STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. )CAUSE NO. 1999-8418-H or H-13789
)
ROCKWELL AUTOMATION, )
)
Respondent. )
2. Respondent is Rockwell Automation (hereinafter referred to as "Respondent"), a
company doing business at 500 South Union Street, Mishawaka, 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:
Mr. Eric Swift
Rockwell Automation
500 South Union Street
Mishawaka, IN 46544
5. Respondent is a gray iron and ductile iron foundry that produces pulley
assemblies, valve bodies, pump housings, and motor housings. Hazardous waste
is generated from core and mold making, melting, pouring, shotblasting, grinding,
machining, and painting. Respondent notified as a Small Quantity Generator
(SQG) and operates with the U.S. EPA identification number IND 042 327 213.
6. Based upon an investigation of the facility on June 9, 1999, by the Office of Solid
and Hazardous Waste Management (hereinafter referred to as "OSHWM") of
IDEM, IDEM contends that the following violations were in existence or
observed at the time of the inspection:
a. Pursuant to 40 CFR 262.11 and 40 CFR 268.7(a), a generator of a solid
waste must determine if that waste is hazardous and if the waste has to be
treated before being land disposed. Based upon an investigation by IDEM,
Respondent failed to make a proper hazardous waste determination on rags
contaminated with paint thinner from cleanup at the Foundry Paint Booth.
b. Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste
to transporters or to treatment, storage, or disposal facilities that have not
received an EPA identification number. Based upon an investigation by
IDEM, Respondent offered hazardous waste to a transporter who had not
received an EPA ID number and to a treatment, storage, and disposal
facility (TSD) that is not permitted to receive hazardous waste.
Specifically, Respondent offered rags contaminated with paint thinner
(F005) to Southeast Berrien County Landfill for transport and disposal.
Southeast Berrien County Landfill is not permitted to transport and
dispose of hazardous waste.
c. Pursuant to 329 IAC 3.1-7-3(a), 329 IAC 3.1-7-4 and IC 13-30-2-1(12), a
generator who transports or offers for transportation hazardous waste for
off-site treatment, storage, or disposal must prepare a manifest. Based
upon an investigation by IDEM, Respondent offered rags contaminated
with paint thinner (F005) for off-site transport and disposal to Southeast
Berrien County Landfill without using the Indiana hazardous waste
manifest form adopted by the board.
d. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 days or less without a permit,
provided that the date when the accumulation begins is clearly marked and visible for inspection
on each container. Based upon an investigation by IDEM, Respondent failed to label the trash
hopper which held rags contaminated with thinner (F005) located next to the Foundry Spray
Booth with the start of accumulation date.
e. Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3), a
generator may accumulate hazardous waste on-site for 180 days or less
without a permit, provided that containers are marked with the words
"Hazardous Waste." Based upon an investigation by IDEM, Respondent
failed to label the trash hopper which held rags contaminated with thinner
(F005) located next to the Foundry Spray Booth with the words
"Hazardous Waste."
f. Pursuant to 40 CFR 262.34(d) referencing 40 CFR 265.173(a), a container
holding hazardous waste must always be closed during storage, unless
necessary to add or remove waste. Based upon an investigation by IDEM,
Respondent failed to store closed the trash hopper which held rags
contaminated with paint thinner (F005) located next to the Foundry Spray
Booth.
g. Pursuant to 40 CFR 268.7(a)(2), if a generator determines that a waste
does not meet treatment standards, the generator must submit to the
treatment, storage, or disposal facility a one-time notice and certification.
Based upon an investigation by IDEM, Respondent offered rags
contaminated with paint thinner (F005) to the Southeast Berrien County
Landfill for disposal without providing the initial Land Disposal
Restriction (LDR) notification.
h. Pursuant to 40 CFR 262.34(d)(5)(ii), a generator must implement certain
measures to address an emergency situation. Based upon an investigation
by IDEM, Respondent failed to implement the following:
1) post the required emergency information next to the telephones;
and,
2) post the location of fire extinguishers and spill control material.
i. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the
deposit of any contaminants or solid waste upon the land, except through
the use of sanitary landfills, incineration, composting, garbage grinding, or
another method acceptable to the solid waste management board. Based
upon an investigation by IDEM, Respondent allowed the following
releases:
1) a deposit of non-hazardous foundry sand south of the concrete pad
near the Sand Building which contaminated approximately 3,000
ft2 of soil and extended beyond the pad; and,
2) the release of premix (bentonite clay) from the fill pipe located on
the east side of the facility.
j. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil
containers and aboveground tanks with the words "Used Oil." Based upon
an investigation by IDEM, Respondent failed to label four (4) 55-gallon
and five (5) 5-gallon containers of used oil located in the Hazardous Waste
Storage Area with the words "Used Oil."
7. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
2. Within thirty (30) days of the effective date of this Order, Respondent shall
perform a proper hazardous waste determination on rags contaminated with paint
thinner (F005) from cleanup at the Foundry Paint Booth pursuant to 40 CFR
262.11 and 40 CFR 268.7(a). Respondent shall submit documentation of
compliance to IDEM.
3. In the future, Respondent shall not offer its hazardous waste to a transporter
and/or a treatment, storage, and disposal facility (TSD) that is not permitted to
receive hazardous waste pursuant to 40 CFR 262.12(c).
4. In the future, Respondent shall utilize the Indiana hazardous waste manifest form
adopted by the board at any time hazardous waste is transported or offered for
transportation for off-site treatment, storage or disposal pursuant to 329 IAC 3.1-
7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12).
5. Within thirty (30) days of the effective date of this Order, Respondent shall label
the trash hopper holding rags contaminated with paint thinner (F005) located next
to the Foundry Spray Booth with the start of accumulation date pursuant to 40
CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2). Respondent shall submit
documentation of compliance to IDEM.
6. Within thirty (30) days of the effective date of this Order, Respondent shall label the trash hopper holding rags contaminated with paint thinner (F005) located next to the Foundry Spray Booth with the words "Hazardous Waste" pursuant to 40
CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3). Respondent shall submit
documentation of compliance to IDEM.
7. Upon the effective date of this Order, Respondent shall store closed the trash
hopper holding rags contaminated with paint thinner (F005) located next to the
Foundry Spray Booth, except when it is necessary to add or remove waste
pursuant to 40 CFR 262.34(d) referencing 40 CFR 265.173(a).
8. In the future, Respondent shall submit to a treatment, storage, or disposal facility
the initial Land Disposal Restriction notification where it is determined that a
waste does not meet treatment standards pursuant to 40 CFR 268.7(a)(2).
9. Within thirty (30) days of the effective date of this Order, Respondent shall post
the required emergency information next to the telephones and post the location of
fire extinguishers and spill control material pursuant to 40 CFR 262.34(d)(5)(ii).
Respondent shall submit documentation of compliance to IDEM.
10. Within thirty (30) days of the effective date of this Order, Respondent shall clean
up and properly containerize and dispose all visibly impacted soils caused by the
release of foundry sand south of the concrete pad near the Sand Building and the
release of non-hazardous premix (bentonite clay) from the fill pipe located on the
east side of the building. Respondent shall submit documentation of compliance
to IDEM.
11. Within thirty (30) days of the effective date of this Order, Respondent shall label
all used oil containers with the words "Used Oil" pursuant to 329 IAC 13-4-3(d).
Respondent shall submit documentation of compliance to IDEM.
12. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Ms. Jennifer Reno
Office of Enforcement
Hazardous Waste Section
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
13. All submittals required by this Agreed Order shall contain the following
certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations."
15. In the event the following terms and conditions are violated, the Complainant may
assess and the Respondent shall pay a stipulated penalty in the following amounts:
Violation Penalty
of Order Nos. 2, 5, 6, 9, 10, and 11.
16. Stipulated penalties shall be due and payable within thirty (30) days after
Respondent receives written notice that the Complainant has determined a
stipulated penalty is due. Assessment and payment of stipulated penalties shall
not preclude the Complainant from seeking any additional relief against the
Respondent for violation of the Agreed Order. In lieu of assessment of any of the
stipulated penalties given above, the Complainant may seek any other remedies or
sanctions available by virtue of Respondent's violation of this Agreed Order, or
Indiana law, including but not limited to civil penalties pursuant to IC 13-30-4-1.
17. Civil and stipulated penalties are 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 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
18. In the event that the civil penalty required by paragraph 14 is not paid within
specified time frames 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.
19. 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.
20. In the event that any terms of the 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.
21. 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.
22. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause
letter to Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: _________________________ By: _________________________
Nancy L. Johnston, Section Chief
Hazardous Waste Section Printed: ______________________
Office of Enforcement
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
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 3/30/00____
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven