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-13712
v. )
)
ENVIRONMENTAL SERVICES OF )
)
AMERICA--IN, Inc. )
)
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 Environmental Services of America--IN, Inc. (Respondent), which
operates a place of business, located at 604 South Scott Street, South Bend,
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 for inspections
conducted on June 8 & 9, August 11 & 12, and September 29, 1998 , via
Certified Mail to:
Mr. Robert Miller, President C T Corporation, Registered Agent
Environmental Services of America-- for Environmental Services of
IN, Inc. America--IN, Inc.
937 E. Hazelwood Ave. One North Capitol Avenue
Rahway, New Jersey 07065 Indianapolis, Indiana 46294
Respondent hereby waives its right to the issuance of a Notice of Violation,
pursuant to IC 13-30-3-3, for the inspection conducted on December 14, 1998.
5. Respondent operates under a RCRA Part B Permit (hereinafter referred to as
"Permit") for treatment and storage of hazardous waste, issued to the facility on
January 22, 1993. Respondent submitted a RCRA Part B Permit Renewal
Application in August of 1997. IDEM has issued three (3) Notices of Deficiency
to Respondent regarding the Permit Renewal Application. Nothing in this Agreed
Order should be construed to relieve Respondent of any of the Permit
requirements found in 40 CFR Parts 264 and 270. The U.S. EPA I.D. No. of the
facility is IND 980590947.
6. Respondent blends organic materials for marketing as supplemental fuel and
operates a storage/transfer station for materials not amenable for supplemental
fuel.
7. Respondent, as the permittee, has a duty to comply with all applicable conditions
of the Permit, except to the extent and for the duration such noncompliance is
authorized by an emergency permit or addressed by the terms of this Agreed
Order. Any Permit noncompliance, other than noncompliance authorized by an
emergency permit or addressed by the terms of this Agreed Order, constitutes a
violation of IC 13-30 and is grounds for enforcement action, for permit
termination, revocation and reissuance, modification, or denial of a permit
renewal application, or other appropriate action.
8. Respondent, as the permittee, has a duty to take all reasonable steps to minimize
releases to the environment and correct any adverse impact on the environment
resulting from noncompliance with the Permit.
9. Effective February 24, 1992, 329 IAC 3.1 replaced 329 IAC 3 as the article
establishing a hazardous waste management program in the State of Indiana. This
article incorporates many of the federal standards for the management of
hazardous waste, which have been published in 40 CFR Part 260 through 40 CFR
Part 273.
10. The IDEM contends that the following violations were in existence or observed
by the Office of Solid and Hazardous Waste Management at the time of
inspections conducted on June 8 & 9, August 11 & 12, September 29, and/or
December 14, 1998.
a. Pursuant to Permit Conditions II.A and I.D.6 and/or 40 CFR
264.31, the permittee shall maintain and operate the facility to
minimize the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste constituents to
air, soil, groundwater or surface water which could threaten human
health or the environment. The permittee shall at all times
properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are
installed or used by the permittee to achieve compliance with the
conditions of the Permit. Based on information gathered by the
IDEM, Respondent failed to maintain and operate the facility to
minimize the release of hazardous waste. Hazardous waste
residues from drum tipper operations were noted on the tipper
room walls. door, doorframe, floor. and associated equipment.
Residues were present on conveyor equipment entering and
leaving the tipper room and were dragged out onto the floor of the
adjoining room. Additionally, there was a release of hazardous
waste from the piping behind the old tank farm along the concrete
wall. Respondent contends that the release from the piping
occurred in 1993 and was remediated, but was unable to provide
documentation of such. During the September 29, 1998,
inspection, the IDEM inspector observed several tyveks laying on
the floor. The tyveks were not properly containerized or labeled.
b. Pursuant to Permit Attachment IV referencing Table I and/or 40
CFR 264.195 and 40 CFR 264.15, the permittee shall conduct
regularly scheduled inspections of the active facility for equipment
malfunctions, structural deterioration, or operator error. The
inspections will follow the written checklists in Table 1. These
inspections will check for any discharges, malfunctions,
deterioration, and operator errors which could lead to releases of
hazardous waste constituents to the environment. Items that are
identified to require remedial action or repair will be noted on the
checklist. The owner or operator of a tank system must inspect at
least once each operating day the aboveground portions of the tank
systems to detect corrosion or releases of waste. The owner or
operator must document the inspections in the operating log of the
facility and must remedy any deterioration or malfunction of
equipment or structures which the inspection reveals on a schedule
which ensures that the problem does not lead to an environmental
or human health hazard. Based on information gathered by the
IDEM, Respondent failed to document releases/leaks discovered
through inspections and failed to remedy the deterioration or
malfunction which led to the releases. Releases were observed in
the area of the tipper tank and the tank farm.
c. Pursuant to Permit Condition IV.G. and/or 40 CFR 264.196 and 40
CFR 264.193, a tank system or secondary containment system
from which there has been a leak or spill, or which is unfit for use,
must be removed from service immediately, and the owner or
operator must immediately stop the flow of hazardous waste into
the tank system or secondary containment system and inspect the
system to determine the cause of the release. If the material
released was to a secondary containment system, all released
materials must be removed within twenty-four (24) hours or in as
timely a manner as is possible to prevent harm to human health or
the environment. Based on information gathered by the IDEM,
the hammer pump and transfer pump for the drum tipper routinely
leak into the secondary containment. Waste is allowed to
accumulate on the floor and in the sump of the secondary
containment system.
d. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate
hazardous waste on site for ninety (90) days or less without a
permit or without having interim status provided that the date upon
which each period of accumulation begins is clearly marked and
visible for inspection on each container. Based on information
gathered by the IDEM, Respondent failed to clearly mark the date
upon which accumulation began for a 5500-gallon tanker truck
containing contaminated water from the truck loading/unloading
overflow tanks and for tanker #133.
e. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for ninety (90) days or less without a permit or without having interim status provided that, while being accumulated on-site, each container is labeled or marked clearly
with the words, "Hazardous Waste." Based on information
gathered by the IDEM, Respondent failed to label a 5500-gallon
tanker truck containing contaminated water and tanker #133 with
the words, "Hazardous Waste."
f. Pursuant to 40 CFR 264.71, if a facility receives hazardous waste
accompanied by a manifest, the owner or operator, or his agent,
must sign and date each copy of the manifest to certify that the
hazardous waste covered by the manifest was received and must
immediately give the transporter at least one (1) copy of the signed
manifest. Based on information gathered by the IDEM,
Respondent failed to sign and date the manifests and failed to
provide the transporter with a copy of the manifests for a load of
eighty-three (83) containers of hazardous waste from Haz Chem.
g. Pursuant to 329 IAC 13-7-4, if the used oil contains greater to or
equal to 1000 ppm total halogens, it is presumed to be hazardous
waste. The owner or operator may rebut the presumption by
demonstrating by analysis or knowledge of product and use that
the used oil has not been mixed with a listed hazardous waste.
Respondent was unable to rebut the presumption that used oil
received from OSI Environmental, Inc. on August 5, 1998, was
contaminated with hazardous waste. Subsequent information
obtained by IDEM from the manufacturer was sufficient to rebut
the presumption.
h. Pursuant to 40 CFR 265.1085(g)(2), whenever a hazardous waste
is in the tank, the fixed roof shall be installed with each closure
device secured in the closed position. Based on information
gathered by the IDEM, hatches on the tops of tanks B-1 and B-2
were not secure. The hatches were not bolted down and there were
visible cracks and gaps.
i. Pursuant to 40 CFR 265.1085(d), owners and operators controlling
air pollutant emissions from a tank using Tank 2 controls shall use
one of the following tanks:
(i) A fixed-roof tank equipped with an internal floating roof in
accordance with the requirements of 40 CFR 265.1085(e);
(ii) A tank equipped with an external floating roof in
accordance with the requirements of 40 CFR 265.1085(f);
(iii) A tank vented through a closed-vent system to a control
devise in accordance with the requirements of 40 CFR
265.1085(g);
(iv) A pressure tank designed and operated in accordance with
the requirements of 40 CFR 265.1085(h);
(v) A tank located inside an enclosure that is vented through a
closed-vent system to an enclosed combustion control
devise in accordance with the requirements of 40 CFR
265.1085(i).
Based on information gathered by the IDEM, Blend Tanks BT-1
and BT-2 and the Tipper Tank, all subject to Level 2 controls, are
not operated in accordance with 40 CFR 265.1085(d). As non-
pressurized fixed roof tanks subject to Level 2 controls, Tanks BT-
1 and BT-2 must either be vented through a closed vent system to
a control devise in accordance with 40 CFR 265.1085(g) or located
in an enclosure vented through a closed-vent system to an enclosed
combustion control device. The tanks were not vented through a
closed vent system to any control devise nor located in an
enclosure vented through a closed-vent system to an enclosed
combustion control devise. As an open tank without a fixed roof,
subject to Level 2 controls, the Tipper Tank must be located inside
an enclosure that is vented through a closed-vent system to an
enclosed combustion control devise as specified in 40 CFR
265.1085(i). The Tipper Tank enclosure is not vented to an
enclosed combustion control devise. The enclosure is vented
through a caustic scrubber operating under a FESOP permit issued
under 40 CFR, Part 70. However, the tank system is subject to
Subpart CC regulations unless the unit is equipped with and
operating under air emission controls in 40 CFR, Parts 60, 61, and
63.
j. Pursuant to 40 CFR 265.1088(c)(5)(i) referencing 40 CFR
265.1034(c)(1-4) and 40 CFR 265.1035(b)(4)(iii), an owner or
operator shall demonstrate using either a performance test as
specified in 40 CFR 265.1088(c)(5)(iii) or a design analysis as
specified in 40 CFR 265.1088(c)(5)(iv) the performance of each
control device. Based on information gathered by the IDEM,
Respondent failed to conduct a performance test or design analysis
to demonstrate that the carbon absorption system for Tanks # 1-10
achieves the specified performance requirements. The carbon has
not been changed for four (4) years.
k. Pursuant to Permit Condition IV.C. referencing Attachment III, the permittee shall maintain the required minimum tank shell thickness
at all times to ensure sufficient shell strength. Based on
information gathered by the IDEM, Respondent failed to maintain
the required minimum tank shell thickness. Tank #2 has exceeded
the maximum annual recommended corrosion rate (.002") for the
tank wall thickness. Measurements showed the tank wall thickness
for the bottom of Tank #2 exceeded the rate for all four (4)
quadrants.
l. Pursuant to 329 IAC 3.1-7-11 &12, a hazardous waste manifest
must include the three (3) digit handling codes that most closely
represents the method used at the designated facility to treat, store,
dispose, or recover each hazardous waste listed on the manifest.
Based on information gathered by the IDEM, Respondent failed to
include the three (3) digit handling codes for hazardous wastes on
manifest nos. INA 1180037 and INA 1180052.
m. Pursuant to 40 CFR 268.7, all EPA hazardous waste numbers
listed on manifests must be included on land disposal restriction
notifications. Based on information gathered by the IDEM, the
land disposal restriction notification for manifest number INA
1180048 did not include all EPA hazardous waste numbers which
were listed on the manifest.
n. Pursuant to Permit Conditions III.C & E. and/or 40 CFR 264.171
& 173, if a container holding hazardous waste is not in good
condition or if it begins to leak, the owner/operator shall transfer
the hazardous waste from such container to a container that is in
good condition or otherwise manage the waste in a way that
complies with the requirements. A container holding hazardous
waste must always be closed during storage, except when it is
necessary to add or remove waste, and must not be opened,
handled, or stored in a manner which may rupture the container or
cause it to leak. Based on information gathered by the IDEM,
Respondent failed to manage containers in a manner to prevent
leakage from the containers. Several containers in the tipper room
(and surrounding areas) and the container storage area were stored
open and/or were leaking. Repeat leaking and open container
mismanagement violations were observed during the inspection by
the OSHWM conducted on September 29, 1998.
o. Pursuant to Permit Attachment II.C., all containers shall have appropriate DOT transportation labels, a hazardous waste label identifying the waste type and generator, and the date the container
was received into storage by the permittee. Based on information
gathered by the IDEM, Respondent failed to label at least two (2)
containers in the container storage area with a hazardous waste
label and failed to place the start of accumulation date on at least
one (1) container of hazardous waste in the container storage area.
Repeat unlabeled and undated container mismanagement violations
were observed during the inspection by the OSHWM on
September 29, 1998.
p. Pursuant to 329 IAC 13-7-5(g), containers and aboveground tanks
used to store or process used oil at processing and re-fining
facilities must be labeled or marked clearly with the words "Used
Oil." Based on information gathered by the IDEM, Respondent
failed to label at least one (1) tote of used oil with the words "Used
Oil."
q. Pursuant to 329 IAC 13-7-5(c) and (h), containers and
aboveground tanks used to store or process used oil at processing
and re-refining facilities must not be leaking. Upon detection of a
release of used oil to the environment, an owner or operator must
perform the clean-up steps found in 329 IAC 13-7-5(h). Based on
information gathered by the IDEM, Respondent allowed tote of
used oil to leak onto the ground and failed to follow the clean-up
steps of 329 IAC 13-7-5(h).
r. Pursuant to 40 CFR 264.196(c)(2), a tank system or secondary
containment system from which there has been a leak or spill, or
which is unfit for use, must be removed from service immediately,
and the owner or operator must immediately conduct a visual
inspection of the release and based on that inspection, remove, and
properly dispose of, any visible contamination of the soil or
surface water. Based on information gathered by the IDEM,
Respondent failed to remove and properly dispose of visual
contamination from a release of hazardous waste from the piping
behind the old tank farm along the concrete wall. Respondent
contends that the release occurred in 1993 and was remediated, but
could not provide documentation of such.
s. Pursuant to IC 13-30-2-1(1), 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 in any form that causes or would cause pollution in
violation of 40 CFR 264.31, 329 IAC 10-4-2, and/or 329 IAC 13.
Based on information gathered by the IDEM, Respondent allowed
and/or threatened to allow the release of contaminants and waste
into the environment. Respondent failed to maintain and operate
the facility to prevent releases by allowing a release of used oil
from a tote and a release of hazardous waste along the concrete
wall behind the old tank farm.
t. Pursuant to Permit Condition I.G.5 and 40 CFR 264.73(b)(2), the
permittee shall maintain at the facility an operating record as
required by 40 CFR 264.73. The operating record shall include
the location of each hazardous waste within the facility and the
quantity at each location. Based on information gathered by the
IDEM at the time of the September 29, 1998, inspection,
Respondent failed to properly maintain the operating record. A
drum of hazardous waste in Row C of the container storage area
was not listed in the operating record. Additionally, six (6) fifty-
five gallon drums were listed in Row S of the record when they
were actually located in Row M of the container storage area.
u. Pursuant to Permit Condition II.H.4 and 40 CFR 264.35, the
permittee shall maintain adequate aisle space as required by 40
CFR 264.35. The owner or operator must maintain aisle space to
allow the unobstructed movement of personnel, fire protection
equipment, spill control equipment, and decontamination
equipment to any area of facility operations. Based on information
gathered by the IDEM at the time of the September 29, 1998
inspection, Respondent failed to maintain adequate aisle space
around Row A of the container storage area.
v. Pursuant to Permit Condition II.D. and 40 CFR 264.14 (b), the
permittee shall comply with the security provisions of 40 CFR
264.14(b) and (c) as described in the Procedures to Prevent
Hazards, Attachment IV of the Permit. Entry to the facility shall
be controlled by security personnel and a locked entrance. Based
on information gathered by the IDEM at the time of the September
29, 1998, inspection, Respondent failed to control entry to the
facility. The doors to the container storage room were propped
open.
11. 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 immediately implement
measures to ensure that the facility is maintained and operated to minimize the
possibility of a fire, explosion, or an unplanned sudden or non-sudden release of
hazardous waste or contaminants to air, soil, groundwater, or surface water which
could threaten human health or the environment. Respondent shall at all times
properly operate and maintain all facilities and systems (and related
appurtenances) which are installed or used by Respondent to achieve compliance
with the conditions of the Permit.
3. Upon the effective date of the Order, Respondent shall ensure that the tipper room
and its surrounding areas are managed to minimize releases of hazardous waste
and contaminants. Within thirty (30) days of the effective date of the Order,
Respondent shall develop and submit to IDEM a plan that addresses additional
controls and procedures to be implemented to meet this requirement. IDEM shall
determine if Respondent has taken the necessary steps to ensure that the tipper
room and its surrounding areas are managed to minimize releases of hazardous
waste and contaminants as part of future inspections of the facility.
4. Upon the effective date of the Order, Respondent shall ensure that required
inspections are conducted and that records of inspection findings, including leaks
and necessary remedial actions, are maintained. Respondent shall ensure that
deterioration and malfunctions are remedied on a schedule that ensures that the
problem does not lead to an environmental or human health hazard.
5. Within fifteen (15) days of the effective date of the Order, Respondent shall make
repairs to all tank systems (including ancillary equipment) at the facility which
are leaking. Within twenty (20) days of the effective date of the Order,
Respondent shall provide documentation of such to the IDEM.
6. Upon the effective date of the Order, Respondent shall ensure that any leakage
into secondary containment is removed within twenty-four (24) hours.
7. Upon the effective date of the Order, Respondent shall ensure that hazardous
waste is stored only in areas permitted for storage.
8. Upon the effective date of the Order, Respondent shall ensure that all containers
holding hazardous waste are provided with start of accumulation dates and
"Hazardous Waste" labels.
9. Upon the effective date of the Order, Respondent shall ensure that all containers
holding hazardous waste are kept closed, except when it is necessary to add or
remove waste, and are managed to prevent leaks.
10. Upon the effective date of the Order, Respondent shall ensure that the transporter
is immediately given copies of hazardous waste manifests for all hazardous waste
received at the facility.
11. Upon the effective date of the Order, if claiming that used oil containing greater
to or equal to 1000 ppm total halogens is not hazardous, Respondent shall be able
to rebut the presumption that it is a hazardous waste by demonstrating by analysis
or knowledge of product and use that the used oil has not been mixed with a listed
hazardous waste.
12. Upon the effective date of the Order, Respondent shall follow the compliance
schedule, found in Attachment A of this Agreed Order, to bring tanks holding
hazardous waste at the facility into compliance with all applicable parts of 40
CFR 264/265, Subpart CC. If Respondent fails to meet any time frame of the
compliance schedule, as agreed to in this Order, Respondent shall cease
operations of systems subject to the Subpart CC requirements at the facility until
Respondent demonstrates to IDEM's satisfaction that the milestone requirements
have been met. During this cessation of operations, Respondent shall not process
waste through the tipper room, and the tipper room tank and blend tanks BT-1
and BT-2 shall be taken out of service. This includes removing the waste from
the tanks. Additionally, Respondent shall ensure that all conditions of its Permit,
including storage limitations, are complied with during the cessation period.
13. Within fifteen (15) days of the effective date of the Order, Respondent shall take
Tank #2 out of service, or demonstrate that the tank has not exceeded the
maximum annual recommended corrosion rate for tank shell thickness.
Respondent shall ensure that the recommended minimum shell thickness is
maintained for all tanks at the facility to ensure sufficient shell strength.
14. Within ten (10) days of the effective date of the Order, Respondent shall submit
corrected copies, including the three-digit handling codes, for hazardous waste
manifest nos. INA 1180037 and INA 1180052. Respondent shall ensure that all
future manifests include the three-digit handling codes.
15. Within ten (10) days of the effective date of the Order, Respondent shall submit a corrected copy of the land disposal restriction notification, including all EPA
hazardous waste numbers, for manifest no. INA 1180048. Respondent shall
ensure that all EPA hazardous waste numbers are included on land disposal
restriction notifications.
16. Upon the effective date of the Order, Respondent shall ensure that all containers
and aboveground tanks used to store or process used oil at the facility are labeled
with the words "Used Oil."
17. Within thirty (30) days of the effective date of the Order, Respondent shall
provide documentation to IDEM demonstrating that the spillage of used oil which
leaked from the tote has been adequately cleaned up, and that the soil
contaminated from the release of hazardous waste from the piping behind the old
tank farm has been cleaned up by removing all signs of visible contamination,
plus six (6) inches below.
18. Upon the effective date of the Order, Respondents shall ensure that used tyveks
are properly managed.
19. Upon the effective date of the Order, Respondent shall ensure that the operating
record for the facility includes the location of each hazardous waste within the
facility and the quantity at each location.
20. Upon the effective date of the Order, Respondent shall ensure that all areas of
facility operations are maintained with proper aisle space to ensure the
unobstructed movement of personnel, fire protection equipment, spill control
equipment, and decontamination equipment.
21. Upon the effective date of the Order, Respondent shall ensure that the facility is
provided with the proper means to control entry to the facility. Respondent shall
ensure that the doors to the container storage area are kept closed.
22. Within one hundred eighty (180) days of the effective date of this Order,
Respondent shall submit documentation to IDEM demonstrating that the soil
from the four (4) tanks in the Old Tank Farm has been sent off-site for proper
storage, disposal, or treatment in accordance with all applicable regulations.
23. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Brenda J. Lepter
Office of Enforcement
Hazardous Waste Section
Indiana Department of
Environmental Management
P.O. Box 6015
Indianapolis, Indiana 46206-6015
24. In the event that any terms and conditions of this Agreed Order are violated, the
Complainant may assess and the Respondent shall pay a stipulated penalty of
$1000/day for each violation.
25. Stipulated penalties shall be due and payable within thirty (30) days after
Respondent receives written notice that the Complainant has determined a
stipulated penalty is due. Assessment and payment of any 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.
26. "Force Majeure," for purposes of this Agreed Order, is defined as any event
arising from causes beyond the control of the Respondent that delays or prevents
the performance of any obligation under this Agreed Order despite Respondent's
best efforts to fulfill the obligation. The requirement that Respondent exercise
"best efforts to fulfill the obligation" includes using best efforts to anticipate any
potential force majeure event and best efforts to address the effects of any
potential force majeure event (1) as it is occurring and (2) following the potential
force majeure event, such that the delay is minimized to the greatest extent
possible. "Force Majeure" does not include financial inability to complete the
work required by this Agreed Order or increases in costs to perform the work.
majeure shall be made by IDEM. Said decision will be communicated to the
Respondent.
If a delay is attributable to a force majeure, IDEM shall extend, in writing, the
time period for performance under this Agreed Order, by the amount of time that
is attributable to the event constituting the force majeure.
27. Stipulated 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 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060
28. 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.
29. 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.
30. 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.
31. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause
letter to Respondent.
32. This Agreed Order resolves every issue with respect to the Notice of Violation
issued to Respondent on December 22, 1998, with the exception of the amount of
the civil penalty, which remains unresolved and will be addressed in a separate
Agreed Order.
TECHNICAL RECOMMENDATIONS: RESPONDENT:
Department of Environmental Management
By: ________________________ By: ________________________
Nancy L. Johnston, Chief
Hazardous Waste Section Title: ________________________
Office of Enforcement
Date: ________________________ Date: ________________________
LEGAL RECOMMENDATION: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ________________________ By: ________________________
Scott R. Storms
Office of Legal Counsel
Date: ________________________ Date: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT
THIS _______ DAY OF ________________ 1999.
For the Commissioner:
________________________
Felicia Robinson George
Assistant Commissioner
Office of Enforcement
Task Description Finish Date
Submit system specifications and construction drawings to
IDEM, including design analysis, for the Carbon System
(including Tanks 1 thru 10 and BT1 & BT2), and the thermal oxidizer,
as required by 40 CFR 265.1088(c)(4) and (c)(5), and 265.1090(e) 7/6/1999
Submit construction drawings to modify Tipper Room to
effect compliance with 40 CFR 1085(i), Procedures T 7/6/1999
Issue Purchase Orders for equipment and submit copies to IDEM 8/27/1999
Carbon Units operational 10/22/1999
Performance Testing Carbon units as required by 40 CFR 265.1088(c)(5) 10/22/1999
Thermal Oxidizer operational 12/10/1999
Performance Testing of Thermal Oxidizer and Tipper Room as
required by 40 CFR 265.1088(c)(5) and 265.1085(i), Procedure T 12/15/1999
Compliance with all applicable requirements of
40 CFR 264/265, Subpart CC. 12/31/1999
Converted by Andrew Scriven