025, Respondent submitted documentation that Wildman Uniform & Linen was laundering the solvent-contaminated wipes for the site.

t. Pursuant to 40 CFR 261.4(a)(26)(v)(B), generators must maintain documentation that the 180-day accumulation time limit for solvent-contaminated wipes is being met.

As noted during the inspection, Respondent did not have documentation that the 180-day accumulation time limit for solvent-contaminated wipes is being met.

Subsequent to the inspection, on February 20, 2025, Respondent submitted documentation that shows their procedure for handling solvent-contaminated wipes; the used rags are shipped for laundering weekly.

u. Pursuant to 40 CFR 261.4(a)(26)(v)(C), generators must maintain documentation describing 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 documentation describing 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.

Subsequent to the inspection, on February 20, 2025, Respondent submitted documentation that shows their procedure for handling solvent-contaminated wipes.

v. 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, the facility had not developed a quick reference guide.

Subsequent to the inspection, on March 19, 2024, a quick reference guide for the facility was submitted to IDEM.

w. Pursuant to 40 CFR 262.17(a)(7)(iv), the large quantity generator must maintain the following documents and records at the facility:

(A) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

(B) A written job description for each position listed under paragraph (a)(7)(iv)(A) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position;

(C) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (a)(7)(iv)(A) of this section;

(D) Records that document that the training or job experience, required under paragraphs (a)(7)(i), (ii), and (iii) of this section, has been given to, and completed by, facility personnel.

As noted during the inspection, Respondent did not have required specificity, requisite skill, education or qualifications, and duties documented on-site for facility personnel assigned to each position.

Subsequent to the inspection, on March 19, 2024, required job descriptions were submitted to IDEM.

x. Pursuant to 40 CFR 262.15(a)(4), a satellite accumulation container holding hazardous waste must be closed at all times during accumulation, except when adding, removing or consolidating waste.

As noted during the inspection, Respondent accumulated hazardous waste in satellite accumulation containers that were not closed.

During the inspection, the satellite containers were closed.

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 listed in the findings of fact above.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall ensure proper waste determinations are conducted on any newly generated waste streams.

4. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(1)(iv)(A). Specifically, Respondent shall close all hazardous waste containers unless adding or removing waste.

5. Upon the Effective Date, Respondent shall comply with 262.17(a)(1)(v). Specifically, Respondent shall ensure weekly inspections are being conducted no less frequently than every seven (7) days and shall submit copies of the weekly inspection reports to IDEM for a period of three (3) months after the Effective Date.

6. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(A). Specifically, Respondent shall ensure all containers storing hazardous waste are labeled with the words “Hazardous Waste.”

7. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B). Specifically, Respondent shall ensure all containers storing hazardous waste are labeled with all applicable indications of hazards.

8. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(C). Specifically, Respondent shall ensure all containers storing hazardous waste are labeled with the accumulation start date.

9. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7)(iii). Specifically, Respondent shall ensure all employees receive the annual training review as required.

10. Upon the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(i). Specifically, Respondent shall ensure all 5-gallon satellite containers located in paint booths are labeled with the words “Hazardous Waste.”

11. Upon the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(ii). Specifically, Respondent shall ensure all 5-gallon satellite containers located in paint booths are labeled with the indication of hazards.

12. Upon the Effective Date, Respondent shall comply with 40 CFR 261.4(a)(26)(i). Specifically, Respondent shall ensure solvent-contaminated wipes are stored in closed containers.

13. 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

14. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty-Three Thousand Two Hundred Dollars ($23,200). 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

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.

15. 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	$250 per event
Order paragraph 4	$250 per event
Order paragraph 5	$250 per event
Order paragraph 6	$250 per event
Order paragraph 7	$250 per event
Order paragraph 8	$250 per event
Order paragraph 9	$250 per event
Order paragraph 10	$250 per event
Order paragraph 11	$250 per event
Order paragraph 12	$250 per event

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.

16. 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.

17. 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 14, above.

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

19. 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.

20. 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.

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

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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:			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 on April 29, 2025
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality