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. 2024-30618-H
					)
the sherwin-williams compAny,					)
					)
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 The Sherwin-Williams Company (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IND069763639, located at 2504 Marina Drive, in Elkhart, 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”) certified mail to:

Stephen J. Perisutti, President Corporation Service Company, Registered

The Sherwin-Williams Company Agent for The Sherwin-Williams Company

101 West Prospect Avenue 135 North Pennsylvania Street, Suite 1610

Cleveland, OH 44115-1093 Indianapolis, IN 46204

5. Respondent notified EPA of Large Quantity Generator activities.

6. Respondent manufactures sealants, coatings, and adhesives for the construction and marine 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 November 18, 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 made improper hazardous waste determinations on the following:

· One 5-gallon container containing ballasts were improperly determined to be Universal Waste. Respondent corrected this violation at the time of the inspection.

· Solids and wastewater removed from a tank that has been out of service since 2018. The waste was stored in 29 55-gallon containers and subsequent to the inspection, determined to be D043 hazardous waste.

b. 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 the 29 55-gallon containers of D043 hazardous waste located in the central accumulation area.

c. 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, 29 55-gallon containers of D043 waste were not marked or labeled with the words “Hazardous Waste.”

d. 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, 29 55-gallon containers of D043 waste were not marked with an indication of the hazards of the contents.

e. 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, 29 55-gallon containers of D043 waste were not marked with an accumulation start date.

Additionally, one container in the central accumulation area was not marked with an accumulation start date. This was corrected at the time of the inspection.

f. 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, Respondent accumulated D008/D043/F002 hazardous waste in a tank after the tank was removed from service in 2018. Respondent did not empty the tank until October 2024. The tank failed to comply with Subpart J requirements.

g. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(b), a large quantity generator must attempt to make arrangements with local emergency authorities to familiarize them with the facility and maintain the documentation in the operating record.

As noted during the inspection, Respondent failed to provide documentation of these arrangements.

h. 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 regarding emergency equipment. Specifically, spill kits failed to detail the contents and capabilities of the equipment within the kits.

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 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 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 include a map of the facility in relation to surrounding businesses, schools and residential areas to understand how best to get to the facility and also to evacuate citizens and workers. Additionally, flow rates were not listed for the fire hydrants.

j. 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 on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270. Specifically, Respondent removed a 6,000-gallon tank from service in 2018 and failed to remove the contents of the tank until 2024. On October 8, 2024, 2,500 gallons of D008/F002/D043 were removed from the tank and shipped for disposal on manifest 001471281 WAS. An additional 29 55-gallon containers of solids and rinsewater were removed from the tank on October 14, 2024, and was stored on-site at the time of the inspection.

k. 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 hazardous waste activity on the approved forms.

As noted during the inspection, Respondent failed to notify the Commissioner of hazardous waste treatment/storage/disposal activities.

l. Pursuant to 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a), a large quantity generator must comply with all applicable requirements of 40 CFR Part 268.

Pursuant to 40 CFR 268.50(b), an owner/operator of a treatment, storage or disposal facility may store such wastes for up to one year unless the Agency can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal

As noted during the inspection, Respondent stored hazardous waste restricted from land disposal for greater than one year without meeting the conditions as provided in Subpart E of Part 268 as the purpose of the accumulation of hazardous waste was not necessary to facilitate proper recovery, treatment, or disposal.

m. 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) container of D001/F003 waste at Line 15 without properly marking the satellite accumulation container with the words “Hazardous Waste.” Respondent corrected this violation at the time of the inspection.

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 universal waste to the environment including storing the lamps in closed containers.

As noted during the inspection, Respondent did not store one (1) 4-foot box of universal waste lamps in a closed container. Respondent corrected this violation at the time of the inspection.

o. 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, Respondent failed to ensure solvent-contaminated wipe containers were stored in closed containers. Specifically, Respondent stored two (2) containers open when wipes were not being added or removed. Respondent corrected this violation at the time of the inspection.

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 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)(1)(v). Specifically, Respondent shall inspect all containers in central accumulation areas. Submit copies of inspection logs to IDEM for review.

4. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(A). Specifically, Respondent shall label or mark clearly 29 55-gallon containers of D043 waste with the words “Hazardous Waste.”

5. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B). Specifically, Respondent shall label or clearly mark 29 55-gallon containers of D043 waste with an indication of the hazards of the contents.

6. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(C). Specifically, Respondent shall mark 29 55-gallon containers of D043 waste with accumulation start dates.

7. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.17(a)(2) referencing 40 CFR 265.190. Specifically, Respondent shall comply with Subpart J requirements.

8. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(b). Specifically, Respondent shall attempt to make arrangements with local emergency authorities to familiarize them with the facility, maintain the documentation in the operating record and submit the documentation to IDEM.

9. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.261. Specifically, Respondent shall update the contingency plan to include the contents and capabilities of the equipment within the spill kits. Submit the updated plan to IDEM for review.

10. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.262. Specifically, Respondent shall update the quick reference guide of the contingency plan to include a map of the facility in relation to surrounding businesses, schools and residential areas to understand how best to get to the facility and also to evacuate citizens and workers. Flow rates must also be listed for the fire hydrants. Submit the updated quick reference guide and contingency plan to the local emergency responders and IDEM.

11. 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.

12. Upon the Effective Date, Respondent shall comply with 329 IAC 3.1-1-10. Specifically, Respondent shall cease storage activities of hazardous waste or notify for treatment/storage/disposal facility activity.

13. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit to IDEM for approval a narrative documenting the proper closure of the area where the dismantled storage tank that contained D002/F002/D043 hazardous waste was located. Submit the following information to IDEM:

· Methods used to clean and decontaminate the tank.

· Confirmation samples from the tank prior to disposal.

· The type and quantity of waste removed.

· Disposal documentation for the waste generated from the tank clean out.

· Disposal documentation for the tank.

· Documentation of the concrete condition from this area.

· The certification statement located in 40 CFR 270.11(d)(1), made by a responsible corporate officer.

14. 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

15. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty Thousand Five Hundred Twenty Dollars ($20,520). 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.

16. 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 #8 Order paragraph #9 Order paragraph #10 Order paragraph #13	$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.

17. 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.

18. 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 15, above.

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

20. 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.

21. 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.

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

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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:	7/9/2025		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 08/14/25
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality