Complainant, )


v. ) Case No. 2000-9547-H




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. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding.


1. Complainant is the Commissioner ("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 Federal-Mogul Corporation ("Respondent"),which operates a company with U.S. EPA ID No. IND 005 382 346, located at 2845 West State Road 28, in Frankfort, Clinton County, Indiana ("Site").

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

Richard A. Snell, President CT Corporation System, Registered Agent

459 Martell Drive One North Capitol

Bloomfield Hills, MI 46321 Indianapolis, Indiana 46204

5. Respondent notified the U.S. EPA of Large Quantity Generator activities on February 9, 1998. Respondent manufactures combination metal/rubber seals of the automotive industry. The facility conducts metal stamping, rubber mixing, and molding operations.

6. An inspection, on June 8, 2000, was conducted at the Site by a representative of IDEMís Office of Land Quality (OLQ). The following violations were in existence or observed at the time of this inspection:

a. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. Respondent did not label twenty (20) containers in the less than ninety (90) day container storage area with accumulation start dates.

b. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that containers are marked with the words "Hazardous Waste." Respondent did not label a container of ignitable waste from punctured aerosol cans with the words "Hazardous Waste."

c. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words AUsed Oil.@ Respondent did not label two (2) five hundred (500) gallon tanks of used oil with the words AUsed Oil." Respondent labeled the used oil tanks with the words "Waste Oil."

d. Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), no person shall commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM. Respondent does not have a permit to operate as a storage facility yet stored hazardous waste on-site for more than ninety (90) days. Respondent exceeded the 90-day storage time limit for a large quantity generator and was therefore operating a hazardous waste storage unit.

e. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms. Respondent failed to notify the Commissioner as a hazardous waste storage facility.

f. Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270. Respondent stored two (2) containers of cresol hazardous waste (D026) on-site for greater than 90 days without complying with 40 CFR 264 and 40 CFR 270.

7. 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. Respondent shall comply with 40 CFR 262.34(a)(2). Specifically, Respondent shall label hazardous waste containers with accumulation start dates.

3. Respondent shall comply with 40 CFR 262.34(a)(3). Specifically, Respondent shall mark hazardous waste containers with the words "Hazardous Waste."

4. Respondent shall comply with 40 CFR 263.12. Specifically, Respondent shall cease storing hazardous waste on-site for more than ninety (90) days.

5. Respondent shall comply with 40 CFR 270.1(c) and IC 13-30-2-1(10). Specifically, Respondent shall ensure that its facility does not operate as a hazardous waste storage facility without first having obtained a permit.

6. Within thirty (30) days of the effective date of the Order, Respondent shall decontaminate the hazardous waste container storage area noted in Finding #6f as follows:

a. remove all wastes from the pad and appropriately dispose;

b. mechanically clean the pad by scraping, sweeping, or other method, to remove all physical contamination;

c. inspect the pad for cracks. If cracks are detected, perform Item i. at this point;

d. wash the pad with a high pressure steam cleaner with detergent or appropriate solvent to remove the previously stored waste materials;

e. rinse the pad three (3) times with water;

f. collect the third (final) rinsate separately and analyze two (2) samples to show that the pad=s surface meets the cleanup levels. For inorganic and certain organic parameters, the cleanup levels of the rinsate will be based on the Maximum Contaminant Levels (MCLs) of the National Primary Drinking Water Regulations (40 CFR 141). For the organic parameters without MCLs, the cleanup levels of the rinsate will be based on the analytical methods= Estimated Quantitation Limits (EQLs), as defined in SW-846. The analytical parameters will be based on wastes previously stored on the pad;

g. ensure that care is taken to prevent migration of cleaning liquids from the pad area;

h. collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;

i. sample the soil underlying any cracks found in the inspection to check for contamination. If no contamination is found, seal the cracks and proceed with Items d. through h. above. If contamination is found, submit a hazardous waste closure plan to IDEM for approval for the container storage area in accordance with the provisions of 40 CFR 264 Subpart G. Upon notice of approval of the closure plan by IDEM, implement the approved plan in accordance with the time frames contained therein.

7. Within fifteen (15) days of completing the decontamination required in Order #6,

Respondent shall submit documentation, including sample results, that the

decontamination has been completed to IDEM for review. Analytical results

submitted to IDEM for review shall include signed chain-of-custody sheets,

sampling dates, analysis dates, analytical methods used, MCLs, EQLs and quality

control results. The quality assurance/quality control (QA/QC) results shall

include initial and continuing calibration results, blank results, matrix duplicates,

and matrix spike/matrix spike duplicate results.

8. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Jennifer Reno, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

9. Respondent is assessed a civil penalty of Twelve Thousand Six Hundred Dollars ($12,600). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Two Thousand Five Hundred Twenty Dollars ($2,520). Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete two (2) Supplemental Environmental Projects (ĎSEPs"). Respondent estimates that the SEPs will cost a minimum of Thirty Thousand Two Hundred Forty Dollars ($30,240). Within fifteen (15) days of completing the SEPs, Respondent shall submit written notice and documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEPs. In the event that the cost of the SEPs are less than $30,240, Respondent shall pay 33% of the difference between the proposed cost of the SEPs ($30,240) and the actual cost of the SEPs.

As a Supplemental Environmental Project, Respondent shall seek ISO 14001 certification for Environmental Management Systems. Respondent shall become ISO 14001 certified by Det Norske Veritas Certification Inc., an accredited, independent registrar. Implementation of this SEP will help integrate environmental management with all normal business practices. The estimated cost of this SEP Project is $18,137.

As a Supplemental Environmental Project, Respondent shall complete the following improvements to its facility: 1) construct a new storage area that includes secondary containment for the used oil tote tanks, 2) construct a new containment area for the equipment cleaning area, 3) repair damaged concrete in the truck loading/unloading area, 4) install manual shutoff valves on all storm water drains in the truck loading/unloading area and all storage areas, and 5) relocate the oily bin storage area from the outside of the storage yard into the Chemical Storage Building. Implementation of this SEP will achieve better storm water control. The estimated cost of this SEP Project is $19,570.



In the event that the Respondent does not complete the SEPs by six (6) months after the Effective Date of this Agreed Order, the full amount of the civil penalty as stated in this paragraph, plus interest established by IC 24-4.6-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEMís notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

10. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:

Violation Penalty

Failure to comply with Order paragraph #7 $1,000 per day

11. 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 any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondentís violation of this Agreed Order or Indiana law, including, but limited to, civil penalties pursuant to IC 13-30-4.

12. Civil 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:



100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

13. In the event that the civil penalty required by Order paragraph 9, 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.




14. This Agreed Order shall apply to and be binding upon the Respondent, its successors 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.

15. 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.

16. 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.

17. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to Respondent.



Department of Environmental Management

By: _________________________ By: _________________________

Nancy Johnston, Chief

Office of Enforcement Printed: ______________________

Title: ________________________

Date: ________________________ Date: ________________________




Department of Environmental Management

By: _________________________ By: ________________________

Office of Legal Counsel

Department of Environmental Management

Date: _______________________ Date: ______________________





For the Commissioner:


_Signed on 1/12/01_________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement