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. 2025-30616-H
					)
WINONA POWDER COATING, INC.,					)
					)
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 Winona Powder Coating, Inc. (“Respondent”), which operates the facility located at 9876 W. Old US Hwy. 30, in Etna Green, Kosciusko 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:

Jamie Visker, President	Thomas A. Brodnik, Registered Agent
Winona Powder Coating, Inc.	Winona Powder Coating, Inc.
9876 W. Old Road 30	2177 Intelliplex Dr., Ste. 251
Etna Green, IN 46524	Shelbyville, IN 46176

5. Respondent is a non-notifier of Hazardous Waste Generator or Treatment, Storage, and Disposal activities.

6. Respondent conducts powder coating and electrocoating on aluminum and steel parts for marine and automotive industries.

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 October 30, 2024 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.13, a generator must determine its generator category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month.

At the time of the inspection, it was determined that Respondent shipped 3,700 pounds of a D002 hazardous waste generated from the disposal of unwanted chemicals on September 16, 2022. The facility failed to determine its generator category as a large quantity generator for that month.

b. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility shall notify the commissioner of its activities subject to this article on forms provided by the commissioner unless the activity is exempt from the notification requirements for very small quantity generators under 329 IAC 3.1-6.

At the time of the inspection, it was determined that Respondent shipped 3,700 pounds of a D002 hazardous waste generated from the disposal of unwanted chemicals on September 16, 2022. The facility failed to notify the commissioner of its large quantity generator status for that month.

c. Pursuant to IC 13-22-4-3.1(c), a person that:

(1) in any one (1) or more calendar months of a calendar year generates:

(A) more than one thousand (1,000) kilograms of hazardous waste;

(B) at least one (1) kilogram of acute hazardous waste; or

(2) accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste; or

(3) is a treatment, storage, or disposal facility;

shall, before March 1 of each year, submit to the department either the biennial report required by the United States Environmental Protection Agency concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, containing no more than a compilation of information from the Uniform Hazardous Waste Manifest form described in section 1(a) of this chapter, that summarizes the person's hazardous waste shipments during the previous calendar year.

At the time of the inspection, it was found that Respondent was a large quantity generator in September 2022 but failed to submit an annual report by March 1, 2023.

d. 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.

At the time of the inspection, it was found that Respondent shipped large quantity generator volumes of hazardous waste on September 16, 2022 on hazardous waste manifest 023462427JJK without entering a proper U.S. EPA ID number in box 1 of the manifest.

e. 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.

f. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is a hazardous waste.

At the time of the inspection, there were six (6) drums of a primer located at the end of the electrocoating line (west side of the building) that were quarantined for disposal but have not yet been characterized. Additionally, in May 2022, the facility disposed of approximately 1,000 gallons of Axalta EC 6100 Pigment/Resin, Flow Control, White Nylon Primer. According to the waste profile provided, the material is identified as both a non-RCRA hazardous waste and as a hazardous waste. The only shipping record for this material is an invoice from INSERV. It was unclear if this waste was hazardous or non-hazardous.

Subsequent to the inspection, on December 23, 2024, Respondent submitted adequate waste determination documentation showing the waste was nonhazardous.

g. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(a), the large quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements.

(3) Where more than one police or fire department might respond to an emergency, the large quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority.

At the time of the inspection, it was found that Respondent was a large quantity generator in September 2022 but failed to comply with the provisions of a large quantity generator including making arrangements with local authorities.

h. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.260(a), large quantity generator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

At the time of the inspection, it was found that Respondent was a large quantity generator in September 2022 but failed to develop a contingency plan.

i. 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.

At the time of the inspection, it was found that Respondent was a large quantity generator in September 2022 but failed to develop a quick reference guide.

j. Pursuant to 40 CFR 262.17(a)(7)(i)(A), facility personnel must successfully complete a program of classroom instruction, online training (e.g. computer-based or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part. The large quantity generator must ensure that this program includes all the elements described in the document required under paragraph (a)(7)(iv) of this section.

(B) This program must be directed by a person trained in hazardous waste management processes and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

(C) At a minimum, the training program must be designed to ensure facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable: (1) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; (2) Key parameters for automatic waste feed cut-off systems; (3) Communications or alarm systems; (4) Response to fires or emergencies; (5) Response to ground-water contamination incidents; and (6) Shutdown of operations.

(D) For facility employees that receive emergency response training pursuant to OSHA regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the conditions of exemption in this section.

At the time of the inspection, it was found that Respondent was a large quantity generator in September 2022 but failed to develop a training program.

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. Within sixty (60) days of the Effective Date, Respondent shall comply with 329 IAC 3.1-1-10. Specifically, Respondent shall submit a handler ID notifying that the facility was a large quantity generator in 2022.

4. Within sixty (60) days of the Effective Date, Respondent shall comply with IC 13-22-4-3.1(c). Specifically, Respondent shall submit an annual report for the waste generated and shipped in 2022.

5. Within sixty (60) days of the Effective Date, Respondent shall comply with 40 CFR 262.20 and 329 IAC 3.1-1-13. Specifically, Respondent shall correct manifest 023462427JJK in RCRAInfo by entering the facility’s handler ID number.

6. Upon the Effective Date, Respondent shall comply with 40 CFR 262.13. Specifically, Respondent shall accurately determine its generator category on a monthly basis.

7. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(a). Specifically, Respondent shall ensure that it attempts to make arrangements with local authorities should the facility become a large quantity generator in the future.

8. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.260(a). Specifically, Respondent shall ensure that it develops a contingency plan should the facility become a large quantity generator in the future.

9. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.262(b). Specifically, Respondent shall ensure that it develops a quick reference guide should the facility become a large quantity generator in the future.

10. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7)(i)(A). Specifically, Respondent shall ensure that it develops a training program should the facility become a large quantity generator in the future.

11. 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

12. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Six Thousand Two Hundred Dollars ($6,200). 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.

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 per week
Order paragraph 4	$100 per week
Order paragraph 5	$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.

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:
Department of Environmental Management

By:			By:
	Jennifer Reno, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:	6/20/2025		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 on 7/17/2025

			Brian Wolff
			Assistant Commissioner
			Office of Land Quality