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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. H-13366
                            )
UGIMAG, 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, UGIMAG, Inc. (hereinafter referred to as "Respondent"), is a company doing business at 405 Elm Street, Valparaiso, 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 to:

        Ferdinand Gallo, President        CT Corporation System, Resident Agent
        UGIMAG, Inc.            for UGIMAG, Inc.
        405 Elm Street            One North Capitol Avenue
        Valparaiso, IN 46383            Indianapolis, IN 46204

    5.    Respondent manufactures magnets for many different uses. Hazardous waste is generated from waste paint filters. Respondent notified as a small quantity generator on August 15, 1980, and operates with the U.S. EPA identification number IND 005068622.

    6.    Based upon an investigation of the facility on May 8, 1997, 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 262.11 and 40 CFR 268.7, a person who generates a solid waste must determine if that waste is a hazardous waste. Based upon information gathered by the IDEM, Respondent had not made a proper hazardous waste determination for filters contaminated with methyl ethyl ketone (F005/D035). Since the inspection, Respondent has notified the IDEM that it has revised its procedures for cleaning the paint lines. Specifically, all methyl ethyl ketone used to flush the paint lines and guns is collected and managed in satellite accumulation containers. Respondent applied for a special waste certification on July 21, 1997.

        b.    Pursuant to 40 CFR 262.12(c) and IC 13-30-2-1(11), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. Based upon information gathered by the IDEM, Respondent sent hazardous waste paint filters to transporters and TSD facilities which have not received EPA ID numbers or permits to handle the material.

        c.    Pursuant to 40 CFR 262.20, 329 IAC 3.1-7-4 and 329 IAC 3.1-7-8, a generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal must prepare a manifest. Based upon information gathered by the IDEM, Respondent has not used a hazardous waste manifest for the shipment of the hazardous waste paint filters.

        

        d.    Pursuant to 40 CFR 268.7, a generator must provide a Land Ban Notification to the treatment, storage and disposal (TSD) facility with each shipment. Based upon information gathered by the IDEM, Respondent has not provided a Land Ban Notification for the shipment of hazardous waste paint filters.

        e.    Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of hazardous waste in containers at or near any point of generation as long as he marks the containers with the words "Hazardous Waste" or with other words that identify the contents of the containers. Based on information gathered by the IDEM, the Respondent failed to label a satellite accumulation container of waste paint with the words "Hazardous Waste" or with other words that identified the contents. This violation was corrected at the time of the inspection.

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

    8.    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.

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.    Upon the effective date of the Order, Respondent shall not offer his hazardous waste to treatment, storage, or disposal facilities that have not received an EPA identification number.

    3.    Upon the effective date of the Order, Respondent shall ensure that all hazardous waste shipments are properly manifested on forms adopted by the board.

    4.    Upon the effective date of the Order, Respondent shall ensure that Land Ban Notifications are provided with each shipment of hazardous waste paint filters.

    5.    Upon the effective date of the Order, Respondent shall ensure that all satellite accumulation containers are marked with the words "Hazardous Waste" or with other words that identify the contents of the container.

    
    6.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

        Ms. Dianna Schlicher
        Office of Enforcement
        Hazardous Waste Section
        Indiana Department of Environmental Management
        100 N. Senate Avenue
        P. O. Box 6015
        Indianapolis, IN 46206-6015

    7.    Respondent is assessed a civil penalty of Four Thousand One Hundred Twenty- Five Dollars ($4,125). 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.

    8.    Civil are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:

            Cashier
            IDEM
            100 N. Senate Avenue
            P. O. Box 7060
            Indianapolis, IN 46206-7060

    9.    In the event that the civil penalty required by paragraph 7 is not paid within specified time frames 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.

    10.    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.

    11.    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.

    12.    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.


    13.    This Agreed Order shall remain in effect until compliance with all terms of this Agreed Order are achieved, and a follow-up inspection is conducted. Once compliance is verified through the inspection, IDEM will issue a Resolution of Cause letter to the Respondent.

TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management

By: _________________________            By: _________________________
Nancy L. Johnston, Acting Section Chief
Hazardous Waste Section            Printed: ______________________
Office of Enforcement
                            Title: ________________________

Date: ________________________            Date: ________________________

COUNSEL FOR COMPLAINANT:            COUNSEL FOR RESPONDENT:
Department of Environmental Management

By: _________________________            By: ________________________
Loraine Seyfried                      Scott D. Hubbard
Office of Legal Counsel                 WARNER NORCROSS & JUDD

Date: _______________________            Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 1997.

                            

                            Signed on 8/29/97
                            John M. Hamilton
                            Commissioner

Converted by Andrew Scriven