STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2000-9733-H

)

R. R. DONNELLEY AND SONS COMPANY, )

)

Respondent. )

 

AGREED ORDER

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.

 

 

I. FINDINGS OF FACT

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 R. R. Donnelley and Sons Company ("Respondent"), who operates the facility with U.S. EPA ID No. IND005480710, located at 2801 West Old Road 30, in Warsaw, Kosciusko 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 December 13, 2000 via Certified Mail to:

Mr. Bill Davis, President C. T. Corporation Systems,

R. R. Donnelley and Sons Company Registered Agent

77 West Wacker Dr. 36 S. Pennsylvania Street

Chicago, IL 60601-1696 Suite 700

Indianapolis, IN 46204

5. Respondent notified the U.S. EPA of Large Quantity Generator activities on August 8, 1980. Respondent is a printing company that produces a variety of catalogs and publications. The facility operates a wastewater treatment unit and distillation unit for solvent recovery.

6. Inspections on June 30, 2000 and July 14, 2000 were 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 these inspections:

    1. 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 operated as a storage facility without having first obtained a permit.
    2. 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 of storage activities.
    3. 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 containers of hazardous waste on-site for greater than 90 days without complying with 40 CFR 264 and 40 CFR 270.
    4. Pursuant to 40 CFR 262.34(c)(1), a generator may accumulate as much as 55 gallons of hazardous waste at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the waste is under the control of the operator of the process generating the waste. Respondent accumulated waste in satellite accumulation containers that were not under the control of the operator of the process generating the waste in the west plant bindery operation.
    5. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training. Respondent had not provided personnel with annual training at the time of the inspection. Respondent submitted to IDEM the training records documenting the annual review training for Mr. John Fly that was provided 16 months after the initial training.
    6. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, all new and existing tank systems must have secondary containment. Respondent did not provide adequate secondary containment for the hazardous waste tank systems. The secondary containment did not have a means to protect against the formation of and ignition of vapors within the vault, a vertical joint was cracked, and the ancillary equipment did not have secondary containment.
    1. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
    2. On January 22, 2001, Respondent met with IDEM to discuss the violations and the civil penalty.

II. 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. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall provide to IDEM paperwork documenting the shipment to an authorized treatment facility, or the reclamation of the twelve (12) drums of waste ink that have been stored on site greater than ninety (90) days.

    1. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34 (b). Specifically, Respondent shall comply with 40 CFR 264, 265, and the permit requirements of 40 CFR 270 at any time that hazardous waste is accumulated for more than 90 days.
    2. Upon the Effective Date of this Agreed Order, Respondent shall comply with 329 IAC 3.1-1-10. Specifically, Respondent shall notify the Commissioner regarding the operation of a hazardous waste facility at any point that the storage of hazardous waste exceeds 90 days.
    3. Upon the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 262.34 (c)(1). Specifically, Respondent shall insure that the hazardous waste accumulation drum is under the control of the operator generating the waste.
    4. Within ninety (90) days of the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR 265.193. Specifically, Respondent shall ensure that there is a means to protect against the formation of vapors within the vault. Respondent shall provide to IDEM a tank system assessment attesting to the fact. The vertical joint at the building column shall be repaired, and secondary containment shall be provided for all ancillary equipment of the hazardous waste tank systems.

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

writing, shall be sent to:

Deirdre L. Wyatt, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

    1. Respondent is assessed a civil penalty of Fifteen Thousand Eight Hundred Dollars ($15,800). 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.
    2. 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 amount:

Violation Penalty

Failure to comply with Order paragraph 2 $1,000 per day

Failure to comply with Order paragraph 6 $1,000 per day

10. 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 not limited to, civil penalties pursuant to IC 13-30-4.

    1. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

12. In the event that the civil penalty required by Order paragraph 8 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.

13. 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.

    1. 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.

15. 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.

16. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case 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 _______________, 2001.

 

 

For the Commissioner:

Signed 4/30/01

___________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement