STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS:
COUNTY OF MARION ) OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)Cause No. H-13751 or 1999-8381-H
v. )
)
ALAC SERVICES, INC. )
d/b/a ALAC GARMENT SERVICES )
)
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
Findings of Fact and Order. Pursuant to IC 13-30-3-3, 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, a department of the State
of Indiana created by IC 13-13-1-1.
2. Respondent is Alac Services, Inc., d/b/a Alac Garment Services, (hereinafter referred to as "Respondent"), which operates a place of business, located at 233
Sycamore Street, Anderson, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has
jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail
to:
Thomas E. Proctor, President Joseph Cook, Registered Agent for
Alac Services, Inc. Alac Services, Inc.
233 Sycamore St. 233 Sycamore St.
Anderson, Indiana 46016 Anderson, Indiana 46016
5. Respondent notified the U.S. EPA of its hazardous waste activities on August 7,
1985. The U.S. EPA I.D. No. of the facility is IND 016184608.
6. Respondent is an industrial and retail dry-cleaner/detergent cleaner of clothing,
rags, gloves, towels, and industrial uniforms.
7. IDEM contends that the following violations were in existence or observed by the
Office of Solid and Hazardous Waste Management at the time of an inspection
conducted on September 10, 1998. Follow-up sampling inspections were
conducted on November 6, 1998, and January 28 and February 17, 1999.
a. Pursuant to 40 CFR 262.11 and 40 CFR 268.7(a), a person who
generates a solid waste, as defined in 40 CFR 261.2, must
determine if that waste is a hazardous waste. If a generator's waste
is hazardous, the generator must determine if the waste is restricted
from land disposal under 40 CFR 268. Based on information
gathered by IDEM, Respondent failed to make a proper hazardous
waste determination and failed to determine if the waste is
restricted from land disposal for tetrachloroethylene (perc) still
bottoms (F002), known as waste oil by the facility. The waste oil
still bottom is generated from distilling dirty perc that is used in the
dry-cleaning operation. Additionally, Respondent failed to make a
proper hazardous waste determination, including whether the waste
is restricted from land disposal, for wastewater treatment sludge
(F002), known as filter cake by the facility. The filter cake still
bottom is generated from treating the wastewater after it has been
separated from the oil. Since the date of the inspection,
Respondent has made a proper hazardous waste determination for
the perc still bottoms and the wastewater treatment sludge.
b. Pursuant to 40 CFR 262.12(c) and IC 13-30-2-1(11), a generator
may only offer his hazardous waste to transporters and to
treatment, storage, or disposal facilities that have received an EPA
identification number. A person may not deliver any hazardous
waste to a hazardous waste facility that does not have a permit
from the department. Based on information gathered by IDEM,
Respondent offered hazardous waste to transporters and treatment,
storage, or disposal facilities that have not received an EPA
identification number and/or that do not have a permit from IDEM.
Specifically, Respondent offered waste oil still bottoms (F002) to
Ecological Systems, Inc. (ESI) for processing as used oil. ESI is
not a permitted treatment, storage, or disposal facility for
hazardous waste. Additionally, Respondent offered filter cake still
bottoms (F002) to BFI, a solid waste transporter that does not have
an EPA identification number, for transport to South Side Landfill,
Inc., a special waste landfill that is not a permitted treatment,
storage, or disposal facility for hazardous waste.
Respondent retained the services of ESI to advise it concerning the
proper handling of waste oil, still bottoms, and filter cake.
Respondent relied on recommendations received from ESI
regarding the handling of waste oil, still bottoms, filter cake, and
other wastes from Respondent's dry-cleaning operations.
c. Pursuant to IC 13-30-2-1(12), 329 IAC 3.1-7-3, and 329 IAC 3.1-
7-4, a generator who transports, or offers for transport, hazardous
waste for off-site treatment, storage, disposal, or recovery must
complete the manifest adopted by the Indiana Solid Waste
Management Board on EPA Form 8700-22. Based on information
gathered by IDEM, Respondent offered hazardous waste for
transport without completing the required manifests. Specifically,
Respondent offered waste oil still bottoms (F002) for off-site
transport by Central Systems, Inc. for treatment and disposal at ESI
without the required hazardous waste manifest. Additionally,
Respondent offered filter cake still bottoms (F002) for off-site
transport by BFI for disposal at South Side Landfill, Inc. without
the required manifest.
d. Pursuant to 40 CFR 268.7(a)(2), with the initial shipment of waste to each treatment or storage facility, the generator must send a one- time written land disposal restrictions (LDR) notice to each treatment or storage facility receiving the waste, and place a copy in the file. Based on information gathered by IDEM, Respondent
offered hazardous waste to treatment, storage, and disposal
facilities without providing a one-time written LDR notice with the
initial shipments. Specifically, waste oil still bottoms (F002) were
offered to ESI and filter cake still bottoms (F002) were offered to
Southside Landfill, Inc. without providing the facilities with a one-
time written LDR notice with the initial shipments.
e. Pursuant to 40 CFR 262.34(c)(1), a generator may accumulate as
much as fifty-five (55) gallons of hazardous waste or one (1) quart
of acutely hazardous waste in containers at or near any point of
generation where wastes initially accumulate, which is under the
control of the operator of the process generating the waste, without
a permit or interim status and without complying with 40 CFR
262.34(a) provided that he marks his containers either with the
words "Hazardous Waste" or with other words that identify the
contents of the containers. Based on information gathered by
IDEM, Respondent failed to label one (1) 15-gallon satellite
accumulation container of perc still bottoms (F002), located at the
#1 dry-cleaning machine, with the words "Hazardous Waste" or
with other words identifying the contents of the containers.
f. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate
hazardous waste on-site for ninety (90) days or less without a
permit or without having interim status provided that the date upon
which each period of accumulation begins is clearly marked and
visible for inspection on each container. Based on information
gathered by IDEM, Respondent failed to provide the start of
accumulation date on a sludge hopper containing filter cake still
bottoms (F002), located in the wastewater treatment room, and on
containers used to treat perc still bottoms (F002) at the #1 dry-
cleaning machine.
g. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for ninety (90) days or less without a permit or without having interim status provided that, while being accumulated on-site, each container and tank is labeled or marked clearly with the words "Hazardous Waste." Based on information gathered by IDEM, Respondent failed to label a sludge hopper containing filter cake still bottoms (F002), located in the wastewater treatment room, and containers used to treat perc still bottoms at the #1 dry-cleaner machine with the words "Hazardous Waste." Additionally, Respondent failed to label the 1500-gallon poly tank of waste oil still bottoms (F002) with the words
"Hazardous Waste."
h. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR
265.173(a), a generator may accumulate hazardous waste on-site
for ninety (90) days or less without a permit or without having
interim status provided that containers holding the hazardous waste
are kept closed during storage, except when it is necessary to add
or remove waste. Based on information gathered by IDEM,
Respondent failed to keep a sludge hopper containing filter cake
still bottoms (F002), located in the wastewater treatment room,
and containers used to treat perc still bottoms at the #1 dry-cleaner
machine closed.
i. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16, a
generator may accumulate hazardous waste on-site for ninety (90)
days or less without a permit or without having interim status
provided that facility personnel involved with hazardous waste
management are provided with a program of classroom instruction
or on-the-job training that teaches them to perform their duties in a
way that ensures compliance with 40 CFR 265.16. Facility
personnel must be provided with the training within six (6) months
after the date of their employment and must take part in an annual
review of their initial training. Based on information gathered by
IDEM, Respondent failed to provide facility personnel involved in
hazardous waste management with the required initial and annual
refresher training. Training records indicate that the last training
provided to facility personnel was on August 14, 1989. Since the
date of the inspection, Respondent has provided facility personnel
involved in hazardous waste management with the required
training.
j. Pursuant to 40 CFR 262.34 (a)(1)(ii) referencing 40 CFR 265,
Subpart J, a generator may accumulate hazardous waste in tanks
on-site for ninety (90) days or less without a permit or without
having interim status provided that the generator complies with the
requirements of 40 CFR 265, Subpart J. Based on information
gathered by IDEM, Respondent failed to comply with the
requirements of 40 CFR 265, Subpart J, for the 1500-gallon still
bottom tank system. Since the date of the inspection, Respondent
has brought the 1500-gallon still bottom tank system into
compliance with the requirements of 40 CFR 265, Subpart J.
8. In recognition of the settlement reached, 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 her 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 it makes a
proper hazardous waste determination, including whether the waste is restricted
from land disposal, for all solid wastes generated at the facility, per 40 CFR
262.11 and 40 CFR 268.7.
3. Upon the effective date of the Order, Respondent shall offer hazardous waste only
to transporters that have received an EPA identification number and to treatment,
storage, and disposal facilities that are permitted by IDEM and that have received
an EPA identification number. Provided, however, that this requirement shall not
be construed to prohibit the otherwise lawful disposal of hazardous waste by
means of sewering to a proper waste water treatment facility.
4. Upon the effective date of the Order, Respondent shall complete a hazardous
waste manifest, adopted by the Indiana Solid Waste Management Board,
whenever it transports, or offers for transport, hazardous waste from the facility.
5. Upon the effective date of the Order, Respondent shall provide each treatment or
storage facility receiving hazardous waste from Respondent's facility, with a one-
time written LDR notice with each initial shipment of waste.
6. Upon the effective date of the Order, Respondent shall ensure that all containers
and tanks holding hazardous waste at the facility are clearly marked with the
words "Hazardous Waste," per 40 CFR 262.34 (c)(1) and 40 CFR 262.34 (a)(3).
7. Upon the effective date of the Order, Respondent shall ensure that all containers
holding hazardous waste at the facility in less than ninety (90) day accumulation
areas are provided with the date upon which each period of accumulation begins,
per 40 CFR 262.34(a)(2).
8. Upon the effective date of the Order, Respondent shall ensure that all containers
holding hazardous waste at the facility in less than ninety (90) day accumulation
areas are kept closed, except when it is necessary to add or remove waste, per 40
CFR 265.173(a).
9. Upon the effective date of the Order, Respondent shall ensure that it complies
with all requirements of 40 CFR 265.16.
10. Upon the effective date of the Order, Respondent shall ensure that it complies
with all requirements of 40 CFR 265, Subpart J, for all hazardous waste tank
systems at the facility.
11. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Brenda J. Lepter
Office of Enforcement
Hazardous Waste Section
Indiana Department of
Environmental Management
P.O. Box 6015
Indianapolis, Indiana 46206-6015
12. Respondent is assessed a civil penalty of $40,125. Within thirty (30) days of the
effective date of the Agreed Order, the Respondent shall pay a cash penalty of
$17,125. The payment shall be submitted to the Environmental Management
Special Fund, as directed by paragraph 14. In lieu of payment of the remaining
Civil Penalty, the Respondent shall perform and complete a Supplemental
Environmental Project ("SEP"). The SEP consists of a pollution reduction project
(treating the wastewater that comes in contact with the dry cleaning process
separately, preventing it from mixing with the non-hazardous waste stream) that
reduces the amount of the hazardous filter cake waste stream generated at the
facility by approximately ninety (90) percent. The total funds expended on the
SEP shall be a minimum of $46,000. The SEP will be completed within one
hundred twenty (120) days of the effective date of the Agreed Order. It is
Respondent's obligation to inform IDEM upon completion of the SEP and to
provide documentation of such. If the SEP is not completed in accordance with
this agreement and within the specified time period, the Respondent agrees to pay
the remaining amount of the Civil Penalty, plus interest at the rate established by
IC 24-4.6-1-101, to the Environmental Management Special Fund. Payment of
the remaining Civil Penalty shall be submitted within fifteen (15) days from
receipt of a notice to pay from IDEM. Interest on the remaining Civil Penalty
shall be paid from the effective date of this Agreed Order.
13. The civil penalty is payable by check to the Environmental Management Special
Fund. Checks shall include the cause number of this action and shall be mailed
to:
Cashier
IDEM
100 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060
14. In the event that the cash portion of the civil penalty required by paragraph 12 is
not paid within the time frames contained in 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.
15. 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 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.
16. 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.
17. 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.
18. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause
letter to Respondent.
TECHNICAL RECOMMENDATIONS: RESPONDENT:
Department of Environmental Management
By: ________________________ By: ________________________
Nancy L. Johnston, Chief
Hazardous Waste Section Title: ________________________
Office of Enforcement
Date: ________________________ Date: ________________________
LEGAL RECOMMENDATION: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ________________________ By: ________________________
Aaron Schmoll
Office of Legal Counsel
Date: ________________________ Date: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT
THIS _______ DAY OF ________________2000.
For the Commissioner:
Signed on 5/4/00
________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven