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. 2000-9883-H
)
HAROLD I. GRISE )
d/b/a OIL RECYCLING 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.
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 Harold I. Grise ("Respondent"), which operates Oil Recycling Company located at 101 Heinz Street, in LaPorte, LaPorte 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, on January 3, 2001, IDEM issued a Notice of Violation via Certified Mail to:
Agreed Order 2000-9883-H
Harold I. Grise d/b/a Oil Recycling Company
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Harold I. Grise Harold I. Grise, Registered Agent
d/b/a Oil Recycling Company 9101 West State Road 2
P.O. Box 738 Westville, Indiana 46391
Westville, Indiana 46391
5. Respondent transports used oil from small oil change facilities and local farms to its own facility. Respondent processes used oil through a vibrating operation that separates out bottoms and solids from the oil. Additionally, to lower the water content to the specifications for acceptance for burning for energy recovery, the used oil is demulsified with the addition of acid. Respondent notified the U.S. EPA of Used Oil activities on November 16, 2000.
6. An inspection on October 25, 2000, was conducted at the Site by representatives of IDEM’s Office of Land Quality ("OLQ"). The following violations were in existence or observed at the time of this inspection:
a. Pursuant to 329 IAC 13-6-3, 329 IAC 13-7-2, and 329 IAC 13-9-4, used oil transporters, processors or re-refiners, and marketers must obtain an EPA identification number. Respondent did not obtain an EPA identification number.
On November 17, 2000, Respondent obtained an EPA identification number.
On January 18, 2001, Respondent submitted documentation to IDEM stating the one (1) 300-gallon container in the vibrating unit area, nine (9) tanks in the tank farm area, and two (2) tanks located outside the tank farm area are labeled with the words "Used Oil." This violation is subject to field verification by IDEM compliance staff.
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Harold I. Grise d/b/a Oil Recycling Company
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On January 18, 2001, Respondent submitted documentation to IDEM
stating secondary containment is installed for the 300-gallon used oil
container in the vibrating area. This violation is subject to field
verification by IDEM compliance staff.
On January 18, 2001, Respondent submitted documentation to IDEM stating the two (2) used oil tanks located outside of the tank farm area no longer store used oil and therefore do not requirement secondary containment. This violation is subject to field verification by IDEM compliance staff.
e. Pursuant to 329 IAC 13-7-3(a)(6), owners and operators of used oil processors and re-refiners facilities must make arrangements with local authorities. Respondent did not make arrangements to familiarize local authorities with the layout of the facility, properties of used oil handled at
the facility and associated hazards, places where facility personnel would be normally working, entrances to roads inside the facility, and possible evacuation routes.
On January 18, 2001, IDEM received documentation that arrangements were made with the local police, fire, engineering, and 911 departments from the Respondent. On July 3, 2001, IDEM received documentation that copies of a revised contingency plan, dated June 21, 2001, were sent to City of LaPorte hospital, Industrial Services Group, Spill Recovery of Indiana, City of LaPorte Police Department, City of LaPorte Fire Department, and the LaPorte County Local Emergency Planning Commission.
f. Pursuant to 329 IAC 13-7-3(b)(1), owners and operators of used oil processors and re-refiners facilities must have a contingency plan. Respondent facility did not have a contingency plan on-site.
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On January 18, 2001, IDEM received a copy of a contingency plan from the Respondent. The contingency plan was determined to be inadequate. On July 3, 2001, IDEM received a revised contingency plan, dated June 21, 2001, from the Respondent. On August 2, 2001, IDEM received copies of revised pages #4 and #6 of the contingency plan, dated June 21, 2001, and determined the contingency plan to be adequate.
g. Pursuant to 329 IAC 13-7-6(a), owners or operators of used oil processing and re-refining facilities must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of section 4 of this rule. Respondent did not have a written analysis plan on-site.
On January 18, 2001, IDEM received a copy of a written analysis plan from the Respondent. The written analysis plan was determined to be inadequate. On August 13, 2001, IDEM received a second revised copy of a written analysis plan from the Respondent. The second revised waste analysis plan was determined to be inadequate. On March 22, 2002, IDEM received a third revised waste analysis plan from the Respondent, which is currently under review. The third revised waste analysis plan was determined to be inadequate.
h. Pursuant to 329 IAC 13-7-8(a), the owner or operator of used oil processing and re-refining facilities must keep at the facility a written operating record. Respondent did not have a written operating record on-site.
On January 18, 2001, IDEM received a copy of a written operating record from the Respondent. The written operating record was determined to be inadequate. On August 13, 2001, IDEM received a second example of a written operating record from the Respondent. The second example of a written operating record was determined to be inadequate. On March 22, 2002, IDEM received a third example of a written operating record from the Respondent. The third example of a written operating record was determined to be inadequate.
i. Pursuant to 329 IAC 13-7-7, used oil processors and re-refiners must keep a record of each used oil shipment accepted for processing or refining and of each shipment of used oil that is shipped to a used oil burner, processor, re-refiner or disposal facility. Respondent did not have tracking records for used oil shipments from the facility to burners, processors, re-refiners, or disposal facilities.
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On January 18, 2001, IDEM received copies of tracking records from the Respondent. The tracking records were determined to be inadequate. On August 13, 2001, IDEM received an example of tracking records from the Respondent. The third example of tracking records was determined to be inadequate. On March 22, 2002, IDEM received a third example of tracking records from the Respondent. The third example of tracking records was determined to be inadequate.
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. Respondent shall comply with 329 IAC 13-6-6(h) and 329 IAC 13-7-5(g). Specifically, Respondent shall label all used oil containers and aboveground tanks with the words "Used Oil."
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6. Within thirty (30) days following the results of the waste determination, Respondent shall properly dispose of all contaminated soil. If the soil is determined to be hazardous, Respondent shall dispose of the soil at a permitted hazardous waste TSD facility utilizing a hazardous waste transporter who has obtained an EPA identification number. Documentation of proper disposal of contaminated soil shall be submitted to IDEM for review.
7. 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
8. Respondent is assessed a civil penalty of $0. This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay the original penalty amount assessed based on IDEM's civil penalty policy.
Violation
PenaltyFailure to comply with Order paragraph #4 $500 per week
Failure to comply with Order paragraph #5 $500 per week
Failure to comply with Order paragraph #6 $500 per week
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 Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
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11. 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.
12. 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.
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.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: __________________________ By: ________________________
Nancy L. Johnston, Chief
Office of Enforcement Printed: __________________
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 _______________, 2002.
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For the Commissioner:
__Signed on 9/20/02______
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs