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BEFORE THE
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ENVIRONMENTAL
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COMMISSIONER
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ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2024-30456-H |
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belden 2010 inc. D/b/a Belden wire and cable company, |
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Respondent. |
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AGREED ORDER
Complainant
and Respondent desire to settle and
compromise this action without hearing or adjudication of any issue of fact or
law, and consent to the entry of the following Findings of Fact and Order.
Pursuant to Indiana Code (“IC”) 13-30-3-3, entry into the terms of this Agreed Order
does not constitute an admission of any violation contained herein.
Respondent’s entry into this Agreed Order
shall not constitute a waiver of any defense, legal or equitable, which
Respondent may have in any future administrative
or judicial proceeding, except a proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant
is the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management (“IDEM”), a department of the State of Indiana created by IC
13-13-1-1.
2.
Respondent is Belden 2010 Inc. d/b/a Belden Wire and Cable
Company (“Respondent”), which owns/operates the facility with United States
Environmental Protection Agency (“EPA”) ID No. IND006421374, located at 350
Northwest North Street, in Richmond, Wayne 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:
Ashish Chand, President Corporation Service Company,
Registered
Belden 2010 Inc. d/b/a Belden Wire Agent for Belden 2010 Inc. d/b/a Belden
and Cable Company Wire
and Cable Company
1 North Brentwood Boulevard, 15th Floor 135 North Pennsylvania Street, Suite
1610
St. Louis, MO 63105 Indianapolis, IN 46204
5.
Respondent notified EPA of Large Quantity Generator activities.
6.
Respondent manufactures singular and stranded
wire for communications and data transmission.
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.
A
Referral to Land Enforcement Section Letter which required a response to
violation within 30 days was issued to the Respondent on May 31, 2024 (VFC#
83646147). Respondent submitted a response on June 21, 2024, and July 15, 2024
(VFC# 83707343). Based upon the responses received from Respondent and
subsequent conversations, a Hazardous Waste Inspection Continuation/Description
of Additional Violations was issued to Respondent on October 4, 2024 (VFC#
83707343).
9.
During
an investigation including an
inspection on April 25, 2024, conducted by a representative of IDEM, the
following violations were found:
a. Pursuant
to 40 CFR 262.11(a), the hazardous waste determination for each solid waste
must be made at the point of waste generation.
As noted
during the inspection, Respondent did not make hazardous waste determinations
on the following:
·
Two (2) 55-gallon drums located in the
northeast corner of the plating area.
·
Seven (7) 55-gallon drums located in the
basement along the west wall of Building 19 in the empty drum staging area. Three (3) of
the drums contained an unknown white sludge and one (1) was labeled unregulated
sludge the source of which was unknown. Three of the drums could not be
accessed and the contents were unknown.
·
Five (5) 5-gallon pails located in the basement
along the south wall of Building 19 basement.
·
Two (2) 55-gallon drums located in the basement
in the east storage area.
·
Contaminated wipes and sponges generated from cleaning printing equipment and oily wipes.
·
Numerous small containers stored in multiple
storage cabinets located in the Facility Maintenance Area of the basement
(south side of basement) containing unusable products.
·
A mixture of used oil and plating waste from
overflow from WWT Tank 1 and its containment (north containment pit).
·
Wastewater, after WWT Tank 2, and prior to
being added to the 20,000-gallon tank. Evaluate for
characteristics.
·
Spent filters generated from the plating line
and F006 applicability.
·
Used oil/F006 sludge mixture. Evaluate for characteristics.
Additionally,
an improper waste determination was made for used oil commingled with a listed
hazardous waste (F006). The waste was improperly determined to be used oil and
handled as such. An improper waste determination was made on the solvent wipes
containing chloroform (D022). Wipes contaminated with D022 cannot be managed
under the solvent contaminated wipes exclusion and must be managed as hazardous
waste (F003/D001/D022/D035).
On June 21,
2024, Respondent submitted documentation deemed adequate for the following:
·
Five (5) 5-gallon pails located in the basement
along the south wall of Building 19 basement.
·
Two (2) 55-gallon drums located in the basement
in the east storage area.
·
Used oil/F006 sludge mixture improperly
determined to be used oil, was determined not to exhibit additional hazardous
characteristics.
On April 23,
2025, Respondent submitted documentation deemed adequate for the
following:
·
Two (2) 55-gallon drums located in the
northeast corner of the plating area.
·
Seven (7) 55-gallon drums located in the
basement along the west wall of Building 19 in the empty drum staging area.
b.
Pursuant to 40 CFR 262.11(g), 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.
As noted
during the inspection, Respondent did not identify all applicable EPA hazardous
waste numbers for used oil commingled with F006 hazardous waste. Respondent
shipped the waste as oily wastewater and/or used oil through Superior
Environmental Solutions on March 21, 2024, and Valicor
Environmental Services, LLC on April 17, 2024. The waste was shipped as used
oil to Safety Kleen prior to the March and April 2024 shipments.
c.
Pursuant to 40 CFR 262.10(a)(3), a generator
shall not transport, offer its hazardous waste for transport, or otherwise
cause its hazardous waste to be sent to a facility that is not a designated
facility as defined in 40 CFR 262.10, or not otherwise authorized to receive
the generator’s hazardous waste.
As noted
during the inspection, Respondent generated used oil commingled with F006
hazardous waste and shipped as oily wastewater and/or used oil through Superior
Environmental Solutions on March 21, 2024, and Valicor
Environmental Services, LLC on April 17, 2024. The receiving facilities are not
permitted to accept hazardous waste. The waste was shipped as used oil to
Safety Kleen prior to the March and April 2024 shipments.
d.
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 in the basement near the wastewater treatment area where two (2)
55-gallon containers of F006 dated February 1, 2024, were stored.
e.
Pursuant to 40 CFR
262.17(a)(1)(vi)(B), the large quantity generator must take precautions to
prevent accidental ignition or reaction of ignitable or reactive waste. This
waste must be separated and protected from sources of ignition or reaction
while ignitable or reactive waste is being handled. The large quantity
generator must confine smoking and open flame to specially designated
locations. “No Smoking” signs must be conspicuously placed wherever there is a
hazard from ignitable or reactive waste.
As noted during the inspection, Respondent failed to post a “No Smoking”
sign in the less than 90-day area where ignitable hazardous waste is stored.
On July 15, 2024, Respondent submitted photographic documentation
of the posted signage.
f.
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, without a permit, and did not label or clearly mark hazardous waste
containers with the words “Hazardous Waste.” Specifically, one (1) 55-gallon
container of wipes with solvents and inks in the less than 90-day storage shed
and three (3) 1-gallon containers of unusable HCL (D002) stored in the
laboratory were not marked or labeled with the words “Hazardous Waste.”
g.
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, without a permit, and did not label or clearly mark containers with an
indication of the hazards of the contents. Specifically, one (1) 55-gallon
container of wipes with solvents and inks in the less than 90-day storage shed
was not marked with an indication of the hazards of the contents.
h.
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, without a permit, and did not mark hazardous waste containers with
accumulation start dates. Specifically, one (1) 55-gallon container of wipes
with solvents and inks and one (1) 55-gallon drum of D001/F003 hazardous waste
in the less than 90-day storage shed, and three (3) 1-gallon containers of D002
stored in the laboratory were not marked with an accumulation start date.
On July 15, 2024, Respondent submitted documentation that the HCL
containers are still in process and not yet waste.
i.
Pursuant
to 40 CFR 262.17(a)(2) referencing 40 CFR 265.190, if waste is placed in tanks,
the large quantity generator must comply with the applicable requirements of
Subpart J.
As noted
during the inspection, hazardous waste was stored in the following tanks which
did not meet the requirements of Subpart J:
·
One (1) 1,500-gallon poly tank located in the
basement.
·
One (1) 2,800-gallon poly tank located in the
basement.
On April 24,
2025, Respondent submitted a flow diagram for system changes made to the
process.
j.
Pursuant
to 40 CFR 262.17(a)(6) referencing 40 CFR 262.251, a large quantity generator
must maintain and operate the 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, Respondent failed to properly manage the following areas
to minimize a release to the environment:
·
Spent solvent used at the ink jet and ring band
stations. Solvent and inks used in the processes that
are not captured in small containers at the stations are allowed to flow
directly to the floor or onto various absorbents (rags, sponges, absorbent
pads, and socks) either on the printing units or on the floor under the units.
Staining was significant in several of the areas.
·
Quench and dip oils leaked to areas of the
first floor and/or to the containment areas of the filtering units in the north
and south areas of the basement. The north side containment pit also houses the
wastewater treatment system for plating waste, generating F006 waste. Tank 1 of
the WWT system overflows into the north containment pit and is pumped to the
20,000-gallon tank along with the quench and dip oils. Additionally, F006
liquid is also pumped from the centrifuge and/or Tank 2 to the 20,000-gallon
tank, and then to the evaporator and then to two poly tanks. The two poly tanks
are not managed as Subpart J tanks.
·
Liquids and debris were observed on the floor
of the tin plating area and under the plating lines. The liquid was within a bermed area of the plating department.
On February 28, 2025, Respondent submitted photographic documentation of
the cleanup of these areas.
k.
Pursuant to 40 CFR 262.17(a)(6) referencing 40
CFR 262.261, the content of the contingency plan must include the following: a
description of appropriate actions, arrangements with local emergency response
teams, contact information for the emergency coordinators, emergency equipment,
and an evacuation plan.
As noted during the inspection,
Respondent's contingency plan did not include all of
the required information. Specifically, the emergency coordinators list was
outdated.
On July 15, 2024, Respondent submitted a
revised contingency plan.
l.
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,
Respondent failed to develop a quick reference guide to the contingency plan.
On July 15, 2024, Respondent developed
and submitted a quick reference guide.
m.
Pursuant
to 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a), a generator must determine
if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land
disposed.
As noted
during the inspection, Respondent did not have the required land disposal
restriction documentation for used oil commingled with a listed hazardous waste
(F006).
On February
28, 2025, Respondent provided a copy of the LDR for F006 disposal.
n.
Pursuant
to 40 CFR 262.20, a generator who transports, or offers for transportation,
hazardous waste for offsite treatment, storage, or disposal, must prepare a manifest. A generator must designate on the manifest one
facility which is permitted to handle the waste described on the manifest. A
generator 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.
Pursuant to
IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is
required by law.
As noted
during the inspection, Respondent generated used oil commingled with a F006
hazardous waste. The waste was improperly determined to be used oil and shipped
as oily wastewater and/or used oil through Superior
Environmental Solutions on March 21, 2024, and Valicor
Environmental Services, LLC on April 17, 2024, without
preparing a hazardous waste manifest. The waste was shipped as used oil to
Safety Kleen prior to the March and April 2024 shipments.
o.
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 failed to utilize the assigned U.S. EPA
identification number when it generated used oil commingled with a F006
hazardous waste and shipped as oily wastewater and/or used oil through Superior
Environmental Solutions on March 21, 2024, and Valicor
Environmental Services, LLC on April 17, 2024. The waste was shipped as used
oil to Safety Kleen prior to the March and April 2024 shipments.
p.
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 one (1) 55-gallon container
fitted with an aerosol can puncturing device, one (1) 55-gallon container of
D002/F006 waste, and two (2) containers of used wipes with F003/D001/D022/D035
solvents and inks in satellite accumulation containers that were not closed.
On July 15,
2024, Respondent submitted photographic documentation of the container fitted
with an aerosol can puncturing device closed.
q.
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, Respondent accumulated one (1) 55-gallon container of
D002/F006 waste and containers of wipes with F003/D001/D022/D035 solvents and
inks in the extruder, vulcanization, and lacquer areas and did not properly
mark the satellite accumulation containers with the
words “Hazardous Waste.”
On July 15, 2024, Respondent submitted
photographic documentation of the D002/F006 container labeled with the words
“Hazardous Waste.”
r.
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 containers of wipes with F003/D001/D022/D035
solvents and inks in the extruder, vulcanization, and lacquer areas and did not
properly mark the satellite accumulation containers with an indication of the
hazards of the contents.
s.
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
universal waste to the environment in containers that must remain closed.
As noted
during the inspection, Respondent did not store one (1) 4-foot box of universal waste lamps in the wire drawing maintenance
area and two (2) 4-foot boxes of universal waste lamps in the universal waste
storage area in the southeast portion of the basement closed.
On July 15, 2024,
Respondent submitted photographic documentation of the containers closed.
t.
Pursuant
to 329 IAC 13-4-2(a), mixtures of used oil and hazardous waste must be managed
in accordance with 329 IAC 13-3-1(b). Pursuant to 329 IAC 13-3-1(b)(2), used
oil mixed with characteristic hazardous waste identified in 40 CFR 261, Subpart
C, revised as of July 1, 2005, is subject to 329 IAC 3.1, Hazardous Waste
Management Permit Program and Related Hazardous Waste Management and 329 IAC
3.1-7-1, Adoption of federal standards applicable to generators of hazardous
waste.
As noted
during the inspection, Respondent failed to manage used oil mixed with listed
waste (D002/F006) as hazardous waste. Specifically, the mixture of waste is
generated from dip and quench oils, filtered in the basement, processed and/or
leaking from filtration equipment and plating treatment waste, a D002/F006
waste.
As noted during the inspection,
Respondent did not label used oil containers with the words “Used Oil.”
Specifically, Respondent failed to label the following containers of used oil with
the words “Used Oil”:
·
Eight
(8) 55-gallon drums in east side storage shed.
·
One
(1) 5-gallon pail at a wire drawing machine.
·
One
(1) 275-gallon tote in the basement on the west side of Building 19.
·
The
containment pits.
On July 15, 2024,
Respondent submitted photographic documentation of used oil containers labeled
as such.
v.
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.
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.
Pursuant
to 40 CFR 270.1(c), a permit is required for the treatment, storage, and
disposal of any hazardous waste as identified or listed in 40 CFR Part 261.
As
noted during the inspection, Respondent stored hazardous waste identified or
listed in 40 CFR Part 261 without a permit. Specifically, Respondent stored one
(1) 55-gallon container of used wipes (F003/D001/D022/D035) in the less than
90-day storage shed since October/November 2023.
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.
Within thirty (30)
days of the Effective Date, Respondent shall comply with 40 CFR 262.11.
Specifically, Respondent shall complete a waste determination on the following:
·
Numerous
small containers stored in multiple storage cabinets located in the Facility
Maintenance Area of the basement (south side of basement) containing unusable
products.
·
A mixture of used oil and plating waste from the
overflow from WWT Tank 1 and its containment (north containment pit). Submit
sampling results.
·
Wastewater, after WWT Tank 2, and prior to
being added to the 20,000-gallon tank. Evaluate for
characteristics and submit sampling results.
·
Spent filters generated from the plating line
and F006 applicability. Evaluate for characteristics and
submit sampling results.
If the waste is hazardous, it shall be managed
according to the applicable regulations.
4.
Within forty-five
(45) days of the Effective Date, Respondent shall submit to IDEM waste
determination documentation required in Order paragraph 3.
5.
Within thirty (30) days of the Effective Date,
Respondent shall submit the disposal documentation for the numerous small
containers that were stored in multiple storage cabinets located in the
Facility Maintenance Area of the basement.
6.
Upon the Effective Date, Respondent shall
comply with 40 CFR 262.11 and 329 IAC 13-4-2(a). An improper waste
determination was conducted for the used oil mixed with F006 waste and wipes that
contain chloroform (D022). Properly manage the mixture of used oil with F006
waste as hazardous waste. Properly manage the chloroform containing wipes as a
hazardous waste (D022).
7.
Within
forty-five (45) days of the Effective Date, Respondent shall comply with 40 CFR
262.11(g). Specifically, Respondent shall submit to IDEM hazardous waste
manifests for shipments of the F006 waste stream and D022 wipes listed in Order
paragraph 6 with all applicable waste codes identified.
8.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(A) and 40 CFR 262.15(a)(5)(i).
Specifically, Respondent shall ensure all generator and
satellite accumulation containers are labeled or marked clearly with the
words “Hazardous Waste.”
9.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B) and 40 CFR 262.15(a)(5)(ii).
Specifically, Respondent shall ensure all generator and satellite accumulation
containers are labeled or clearly marked with an indication of the hazards of
the contents.
10.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(C). Specifically, Respondent shall ensure all generator accumulation
containers are marked with an accumulation start date.
11.
Within
thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR
262.17(a)(2) referencing 40 CFR 265.190. Specifically, Respondent shall submit a
written description of the process changes to IDEM in order
to demonstrate the 1,500-gallon and 2,800-gallon poly tanks located in
the basement would no longer be subject to Subpart J requirements. Submit cleanout documentation for these tanks
to IDEM.
12.
Within
thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR
262.17(a)(6) referencing 40 CFR 262.251. Specifically, Respondent shall
institute repairs and clean up all released waste in the ink jet and ring band
stations, tin plating area and under the plating lines, and to areas of the
first floor and/or to the containment areas of the filtering units in the north
and south areas of the basement, and submit to IDEM repair documentation and
disposal documentation for the cleaned up wastes.
13.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.20 and IC
13-30-2-1(12). Specifically, Respondent shall properly manifest hazardous waste
prior to shipment.
14.
Upon
the Effective Date, Respondent shall comply with 329 IAC 3.1-1-13.
Specifically, Respondent shall use their assigned EPA Identification Number on
manifests.
15.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(4). Specifically, Respondent shall ensure that
the one (1) 55-gallon container of D002/F006 waste and two (2) containers of
used wipes with solvents and inks are stored closed expect to add, remove or
consolidate waste.
16.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.17, IC 13-30-2-
1(10), and 40 CFR 270.1(c).
Specifically, Respondent shall not store hazardous waste onsite for greater
than 90 days as a large quantity generator unless an extension is obtained
prior to the expiration of the 90-day time period.
17.
Within
fifteen (15) days of the Effective Date, Respondent shall submit a copy of the
hazardous waste manifest documenting the proper disposal of the one (1)
55-gallon container of used wipes (F003/D001/D022/D035) in the less than 90-day
storage shed since October/November 2023.
18.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
|
Debbie Chesterson, 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 Fifty-Two
Thousand Three Hundred Sixty Dollars ($52,360). 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.
20.
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 Order
paragraph #4 Order
paragraph #5 Order
paragraph #7 Order
paragraph #11 Order
paragraph #12 Order
paragraph #17 |
$100
per week $100
per week $100
per week $100
per week $100
per week $100
per week $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.
21.
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.
22.
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 19,
above.
23.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
24.
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.
25.
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.
26.
Respondent shall
ensure that all contractors, firms, and other persons performing work under
this Agreed Order comply with the terms of this Agreed Order.
27.
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.
28.
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.
29.
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.
30.
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.
31.
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.
32.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
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APPROVED
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