STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

) CAUSE NO. H-12615

1. )

NISHIKAWA STANDARD COMPANY, )

Respondent. )

The complainant and the 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 Finding of Fact and Order. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission by Respondent of any violations alleged herein.

1. FINDINGS OF FACT

1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-3-1.
2. Respondent is Nishikawa Standard Company ("Respondent"), who operates a business at 324 Morrow Street, located in Topeka, LaGrange County, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
4. Respondent extrudes rubber compounds into weather stripping to be used in autos. The processes that generate the majority of hazardous wastes are the mechanical and manual siliconing operations. The hazardous wastes generated from these operations include 1,1,1-Trichloroethane (F002), naphtha (D001), and petroleum distillates (D001).
5. Respondent first notified the U.S. EPA as a small quantity generator on December 11, 1987. Respondent updated their generator status to that of a large quantity generator on April 26, 1994 and was operating as a large quantity generator at the time of the inspection by the IDEM.
6. Based upon an investigation of Respondent's generating facility on September 26, 1995, by the Office of Solid and Hazardous Waste Management (hereinafter referred to as "OSHWM") of the IDEM, the IDEM contends that the following violations of 329 IAC 3.1 were in existence or observed at the time of the inspection. (329 IAC 3.1 incorporates by reference July 1, 1992 federal standards for the management of hazardous waste, which have been published in 40 CFR Parts 260 through 270).

1. Pursuant to IC 13-7-4-1(11), 329 IAC 3.1-7-3, and 329 IAC 3.1-7-4, a generator of hazardous waste must not transport hazardous waste without using the Indiana hazardous waste manifest. Based on information gathered by the IDEM, Respondent offered hazardous waste for transport and disposal to National Serv-All, Inc. without using the Indiana hazardous waste manifest form adopted by the Board.

Agreed Order

Nishikawa Standard Company

Page 2

 

2. Pursuant to 40 CFR 262.12(c) and IC 13-7-4-1(10), a generator of hazardous waste must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. Based on information gathered by the IDEM, spent rags contaminated with 1,1,1-Trichloroethane, which were generated at Respondent's facility were transported and disposed of as solid waste in the National Serv-All Landfill in Fort Wayne. Neither the transporter nor the disposal facility had an EPA identification number.
3. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is a hazardous waste. If the hazardous waste is not excluded from regulation, then the generator must determine if the waste is listed in Subpart D of 40 CFR Part 261. If the waste is not listed in Subpart D of 40 CFR Part 261, then the generator must determine whether the waste is identified in Subpart C of 40 CFR Part 261. Based on information gathered by the IDEM, Respondent failed to make a proper waste determination for the following wastes:

1. Spent rags contaminated with 1,1,1-Trichloroethane, which were generated in the Open Seal 40250 area, were allowed to dry in the Chemical Room, and were then disposed of as a solid waste in the National Serv-All Landfill in Fort Wayne; and
2. Spent adhesives and silicone coating generated in the Open Seal 40250 and VN-58 B areas, which were allowed to dry in open containers and were then disposed of in the National Serv-All Landfill in Fort Wayne.

1. Pursuant to 40 CFR 268.7(a), if a generator's waste is hazardous, the generator must determine if the waste is restricted from land disposal under 40 CFR Part 268. Based on information gathered by the IDEM, Respondent failed to determine if the following wastes were restricted from land disposal:

1. spent rags contaminated with 1,1,1-Trichloroethane; and
2. spent adhesives and silicone coating generated in the Open Seal 40250 and VN-58 B areas. Respondent subsequently presented waste determination information to the IDEM which proved the waste adhesive to be non-hazardous.

1. Pursuant to 40 CFR 262.34(a)(4), a generator may accumulate hazardous waste on-site for ninety (90) days or less without a permit provided that the generator complies with the requirements of 40 CFR 265.16 as follows:

1. Pursuant to 40 CFR 265.16(a), personnel with hazardous waste duties must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the generator's compliance with the requirements of this part. Based on information gathered

Agreed Order

Nishikawa Standard Company

Page 3

2. by the IDEM, while operating as a Large Quantity Generator ("LQG"), Respondent failed to provide personnel with hazardous waste duties with a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the generator's compliance with the requirements of this part.
3. Pursuant to 40 CFR 265.16(d)(2), the generator must maintain personnel training records that include a written job description which includes the requisite skill or education or other qualifications and the job duties for each position related to hazardous waste management, along with the name of the employee filling each position. Based on information gathered by the IDEM, while acting as a LQG, Respondent did not maintain training records that included job descriptions and duties and names of employees for each position related to hazardous waste management.
4. Pursuant to 40 CFR 265.16(d), the generator must maintain personnel training records that include a written description of the type and amount of both introductory and continuing training that will be given to each person with hazardous waste duties. Based on information gathered by the IDEM, while operating as a LQG, Respondent failed to document introductory and continuing training required for each position related to hazardous waste management.

1. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, a generator may accumulate hazardous waste on-site for ninety (90) days or less without a permit, provided that the generator has a contingency plan which contains the following information.

1. the actions facility personnel must take in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water;
2. a description of arrangements with local police departments, fire departments, hospitals, and state and local emergency response teams to coordinate emergency services pursuant to 40 CFR 265.37;
3. a list of the names, addresses, and phone numbers of all persons qualified to act as emergency coordinator;
4. a list of all emergency equipment at the facility including the location, physical description, and a brief outline of its capabilities for each item on the list; and
5. an evacuation plan for facility personnel that describes signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes.

1. Pursuant to 40 CFR 262.34(a)(4), a generator may store hazardous waste on-site for ninety (90) days or less without a permit provided that the generator complies with the requirements of Subpart C of 40 CFR Part 265 as follows:

1. Pursuant to 40 CFR 265.35, the generator must maintain adequate aisle space to allow the unobstructed movement of personnel, fire-protection equipment, spill

Agreed Order

Nishikawa Standard Company

Page 4

1. Pursuant to 40 CFR 262.34(a)(1)(i), a generator may accumulate hazardous waste on-site for ninety (90) days or less without a permit provided that the waste is placed in containers and the generator complies with Subpart I of 40 CFR 265 as follows:
2. Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a generator may accumulate as much as 55 gallons of hazardous waste in containers at or near the point of generation (satellite accumulation) without a permit and without complying with 40 CFR 262.34(a), provided that the containers are always stored closed, except when it is necessary to add or remove waste. Based on information gathered by the IDEM, the following satellite accumulation containers were stored open:

1. One (1) 5-gallon container of waste 1,1,1-Trichloroethane (F002) located in the J-18-T satellite accumulation area;
2. One (1) 5-gallon container of waste silicone coating located in the Open Seal 40250 satellite accumulation area; and,
3. One (1) 5-gallon container of waste silicone and naphtha (D001) located in the STM Silicone Line satellite accumulation area.

1. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less provided that while being accumulated on-site, the date upon which each period of accumulation begins is clearly marked and visible for inspection on each container. Based on information gathered by the IDEM, the following hazardous waste containers were not marked with the start of accumulation dates:

1. One (1) 55-gallon container of waste 1,1,1-Trichloroethane (F002) located in the Chemical Storage Building;
2. One (1) 55-gallon container of waste 1,1,1-Trichloroethane (F002) located in the Chemical Storage Room;
3. One (1) 55-gallon container of waste petroleum naphtha (D001) located in the Chemical Storage Room; and,

Agreed Order

Nishikawa Standard Company

Page 5

 

4. One (1) 55-gallon container of waste petroleum distillates (D001) located in the Chemical Storage Room.

1. Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of hazardous waste in containers at or near the point of generation (satellite accumulation) without a permit and without complying with 40 CFR 262.34(a) provided that the containers are marked with the words "Hazardous Waste" or with other words that identify the contents of the containers. Based on information gathered by the IDEM, the following satellite accumulation containers were not marked with the words "Hazardous Waste" or with other words identifying the contents of the containers:

1. One (1) 5-gallon container of waste silicone coating located in the Open Seal 40250 satellite accumulation area; and,
2. One (1) 5-gallon container of waste silicone and naphtha (D001) located in the STM Silicone Line satellite accumulation area.

1. Pursuant to IC 13-30-3-3, on September 3, 1996 IDEM issued a Notice of Violation via Certified Mail to:

Manubu Higashi, President

Nishikawa Standard Company

324 Morrow Street

Topeka, Indiana 46571

and

C.T. Corporation System, Resident Agent

Nishikawa Standard Company

One North Capitol Avenue

Indianapolis, Indiana 46204

2. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
3. Respondent met with representatives of the IDEM on November 6, 1996 for an informal conference to discuss settlement of this cause.
4. As of January of 1997, Respondent no longer operates as a large quantity generator. Respondent currently operates as a small quantity generator and is therefore responsible for complying with small quantity generator standards. If at any time in the future Respondent generates greater than 1000 kilograms of hazardous waste in any one month period, then Respondent shall adhere to 40 CFR 262.34 standards for large quantity generators.

Agreed Order

Nishikawa Standard Company

Page 6

1. 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. Upon the effective date of the Order, Respondent shall ensure that hazardous waste is not transported without a hazardous waste manifest.
3. Upon the effective date of the Order, Respondent shall ensure that hazardous waste is not offered to transporters or to treatment, storage, or disposal facilities which do not have an EPA identification number.
4. Upon the effective date of the Order, Respondent shall ensure that hazardous waste determinations are conducted for all wastes generated on-site, and shall determine if the wastes are restricted from land disposal under 40 CFR Part 268, and shall manage the silicone coating waste identified in Finding 6.c(2) as hazardous waste.
5. Upon the effective date of the Order, Respondent shall ensure that all employees with hazardous waste management duties are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and during emergencies.
6. Within thirty (30) days of the effective date of the Order, Respondent shall attempt to make arrangements with local police, fire departments, emergency response teams, and local hospitals to coordinate emergency services pursuant to 40 CFR 265.37. Respondent shall then submit to this office a copy of the names and phone numbers of the emergency contacts and a description of the emergency arrangements made with these contacts.
7. Upon the effective date of the Order, Respondent shall ensure that there is at all times one employee either on the premises or on call with the responsibility for coordinating all emergency response measures specified in 40 CFR 262.34(d)(5)(iv).
8. Within thirty days of the effective date of the Order, Respondent shall post the following information next to a telephone within the facility.

1. the name and telephone number of the emergency coordinator;
2. location of fire extinguishers and spill control material, and, if present, the fire alarm; and,
3. the telephone number of the fire department, unless the facility has a direct alarm.

1. Upon the effective date of the Order, Respondent shall ensure that adequate aisle space is maintained in container storage areas to allow the unobstructed movement of personnel, fire-protection equipment, and decontamination equipment to any area of facility operation in an emergency.

Agreed Order

Nishikawa Standard Company

Page 7

1. Upon the effective date of the Order, Respondent shall inspect at least weekly areas where hazardous waste is stored to look for leaks and for deterioration caused by corrosion or other factors.
2. Upon the effective date of the Order, Respondent shall ensure that containers holding hazardous waste are always stored closed, except when it is necessary to add or remove waste.
3. Upon the effective date of the Order, Respondent shall ensure that containers holding hazardous waste are marked with the start of accumulation date, and that this accumulation date is visible for inspection.
4. Upon the effective date of the Order, Respondent shall ensure that satellite accumulation containers are clearly marked with the words "Hazardous Waste", or with other words identifying the contents of the containers.
5. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Jennifer Tucker

Case Manager, Hazardous Waste Section

Office of Enforcement

Indiana Department of Environmental Management

PO Box 6015

Indianapolis, Indiana 46206-6015

317/233-5640

6. Respondent is assessed a civil penalty of $21,000. Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the effective date of this Agreed Order.
7. Civil penalties are payable to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

PO Box 7060

Indianapolis, Indiana 46206-7060

8. In the event that the civil penalty required by paragraph 16 is not paid within thirty (30) days of the effective date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
9. This Agreed 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 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.

 

 

Agreed Order

Nishikawa Standard Company

Page 8

 

10. 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 the Agreed Order did not contain the invalid terms.
11. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall by contract require that all contractors, firms, and other persons acting for it comply with the terms of this Agreed Order.
12. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to the Respondent.

Agreed Order

Nishikawa Standard Company

Page 9

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

By:_______________________________ By: _______________________________

Pamela J. O'Rourke, Acting Chief

Hazardous Waste Section Title: _____________________________

Office of Enforcement

Date: _____________________________ Date: _____________________________

LEGAL RECOMMENDATION: 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 _____________________________, 1997.

FOR THE COMMISSIONER:

Signed 4/24/97

_____________________________

Patrick J. Carroll

Director

Office of Enforcement