Converted WP file ./AO/B-1974

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STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,            )
                            )
            v.                )    CAUSE NO. B-1974
                            )
WHITE CONSOLIDATED             )
INDUSTRIES, INC.                    )
                            )
        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 (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 White Consolidated Industries, Inc. (hereinafter referred to as "Respondent"), who owned and operated the Frigidaire Plant located at 2000 Illinois Avenue, a household appliance manufacturing company in Connersville, Fayette County, Indiana, (hereinafter referred to as the "Plant") from November 1987 to December of 1994.

3.    During the above period of time, the Plant discharged industrial process wastewater to the Connersville Wastewater Treatment Plant (WWTP) under permit No. CU-108 ("the Permit"). The WWTP operates an approved pretreatment program for its industrial users

under National Pollutant Discharge Elimination System (NPDES) permit No. IN 0032336.

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

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

        Mr. Douglas E. Mix, Vice-President        C. T. Corporation System
        Regulatory Affairs                1 North Capitol Avenue
        White Consolidated Industries, Inc.        Indianapolis, Indiana 46204
        11770 Berea Road
        Cleveland, Ohio 44111

6.    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted a record review on April 9, 1997, of industrial process wastewater pre-treatment reports submitted by White Consolidated Industries, Inc. (WCI) to Connersville Utilities during the period between January 1992 and December of 1994.

7.    Based on the above record review WCI was found in violation of the following provisions of the Indiana Code (IC), Indiana Administrative Code (IAC), the Permit, Federal Categorical and local pre-treatment standards.

8.    IC 13-30-2-1 requires, in substance, that no person may discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violates or would violate rules, standards, or discharge emission requirements adopted by the appropriate board pursuant to this article.

9.    327 IAC 5-12 requires that all discharges to POTWs comply with State and Federal pretreatment standards. The Plant fell under 40 CFR 433.17 and 40 CFR 466.14 Federal Categorical pre-treatment standards as well as local pretreatment standards as stated in the Permit.

10.    The Federal categorical pretreatment standards contained in 40 CFR 433.17 and 40 CFR 466.14 are incorporated by reference into 327 IAC 5-12-6.

11.    The Permit issued by the City of Connersville became effective on May 4, 1992. The Permit lists under Part 7, "Effluent Limitations" and Attachment B, the effluent

limitations and monitoring requirements for the Plant. These are based, in part, on the Federal categorical pretreatment standards limiting concentrations of certain metals and total toxic organics. In addition, the Permit lists in Attachment B, discharge limitations based on general prohibitive discharge standards, as contained in the Connersville Sewer Usage Ordinance, Section 51.05 of Chapter 51, per the requirements of 40 CFR 403.5. These limitations concern conventional pollutants including pH, Suspended Solids (SS), and Chemical Oxygen Demand (COD). These standards are deemed pretreatment standards under 327 IAC 5-11-1 through 327 IAC 5-15-12, through authority of 327 IAC 5-12-2.

12.    Based on the metals discharge limitations contained in the Plant's Industrial Wastewater Discharge Permit and reported by the Plant to Connersville Utilities, WCI exceeded the:

    a.    Nickel concentration limit a total of thirteen (13) times between January 1993 and December 1994;

    b.    Zinc concentration limit a total of eight (8) times between March 1993 and December 1994; and

    c.    Iron concentration limit a total of three (3) times between March 1993 and July 1994.

13.    Based on the conventional pollutant discharge limitations contained in the Plant's Industrial Wastewater Discharge Permit and reported by the Plant to the City of Connersville Utilities, WCI exceeded the:

    a.    SS concentration limit a total of five (5) times between March 1993 and December 1994;

    b.    COD limit a total of three (3) times between June 1993 and July 1994; and

    c.    pH limit a total of five (5) times between April 1993 and December 1994.

14. The Plant also violated the Permit's monitoring and reporting requirements by submitting four (4) late reports to Connersville Utilities during the period between March 1994 and November 1994, and failed to provide complete data eight (8) times during the period between January 1993 and September 1994. These failures to report or report timely constitute failures to carry out monitoring, recording and reporting required under

approved pretreatment programs and are therefore violations of the pretreatment rules 327 IAC 5-11-5.

15.    These exceedances and failure to submit complete and/or timely reports are violations of IC 13-30-2-1 and the State pretreatment rules, 327 IAC 5-11-1 through 327 IAC 5-15-12, through authority of 327 IAC 5-11-5.

16.    327 IAC 5-11-5 states in relevant part that the commissioner may (independently of any enforcement proceedings by the POTW) take enforcement measures (including the assessment of civil penalties) against the industrial user for violations of pretreatment standards and requirements contained in the pretreatment rules 327 IAC 5-11-1 through 327 IAC 5-15-12.

17.    As of the Effective Date, this Agreed Order resolves all violations of Respondent's pretreatment permit (CU-108) known to IDEM.

18.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

II. ORDER

1.    This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2.    Respondent is assessed a civil penalty of Sixty Two Thousand Four Hundred Dollars ($62,400). 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.

3.    Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action (B-1974) and shall be mailed to:

                Cashier
                Indiana Department of Environmental Management
                100 N. Senate Avenue
                P. O. Box 7060
                Indianapolis, IN 46207-7060

4.    In the event that the civil penalty required by paragraph 2 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.

5.    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.

6.    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.

7.    Nothing in this Agreed Order shall be deemed an admission of liability or fact by Respondent or a waiver of any defense to future legal proceedings.

8.    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.

9.    This Agreed Order shall terminate upon receipt of full payment of the Civil Penalty by Respondent required under paragraph II.2.

TECHNICAL RECOMMENDATION: WHITE CONSOLIDATED
Department of Environmental Management INDUSTRIES, INC.:

By:     _________________________        By:     _________________________
    Mark Stanifer, Section Chief
    Office of Enforcement            Printed: ________________________

Title: ________________________

Date: _______________ Date: _______________

COUNSEL FOR COMPLAINANT:        COUNSEL FOR RESPONDENT:
Nancy A. Holloran, Attorney                Douglas A. McWilliams, Attorney
Department of Environmental Management        Squire, Sanders & Dempsey

_______________________________ _____________________________
Office of Legal Counsel
Department of Environmental Management

Date: _______________ Date: _______________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 1998.

FOR THE COMMISSIONER:

                            ____Signed 03/13/98_____
                            David J. Hensel
                            Director
                            Office of Enforcement

Converted by Andrew Scriven