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-13544
)
QUEMETCO, INC. )
)
Respondent. )
2. Respondent is Quemetco, Inc., (hereinafter referred to as "Respondent"), a
company doing business at 7870 West Morris Street, in Indianapolis, Indiana.
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 via Certified Mail
to:
Mr. Robert E. Finn, President C.T. Corporation System
Quemetco, Inc. Registered Agent for
2777 Stemmons Freeway Quemetco, Inc.
Suite 1800 One North Capitol Avenue
Dallas, Texas 75207 Indianapolis, Indiana 46204.
5. Respondent was inspected on June 4 and July 3, 1997 by Mr. John Naddy, Ms.
Theresa Pichtel, and Ms. Christina Halloran, of the Office of Solid and Hazardous
Waste Management (OSHWM) of IDEM. Based on these investigations, IDEM
contends that the following violations were in existence or observed at the time of
the inspections.
a. Pursuant to 40 CFR 264.75, 329 IAC 3.1-9, and Permit Condition II.K.3,
the owner or operator of a hazardous waste facility must submit a Biennial
Report that includes information on all hazardous waste received by the
facility. Based on information gathered by IDEM, the Biennial Report did
not describe all lead-bearing waste generated on-site. In a letter submitted
to IDEM on December 12, 1997, Respondent agreed to estimate the
amount of waste generated on-site and reclaimed, and to include this
information in all future Biennial Reports.
b.
Pursuant to 40 CFR 264.73(a) & (b), 329 IAC 3.1-9, and Permit Condition
II.K.1, the owner or operator of a hazardous waste facility must keep a
written record of the location and quantity of all hazardous waste at the
facility. Based on information gathered by IDEM, Respondent failed to
maintain a written operating record at the facility that contained the
required information or allowed individual shipments of waste to be
tracked. In letters submitted to IDEM on December 12, 1997 and
November 17, 1998, Respondent indicated that the facility's operating
record will be modified to help IDEM's inspectors determine the facility's
degree of regulatory compliance.
c. Pursuant to 40 CFR 268.50(a)(2)(i), an owner or operator of a treatment,
storage, or disposal facility must make sure each container is marked with
an accumulation start date. Based on information gathered by IDEM,
containers were staged and stored in various locations around the facility
without having been marked with accumulation start dates. In a letter
submitted to IDEM on December 12, 1997, Respondent indicated that
although they do not feel this regulation applies to wastes being staged
(rather than stored), they will now label all containerized hazardous waste
that is not processed within a day of being unloaded.
d. Pursuant to 40 CFR 262.34(a), a generator may accumulate hazardous
waste on-site for 90 days or less without a permit provided that the
containers are labeled with the words "Hazardous Waste" and with
accumulation start dates. Based on information gathered by IDEM,
Respondent failed to properly label the following containers:
1) Two 55-gallon containers of lead characteristic or assumed lead
characteristic hazardous waste located in the maintenance building.
2) One 2.3-cubic yard cardboard gaylord box located in the finished
product storage area. This box was used to collect spent
cardboard.
e. Pursuant to 40 CFR 265.31, facilities must be maintained and operated to
minimize the possibility of a fire, explosion, or any unplanned sudden or
non-sudden release of a hazardous waste to the air, soil, or surface water,
which could threaten human health or the environment. Based on
information gathered by IDEM, Respondent failed to properly manage a
hazardous waste container to minimize a release to the environment. One
20-cubic yard roll-off container of used refractory brick was leaking a
green liquid. In a letter submitted to IDEM on December 12, 1997,
Respondent said that they had modified procedures to require that waste
be added or removed from a roll-off only when the roll-off is under a roof.
f. Pursuant to 40 CFR 265.35 and Permit Condition II. H.- 4, the owner or
operator of a hazardous waste facility must maintain enough aisle space to
allow the unobstructed movement of personnel, fire protection, spill
control, and decontamination equipment. Based on information gathered
by IDEM, Respondent failed to provide the required aisle space along the
north wall of the finished goods storage area.
g. Pursuant to 40 CFR 264.175(b) and Permit Condition III. F, container
storage areas must be equipped with containment systems that are free of
cracks or gaps, and sufficiently impervious to contain leaks, spills, or
precipitation. Based on information gathered by IDEM, Respondent failed
to properly maintain the hazardous waste containment trench free of
cracks and gaps. In a December 12, 1997 letter, Respondent indicated
they were seeking IDEM's RCRA Permitting Section approval to use an
new material, possibly less prone to cracking, to maintain the trench. On
June 15, 1998, IDEM approved the alternative trench coating material.
h. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a),
Permit Condition III.E.1(a), and Permit Attachment F-3(5), a container
holding hazardous waste must always be closed during storage, unless
necessary to add or remove waste. Based on information gathered by
IDEM, the following containers were not closed:
1) One 55-gallon steel container half-full of liquids.
2) Nineteen 55-gallon steel containers of lead acid battery plates.
3) Three 55-gallon containers of gray powder.
4) One 55-gallon container of white and orange material.
5) One 55-gallon container of rags.
6) One 55-gallon container of cassettes.
7) One 1-cubic yard tote located in the finished product warehouse,
and used to collect cardboard.
8) One 2.3 cubic yard cardboard gaylord box located in the finished
product storage area, used to collect spent cardboard.
9) One 55-gallon metal container located in the finished product
storage area. The container held one spent pasting belt, and was
labeled with the words "Yuma Exide." Facility personnel closed
this container during the inspection.
10) Two 55-gallon containers of lead characteristic or assumed lead
characteristic hazardous waste, located in the maintenance
building.
11) One nickel-cadmium battery satellite accumulation container,
located next to the scale office. This violation was observed and
corrected during both the June 4, 1997 and July 3, 1997 inspection.
i. Pursuant to 40 CFR 265.173(b), a container holding hazardous waste must
not be opened, handled, or stored in a manner that may rupture the
container or cause it to leak. Based on information gathered by IDEM,
Respondent failed to manage the following containers properly:
Two 55-gallon containers of lead characteristic or assumed lead
characteristic hazardous waste located in the maintenance building
The containers were overfilled. In a letter submitted to IDEM on
December 12, 1997, Respondent indicated that they had ordered
new containers with attached lids, which would prevent overfilling.
One 2.3-cubic yard cardboard gaylord box located in the finished
product storage area, being used to collect spent cardboard. The
container was overfilled.
One 20-cubic yard roll-off container that was leaking a green
liquid.
j. Pursuant to 40 CFR 265.174, owners and operators of hazardous waste
facilities must conduct weekly inspections of container storage areas and
containment areas. Based on information gathered by IDEM, Respondent
failed to conduct weekly inspections of the two 55-gallon containers used
to collect hazardous waste in the maintenance building, and containers
stored along the north side of the finished goods area. Respondent
contends that the containers located along the north side of the finished
goods area were being staged rather than stored.
6. On November 3, 1997, April 21, 1998, and November 19, 1998, the parties met to
discuss the above allegations.
7. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
2. In the future, Respondent shall ensure that Biennial Reports include information
on all hazardous wastes generated on-site.
3. Within thirty (30) days of the effective date of the Order, Respondent shall
maintain a written record of the location and quantity of all hazardous waste at the
facility, in accordance with 40 CFR 264.73(a) & (b), 329 IAC 3.1-9, and Permit
Condition II.K.1. Examples of items the operating record should contain are as
follows:
a. Manifest numbers for all containers of hazardous waste that arrive at the
facility.
b. Information on the origin of each individual container of manifested
hazardous waste, and the date the container arrived at the facility.
c. Information on the location of each individual container of manifested
hazardous waste, such as in the Permitted Storage Area, a Staging Area, or
Bin 10.
4. Upon the effective date of the Order, Respondent shall ensure that all hazardous
waste containers, including pallets of intact batteries (one label per pallet), are
marked with accumulation start dates and with the words "Hazardous Waste."
5. In the future, Respondent shall ensure that rain water does not come in contact
with any open hazardous waste containers.
6. Upon the effective date of the Order, Respondent shall ensure that all containers
of hazardous waste - whether generated on-site or off-site - are stored closed,
except when necessary to add or remove waste.
7. Upon the effective date of the Order, Respondent shall ensure that containers are
handled in a manner which prevents rupture or leaks.
8. Upon the effective date of the Order, Respondent shall ensure that all containers
are provided with sufficient aisle space to allow for inspections and for the
movement of emergency equipment and personnel.
9. Upon the effective date of the Order, Respondent shall conduct the required
inspections of less-than-90-day hazardous waste container storage areas (in
accordance with all applicable rules) and permitted storage areas (in accordance
with permit requirements.)
10. Upon the effective date of the Order, Respondent shall ensure that off-site waste
received at the facility is processed or stored within the time required by law or
regulation.
11. Upon the effective date of the Order, Respondent shall ensure that non-lead
bearing waste is not burned in bin #10. Within thirty (30) days of the effective
date of the Order, provide to IDEM a written description of how Respondent
intends to make sure that only lead-bearing waste is burned.
12.
All submissions required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Aubrey N. Sherif, Environmental Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
IDEM agrees to send all correspondence related to this Agreed Order to:
Mr. Robert Kelsey
Environmental Health & Safety Compliance Manager
Quemetco, Inc.
7870 West Morris street
Indianapolis, Indiana 46231
13. Respondent is assessed a civil penalty of nine thousand dollars ($9,000). 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.
14. Civil penalties 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 46207-7060
15. In the event that the civil penalty required by paragraph 13 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.
16. 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.
17. 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.
18. 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.
19. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause
letter to Respondent. This Agreed Order resolves all violations observed during
the June 4 and July 3, 1997 inspections.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: _________________________ By: _________________________
Nancy L. Johnston, Chief
Hazardous Waste Printed:
Office of Enforcement
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS _____ DAY OF ____________________, 1999.
For the Commissioner:
Signed February 3, 1999
Felicia Robinson George
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven