STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CAUSE NO. H-13558
v. )
STEWART-WARNER )
SOUTH WIND CORPORATION )
)
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. Pursuant to IC 13-30-3-3, entry into this agreement
does not constitute an admission of any violation contained herein.
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of
the Indiana Department of Environmental Management, a department of the
State of Indiana established by IC 13-13-1-1.
2. Respondent is Stewart-Warner South Wind Corporation, (hereinafter referred to
as "Respondent"), a company doing business at 3 Industrial Drive, Troy,
Indiana.
3. The Indiana Department of Environmental Management (hereinafter referred to
as "IDEM") has jurisdiction over the parties and subject matter of this action.
4. Respondent submitted notification as a generator of hazardous waste to the U.S.
EPA and was assigned the I.D. # IND 984 869 982.
Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail
to:
Mr. Larry A. Hoover C T Corporation
Stewart-Warner Resident Agent
South Wind Corp. One North Capitol Ave.
5701 Fortune Circle So. Indianapolis, IN 46204
Indianapolis, IN 46241
6. On December 8,1997, Ms. Susan Lowry of the Office of Solid and Hazardous
Waste Management (OSHWM) of IDEM, conducted a Compliance Evaluation
Inspection of the facility. IDEM contends that the following violations were in
existence or observed at the time of the inspection:
Pursuant to 40 CFR 261.2(e)(1)(ii), materials are not solid wastes when
they can be shown to be recycled by being used or reused as effective
substitutes for commercial products. Based on information gathered by
IDEM, four (4) 55-gallon drums of waste muriatic acid intended for
reuse in wastewater treatment were improperly labeled with the words
"Hazardous Waste." The drums were marked with an accumulation date
of August 6, 1993, and were located in the area of the zinc chromate
line.
Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a
generator may accumulate as much as 55-gallons of hazardous waste at
or near the point of generation must comply with all the requirements of
this part. Based on information gathered by IDEM, Respondent failed to
keep closed a satellite accumulation container labeled as "JP-4 and turbo
oil" in the function test board area. This violation was corrected at the
time of the inspection.
Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16, facility
personnel must successfully complete a program of classroom instruction
or on-the-job training that teaches them to perform their duties in a way
that ensures the facility's compliance with the requirements of this part.
Based on information gathered by IDEM, Respondent failed to
implement, and document a hazardous waste management training
program for its secondary alternate emergency coordinator.
7. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
WHEREFORE, based upon the Findings of Fact and upon consent of the parties, it is hereby
ORDERED that:
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. In the future, Respondent shall ensure that all contaminated acids destined for
reuse in the wastewater treatment system are properly labeled and made readily
available for use by staff.
3. In the future, Respondent shall ensure that all hazardous waste containers are
stored closed except when necessary to add or remove waste pursuant to 40
CFR 262.34(c)(i).
4. Within thirty (30) days of the effective date of the Order, Respondent shall
develop, implement, and document a hazardous waste training program pursuant
to and containing all the requirements of 40 CFR 265.16. Submit a copy of the
hazardous waste management training program to IDEM for review.
All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to :
Richard R. Milton, Case Manager
Office of Enforcement
Indiana Department of
Environmental Management
P.O. Box 6015
Indianapolis, Indiana 46206-6015
Respondent is assessed a Civil Penalty of $2,400. Said penalty amount shall be
due and payable to the Environmental Management Fund within thirty (30) days
of the Effective Date of this Agreed Order.
7. In the event the following terms and conditions are violated, the Complainant
may assess and the Respondent shall pay a stipulated penalty in the following
amounts:
Violation Penalty
Failure to comply $500 per day
with Order #4
8. Stipulated penalties shall be due and payable within thirty (30) days after
Respondent receives written notice that the Commissioner 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 assessment of the
stipulated penalty 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 13-30-4-1.
9. Stipulated Penalties are payable by check to the Environmental Management
Special Fund. Checks shall include the Cause Number and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060
10. In the event that the civil penalty required in paragraph 6 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.
11. 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 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 Order.
12. 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.
13. The Respondent shall provide a copy of this 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 Order.
14. This Agreed Order shall remain in effect until IDEM issues a Resolution of
Cause letter to Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: By:
Nancy L. Johnston, Chief
Hazardous Waste Section
Office of Enforcement
Date: Date:
COUNSEL FOR THE
INDIANA DEPARTMENT OF COUNSEL FOR RESPONDENT:
ENVIRONMENTAL MANAGEMENT
By: By:
Scott R. Storms
Office of Legal Counsel
Department of Environmental
Management
Date: Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
THIS DAY OF , 199 .
FOR THE COMMISSIONER:
signed on 4/23/98
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven