STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CAUSE NO. SW-302
v. ) 97-S-E-1821
)
WOLF INDUSTRIES, INC. )
)
Respondent. )
Wolf, Industries, Inc. and IDEM, desire to settle and compromise paragraphs 1-25 of the
Findings of Fact section and paragraphs 1-4, 6, 8-10 of the Order sections of June 13, 1997,
Notice and Order of the Commissioner of the Department of Environmental Management as
amended on February 20, 1998, and consent to the entry of the following Findings and Fact
and Order. Entry into the terms of this Agreed Order does not constitute an admission of any
violation contained herein.
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management (hereinafter referred toas "IDEM").
2. Wolf Industries, Inc. (hereinafter referred to as "Respondent") is located at 100 Foster Drive, Knightsville, in Clay County, Indiana (hereinafter referred to as the "Site" ). IDEM issued Wolf Industries a Solid Waste Facility Permit on November 9, 1989, for a tire pyrolysis operation. IDEM issued a Modification (FP 11-5) to the Solid Waste Facility
Permit on June 21, 1995.
3. Complainant has jurisdiction over the parties and subject matter of this action.
4. The Site was inspected by Mr. Rick Roudebush, Mr. Andy Clements, and Ms. Jennifer Shively, IDEM area representatives, on December 7, 1995. The Site was inspected by Mr. Rick Roudebush and Ms. Jennifer Reno (previously Mr. Jennifer Shively), IDEM area representatives, on January 23, 1996. The Site was inspected by Mr. Rick Roudebush and Ms. Kristi Dixon, IDEM area representatives, on May 22, 1996. The Site was inspected by Mr. Rick Roudebush and Mr. Christopher Brown, IDEM area representatives, on September 11, 1996.
5. Based on information gathered and observations made during these inspections, as well as previous inspections, the Respondent has been found in violation of the Indiana Environmental Management Act, IC 13 and/or the Indiana Administrative Code, 329 IAC 10 (329 IAC 2 prior to April 13, 1996), and the terms and conditions of IDEM Modification to Solid Waste Facility Permit, FP 11-5, dated June 21, 1995.
6. On the inspections conducted December 7, 1995; January 23, May 22, and September 11, 1996, the Respondent was found in violation of Modification to Solid Waste Facility Permit, FP 11-5, Condition A2, which reads "[t]hat no more than 15,000 tires be stored outside the facility building in enclosed containers." During these inspections, more than 5,000 tires were stored outside of the facility plant inside semi-trailers and three (3) shed buildings at the Site.
7. On the above noted inspections, the Respondent was found in violation of the Modification to Solid Waste Permit, FP 11-5, Condition A3, which reads "[n]o more tires shall be stored within the facility than can be stored in the fourteen (14) piles shown on the plot plan IDEM received on October 19, 1989. Each pile provides a depth of 8 feet in a 40 feet by 12 feet area and an approximate volume of 125 cubic yards which can contain approximately 2,500 tires." During these inspections well over 1,750 cubic yards (35,000 tire equivalents) were stored inside the facility plant and were not stored in accordance with the October 19, 1989, plot plan.
8. On the inspections noted above, the Respondent was found in violation of 329 IAC 10-13-6(d) (329 IAC 2-8-11(c) prior to April 13, 1996), which requires, that a modification request and supporting rationale be submitted and granted before a permittee may make a modification in facility plans or operations. During these inspections, more than the permitted 15,000 tires were stored outside the facility plant, well over 1,750 cubic yards (35,000 tire equivalents) were stored inside the facility plant, and were not stored in accordance with the October 19, 1989, plot plan.
9. On the inspection noted above, you were found in violation of 329 IAC 12-6-
11 (329 IAC 2-24-12 prior to April 13, 1996), which requires, a) waste tire transporters to prepare and carry manifests upon a form provided by the department; b) to retain copies of manifests for at least one (1) year and to make copies of manifests available to the department upon request, and; c) to provide completed copies to generators. During these inspections, copies of manifests were not provided to the department when requested.
10. On the above noted inspections, the Respondent was found in violation of the Modification to Solid Waste Permit, FP 11-5, Condition A10, which reads "[t]hat the tire pyrolysis facility be operated and maintained so as not to create a public nuisance to include, but not limited to dust, vectors, litter, odors, and fire. The building and ground shall be kept clean and free of any waste including any stray tires outside of their respective storage areas." During these inspections, bales of tires were stored outside of the facility
11. On inspections conducted December 7, 1995; January 23 and May 22, 1996, inspections, the Respondent was found in violation of 329 IAC 11-13-4(c) (329 IAC 2-19-3(c) prior to April 13, 1996), which requires, solid waste processing facilities shall be cleaned as necessary to prevent a nuisance or public health hazard. During the December 7, 1995, and January 23, 1996, inspections, environmental spills were observed at the Site. During the December 7, 1995; January 23 and May 22, 1996, inspections, bales bales of tires were observed at the Site.
12. On inspections conducted December 7, 1995, and January 23, 1996, the Respondent was found in violation of Solid Waste Facility Permit, FP 11-5, Condition A15, which reads "[s]afety equipment at the site shall include a fire extinguisher, first aid kit, and an operational sprinkler system." During these inspections, safety equipment was not operable.
13. On inspections conducted December 7, 1995, and January 23, 1996, the Respondent was found in violation of 329 IAC 11-13-5(b) (329 IAC 2-19-2(b) prior to April 13, 1996), which requires, equipment must be provided to abate or control fires. During these inspections, safety equipment was not operable.
14. On inspections conducted December 7, 1995, and January 23, 1996, the Respondent was found in violation of IC 13-30-2-1 (IC 13-7-4-1(3) prior to July 1, 1995), which provides, that no person shall deposit any contaminants upon the land in such place and manner which creates, or which would create, a pollution hazard, or deposit or cause or allow the deposit of any contaminants or solid waste upon the land except through the use of sanitary landfills or another method acceptable to the solid waste management board. During these inspections, environmental spills were observed at the Site.
15. In correspondence dated January 17, 1996, the Respondent was notified that the above noted violations must be corrected within specific time frames.
16. On February 27, 1996, IDEM staff and the Respondent met at the Site to review the violations. Respondent had not made significant progress toward correcting the violations at the Site.
17. On May 22, 1996, Mr. Rick Roudebush inspected the site and found the soil contaminated from the environmental spills containerized in cardboard boxes. The Respondent later property disposed of the soil at a permitted solid waste disposal facility.
18. Pursuant to IC 13-30-3-3 (IC 13-7-11-2(b) prior to July 1, 1996) IDEM issued a Notice of Violation on June 28, 1996, via Certified Mail to:
Mr. Donald Foster, President Marvin J. Frank, Registered Agent
Wolf Industries, Inc. Wolf Industries, Inc.
2858 North Pennsylvania Street First Indiana Plaza
Indianapolis, Indiana 46205 Suite 1100
135 North Pennsylvania Street
Indianapolis, Indiana 46204
19. The Respondent received the Notice of Violation on July 1, 1996.
20. On July 18, 1996, the Respondent disposed 5,500 gallons of pyrolytic oil at Lone Star Alternative Fuels located in Greencastle, Putnam County, Indiana. On August 1, 1996, the Respondent disposed the remaining 300 gallons of pyrolytic oil at Lone Star Alternative Fuels located in Greencastle, Putnam County, Indiana.
21. The Notice of Violation contained an offer to enter into an Agreed Order containing actions required to correct the violation.
22. Pursuant to IC 13-30-3-4 IDEM issued a Notice and Order of the Commissioner of the Department of Environmental Management (hereinafter referred to as "Commissioner's Order") on June 13, 1997, via Certified Mail to:
Mr. Donald Foster, President Marvin J. Frank, Registered Agent
Wolf Industries, Inc. Wolf Industries, Inc.
2858 North Pennsylvania Street First Indiana Plaza
Indianapolis, Indiana 46205 Suite 1100
135 North Pennsylvania Street
Indianapolis, Indiana 46204
23. The Respondent received the Commissioner's Order on June 20, 1997.
24. The Respondent filed a Petition For Review of the Commissioner's Order with the Indiana Office of Environmental Adjudication on July 7, 1997.
25. IDEM issued an Amendment to June 13, 1997, Notice and Order of the Commissioner of the Department of Environmental Management (hereinafter referred to as "Amendment to Commissioner's Order") on February 20, 1998, which supercedes paragraph 5 and 7 of the Order portion of the June 13, 1997, Notice and Order of the Commissioner of the Department of Environmental Management.
26. The Respondent received the Amendment to Commissioner's Order on February 20, 1998.
27. In recognition of the settlement reached, the Respondent waives any right to administrative and judicial review of this Agreed Order.
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. This Agreed Order supercedes all provisions of the Order portion of the Commissioner's Order, except for paragraphs 5 and 7 thereof, as amended by the Amendment to Commissioner's Order. All such superceded provisions of the Commissioner's Order shall be without any force or effect.
3. The Respondent shall, within twenty (20) days of the Effective Date of this Agreed Order, withdraw its Petition For Review of the June 13, 1997, Commissioner's Order, pending at the Office of Environmental Adjudication. In addition, Respondent hereby agrees not to appeal the February 20, 1998, Amendment to Commissioner's Order referenced in paragraph 25 of the Findings of Fact above.
4.. Respondent shall properly dispose of all tires (including crumbed, shredded and bales) stored inside the storage buildings/garages/sheds at the Site, to a permitted solid waste facility within 365 days of the Effective Date of this Order. Documentation of proper disposal through manifests or receipts shall be sent to IDEM within 380 days of the Effective Date of this Order. Attached as "Exhibit A and incorporated hereto by reference is a drawing of the site which depicts the subject matter of this paragraph as "Shed #1, Shed #2 and Shed #3."
5. The Respondent shall property dispose of all tires (including crumbed, shredded and bales) stored inside the main plant building at the Site, to a permitted solid waste facility within 545 days of the Effective Date of this Order. Documentation of proper disposal through manifests or receipts shall be sent to IDEM within 560 days of the Effective Date of this Order. Attached as "Exhibit A" is a drawing of the site which depicts the subject matter of this paragraph as "Plant, Storage, Office."
6. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Jennifer Reno, Enforcement Case Manager
Office of Enforcement
Solid Waste Section
Indiana Department of
Environmental Management
P.O. Box 6015
Indianapolis, Indiana 46206-6015
7. This Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
8. In the event that any terms of this Agreed Order are found to be invalid, the remaining terms shall be construed and enforced as if the Agreed Order did not contain the invalid terms.
9. The Respondent shall provide a copy of this Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors, firms, and other persons performing work under this Order comply with the terms of this Order.
TECHNICAL RECOMMENDATION RESPONDENT
BY: ______________________ BY: ______________________
Paul Higginbotham, Acting Chief Donald E. Foster, President
Solid Waste Enforcement Section Wolf Industries, Inc.
Office of Enforcement
DATE: ____________________ DATE: ____________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT
Department of Environmental Management
BY: _______________________ BY: _______________________
Office of Legal Counsel
Department of Environmental
Management
DATE: ____________________ DATE: ____________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT this _______________ day of ___________, 1998.
FOR THE COMMISSIONER:
Signed on 2/20/98
David J. Hensel
Director
Office of Enforcement