STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CAUSE NO. 2000-9076-H
v. )
)
)
BEMIS COMPANY, 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.
Respondent is Bemis Company, Inc. (hereinafter referred to as "Respondent"), which is a company doing business at 1350 North Fruitridge Road, Terre Haute, located in Vigo County, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Mr. John H. Roe, President CT Corporation System, Registered Agent
222 South 9th Street One North Capitol
Suite 2300 Indianapolis, IN 46204
Minneapolis, MN 55402
Respondent manufactures polyethylene packaging. Respondent notified as a Large Quantity Hazardous Waste Generator on January 7, 1997, and operates with the U.S. EPA identification number IND 006 034 300.
Based on an investigation by designated representatives of the Office of Land Quality of IDEM on February 10, 2000, IDEM contends that the following violations were in existence or observed at the time of the inspection:
Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.202, owners and operators must manage all hazardous waste placed in a tank in accordance with the applicable requirements of 40 CFR 265 Subparts AA, BB, and CC. Based on information gathered by IDEM, Respondent did not comply with the requirements of Subpart BB, specifically equipment monitoring, recordkeeping, and equipment marking.
Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.1085(c), owners and operators controlling air pollutant emissions from a tank using Level 1 controls shall meet the inspection requirements of 40 CFR 265.1085(c). Based on information gathered by IDEM, Respondent did not conduct initial and annual inspections on two (2) hazardous waste tanks at Plant 1 and Plant 2.
Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.1090, owners and operators must record and maintain initial and annual tank inspection information as applicable to the facility. Based on information gathered by IDEM, Respondent failed to record and maintain the inspection information for two (2) hazardous waste tanks at Plant 1 and Plant 2.
In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
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.
Within ninety (90) days of the Effective Date of this Order, Respondent shall comply with all requirements of 40 CFR 265 Subpart BB specifically, equipment monitoring, recordkeeping, and equipment marking. Respondent shall submit to IDEM for review a copy of the records created in accordance with 40 CFR 265.1064 for each piece of equipment subject to Subpart BB regulation.
Within ninety (90) days of the Effective Date of this Order, Respondent shall, pursuant to 40 CFR 265.1085(c), conduct the initial inspection of all tanks subject to 40 CFR 265 Subpart CC air emission standards. Respondent shall record the inspection results in the facility
?
s operating log and submit a copy of the inspection results to IDEM for review.
All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Lori Colpaert, Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
5. 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 upon 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."
6. Respondent is assessed a civil penalty of $8,500. 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. 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
Order Conditions #2 and #3 $1,000 per day
8. 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 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.
9. 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
10. In the event that the civil penalty required by paragraph 6 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.
11. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's 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.
12. 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.
13. 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 ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
14. 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, 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:
Adopted 7/27/00
_________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven