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-13798 or 1999-8425-H
v. )
)
CHEMICAL DISPOSAL SERVICE INC. )
)
)
)
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.
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 Chemical Disposal Service Inc., (hereinafter referred to as
"Respondent"), which operates a company doing business at 3600 Calumet
Avenue, located in Hammond, Lake County, 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:
Marvin Aardema, President C.T. Corporation, Registered Agent
Chemical Disposal Service Inc. for Chemical Disposal Service Inc.
2450 New York Avenue One North Capitol Avenue
Whiting, Indiana 46390 Indianapolis, Indiana 46204
5. Respondent has an Illinois U.S. EPA I.D. No. ILD 984 914 515 for hazardous
waste transporter activities. Respondent has not notified as a hazardous waste
storage facility.
6. Based upon an investigation of the facility on July 23, 1999, by Mr. Scott Ormsby
of the Office of Land Quality (hereinafter referred to as the "OLQ") of IDEM,
IDEM contends that the following violations were in existence or observed at the
time of the inspection.
a. Pursuant to 329 IAC 3.1-8-4(b), owners or operators of existing hazardous
waste transfer facilities who conduct the activities described in subsection
329 IAC 3.1-8-4 must submit written notification to the Indiana
Department of Environmental Management. Based on information
gathered by IDEM, Respondent did not notify IDEM of the intent to
operate as a hazardous waste transfer facility.
b. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), only those owners and
operators with hazardous waste permits may be involved in the treatment,
storage, or disposal of hazardous waste as identified or listed in 40 CFR
Part 261. Based on information gathered by IDEM, Respondent does not
have a permit to operate as a storage facility. Respondent exceeded the
10-day storage time limit for a hazardous waste transfer facility and was
operating as a hazardous waste storage facility.
c. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator,
transporter, or owner or operator of a hazardous waste storage facility shall
notify the Commissioner of such activities on forms provided by the
Commissioner. Based on information gathered by IDEM, Respondent
failed to notify the Commissioner as a hazardous waste storage facility.
d. Pursuant to 40 CFR 263.12, a transporter who stores manifested shipments
of hazardous waste in containers meeting the requirements of 40 CFR
262.30 at a transfer facility for a period of ten (10) days or less is not
subject to regulation under Parts 270, 264, 265, and 268 of this chapter
with respect to the storage of those wastes. Based on information gathered
by IDEM, Respondent's manifests IL 8474722, IL 8474723, IL 8474731,
IL 8474736, and IL 8474747 indicated that hazardous waste D002 and
F006 was stored on-site for more than ten (10) days, thereby making
Respondent subject to regulation under 40 CFR 270, 264 and 268. On
March 2, 2000, Respondent submitted to IDEM documentation indicating
that the hazardous waste was manifested off-site.
Pursuant to 40 CFR 264.1(b), owners and operators of all facilities which
store hazardous waste must comply with the requirements of 40 CFR 264.
Based on information gathered by IDEM, Respondent failed to comply
with the requirements of 40 CFR 264 while operating as a hazardous waste
storage facility.
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 the Order, Respondent shall
submit to IDEM written notification of hazardous waste transfer facility activities
in accordance with 329 IAC 3.1-8-4(b).
3. In the future, Respondent shall ensure that hazardous waste is not stored on-site
for more than ten (10) days.
4. In the future, Respondent shall ensure that the facility does not operate as a
hazardous waste storage facility without complying with the requirements of 40
CFR 264.
5. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Ms. Idelia Walker-Glover, Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
6. All submittals required by the Agreed Oder 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 upon my inquiry of the person or persons who manage the
system, or those 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."
7. Respondent is assessed a civil penalty of $18,000 . 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.
8. 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
Failure to comply with the time frame $1000 per day
requirements of Order number
2 of the Agreed Order.
9. 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 any 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 the
stipulated penalty 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.
10. 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 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060
11. In the event that the civil penalty required by paragraph 7 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.
12. 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.
13. 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.
14. 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.
15. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause
letter to Respondent.
TECHNICAL RECOMMENDATIONS: RESPONDENT:
Department of Environmental Management Chemical Disposal Service Inc.
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 May 3, 2000
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven