STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS:
COUNTY OF MARION ) OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) Cause No. H-12979
v. )
)
UNION TANK CAR COMPANY )
)
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.
2. Respondent is Union Tank Car Company ("Respondent"), who operates a
company at 1100 East 145th Street, located in East Chicago, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction
over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail
on April 8, 1997, to:
R. A. Pritzker, President
Union Tank Car Company
225 West Washington
Chicago, Illinois 60606
5. Respondent submitted notification of hazardous waste activities to the United
States Environmental Protection Agency (U.S. EPA) on December 26, 1989, as a
large quantity generator of hazardous waste. Respondent paints the interior of
railway cars. Respondent was assigned the U.S. EPA I.D. No. IND 173 429 903.
6. Based upon an investigation of the facility on September 23, 1996, by the Office of
Solid and Hazardous Waste Management (hereinafter referred to as the
"OSHWM") of the IDEM, the IDEM contends that the following violations were
in existence or observed at the time of the inspection.
a. Pursuant to 40 CFR 262.34(a)(2) and (3), a generator must properly mark
or label all hazardous waste containers. Based on information gathered by
the IDEM, Respondent failed to properly label one (1) 55-gallon hazardous
waste drum of MEK (F005), located in the container storage building.
While the IDEM inspector was still at the facility, Respondent corrected
the omission of the drum in question.
b. Pursuant to 40 CFR 262.11 and 40 CFR 268.7, a person who generates a
solid waste, as defined in 40 CFR 261.2, must determine if that waste is a
hazardous waste using the methods described in 40 CFR 262.11, which
include use of analytical testing or the generator's knowledge of the
process that generates the solid waste and a determination of whether the
waste is listed as a hazardous waste in subpart D of 40 CFR Part 261.
Based on information gathered by the IDEM, Respondent had made a
hazardous waste determination for the absorbent paper and wipes, used to
clean the paint guns, based on Respondent's interpretation of 40 CFR Part
260. Respondent based its hazardous waste determination on its
knowledge of the concentration of the solvent remaining on the wipes at
the time they became a waste, and that the wipes contained a lower
concentration of MEK than the threshold for characterizing the wipes as a
hazardous waste due to ignitability or toxicity. The rags should be
classified as a hazardous waste because of the listings in subpart D of 40
CFR Part 261.
c. Pursuant to 40 CFR 262.12(c) and IC 13-30-2-1(11), a generator must not
offer his hazardous waste to transporters or to treatment, storage, or
disposal facilities that have not received an EPA identification number.
Based on information gathered by the IDEM, Respondent offered
hazardous waste absorbent paper and wipes, contaminated with MEK
(F005), to Deercroft Recycling and Disposal Facility, which had not
received an EPA identification number. Respondent disposed of the
absorbent paper and wipes at Deercroft Recycling and Disposal Facility
because Respondent had intended and believed that the absorbent paper
and wipes would be subject to a special waste certification issued by IDEM
to Respondent.
d. Pursuant to 329 IAC 3.1-7-3 and IC 13-30-2-1(12), a generator who
transports, or offers for transport, hazardous waste for off-site treatment,
storage, disposal, or recovery, must complete the manifest adopted by the
Board. Based on information gathered by the IDEM, Respondent failed to
use the manifest adopted by the Board for the hazardous waste absorbent
paper and wipes contaminated with MEK (F005) that were transported and
disposed at Deercroft Recycling and Disposal Facility. Respondent
disposed of the absorbent paper and wipes without a manifest at Deercroft
Recycling and Disposal Facility because Respondent had intended and
believed that the absorbent paper and wipes would be subject to a special
waste certification issued by IDEM to Respondent.
7. A settlement conference was held on May 6, 1997, to discuss the issues contained
in this Agreed Order.
8. 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 his delegate, and has been received by the Respondent. This
Agreed Order shall have no force or effect until the effective date.
2. Upon the effective date of the Order, Respondent shall ensure that all hazardous
waste containers are properly marked or labeled, pursuant to 40 CFR 262.34(a)(2)
and (3).
3. Upon the effective date of the Order, Respondent shall ensure that any and all
absorbent paper and wipes contaminated with MEK (F005) shipped off-site are
sent to a permitted treatment, storage, or disposal facility with the appropriate
manifest and land disposal restriction notification.
7. In the event that the civil penalty required by paragraph 5 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.
8. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The 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.
9. 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.
10. 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 by contract require that all contractors, firms, and other persons
acting for it comply with the terms of this Agreed Order.
11. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause
letter to Respondent.
By: ________________________ By: ________________________
Nancy L. Johnston, Acting Chief
Hazardous Waste Section Title: ________________________
Office of Enforcement
Date: ________________________ Date: ________________________
LEGAL RECOMMENDATION: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ________________________ By: ________________________
Loraine Seyfried/Scott Storms
Office of Legal Counsel
Date: ________________________ Date: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT
THIS _______ DAY OF ________________ 1997.
FOR THE COMMISSIONER:
________________________
David J. Hensel
Director of Office of
Enforcement
Converted by Andrew Scriven