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-13762
v. )
)
STARCRAFT AUTOMOTIVE GROUP, 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. Pursuant to IC 13-30-3-3(c), entry into the terms of this Agreed
Order does not constitute an admission of any violation contained therein.
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 Starcraft Automotive Group, Inc. (hereinafter referred to as
"Respondent"), which operates a place of business, located at 2703 College
Avenue, Goshen, 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:
Kelly L. Rose, President Michael Schoeffler, Registered Agent for
Starcraft Automotive Group, Inc. Starcraft Automotive Group, Inc.
2703 College Avenue 2703 College Avenue
Goshen, Indiana 46526 Goshen, Indiana 46526
5. Respondent notified the U.S. EPA of its hazardous waste activities on February
13, 1984. The U.S. EPA I.D. No. of the facility is IND 057388266. Respondent
operates as a large quantity generator of hazardous waste.
6. Respondent converts full-size vans and mini vans into luxury recreational
vehicles.
7. IDEM contends that the following violations were in existence or observed by the
Office of Solid and Hazardous Waste Management at the time of an inspection
conducted on March 5, 1999.
a. Pursuant to 40 CFR 262.11 and 40 CFR 268.7(a), a person who
generates a solid waste, as defined in 40 CFR 261.2, must
determine if that waste is a hazardous waste. If a generator's
waste is hazardous, the generator must determine if the waste is
restricted from land disposal under 40 CFR 268. Based on
information gathered by IDEM, Respondent failed to make a
proper hazardous waste determination and failed to determine if
the waste is restricted from land disposal for the following waste
streams:
(1) Waste paint identified as a D001 hazardous waste
by the facility. The waste paint contains spent
lacquer thinner, consisting of toluene, methyl
isobutyl ketone, and methyl ethyl ketone.
Additionally, spent parts washer solvent that
contains carburetor cleaner, consisting of xylene,
methyl ethyl ketone, and acetone, is mixed with the
waste paint. The waste paint should be identified as
D001/F003/F005;
(2) Two (2) 55-gallon drums, located in the southwest
corner of the less than ninety day storage area;
(3) Spent rags used throughout the facility for wiping
and cleaning, some which are contaminated with
lacquer thinner. The facility generates 2,000
lbs/month of spent rags and disposes of them at the
Allen County Landfill and the Elkhart County
Landfill, special waste landfills; and
(4) Spent spray booth filters generated at the UV
Booth, Paint Booth, Prep Booth, Sealer Booth, and
Varnish Booth. The spent filters are disposed of in
the Allen County Landfill and the Elkhart County
Landfill.
Waste paint has since been identified with the proper
waste codes, D001/F003/F005. The two (2) 55-gallon
drums were identified as waste paint with the waste codes,
D001/F003/F005. Respondent is managing and disposing
of all spent rags and spray booth filters as hazardous waste.
b. Pursuant to 40 CFR 262.12(c), a generator may only offer his
hazardous waste to transporters and to treatment, storage, or
disposal facilities that have received an EPA identification
number. Based on information gathered by IDEM, Respondent
offered hazardous waste to transporters and to treatment, storage,
or disposal facilities that have not received an EPA identification
number and/or that do not have a permit from IDEM.
Specifically, Respondent offered spent rags contaminated with
lacquer thinner for transport by National Serv-all, a solid waste
transporter which does not have an EPA identification number, to
the Allen County Landfill and the Elkhart County Landfill, special
waste landfills that are not permitted by IDEM for treatment,
storage, and disposal of hazardous waste.
c. Pursuant to IC 13-30-2-1(12), 329 IAC 3.1-7-3, and 329 IAC 3.1- 7-4, 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 Indiana Solid Waste Management Board on EPA Form 8700-22. Based on information gathered by IDEM, Respondent offered hazardous waste for transport without completing the required manifests. Specifically,
Respondent offered spent rags contaminated with lacquer thinner
for off-site transport by National Serv-all for disposal at the Allen
County and Elkhart County Landfills without using the required
Indiana hazardous waste manifest adopted by the Board.
d. Pursuant to 40 CFR 268.7(a)(2), with the initial shipment of waste
to each treatment or storage facility, the generator must send a
one-time written land disposal restrictions (LDR) notice to each
treatment or storage facility receiving the waste, and place a copy
in the file. Based on information gathered by IDEM, Respondent
offered hazardous waste to treatment, storage, and disposal
facilities without providing a one-time written LDR notice with
the initial shipments. Specifically, Respondent offered spent rags
contaminated with lacquer thinner for disposal at the Allen County
Landfill and the Elkhart County Landfill without providing a one-
time written LDR notice with the initial shipments.
e. Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate
as much as fifty-five (55) gallons of hazardous waste or one (1)
quart of acutely hazardous waste in containers at or near any point
of generation where wastes initially accumulate, which is under the
control of the operator of the process generating the waste, without
a permit or interim status and without complying with 40 CFR
262.34(a) provided that he marks his containers either with the
words "Hazardous Waste" or with other words that identify the
contents of the containers. Based on information gathered by
IDEM, Respondent failed to label the following satellite
accumulation containers of hazardous waste with the words
"Hazardous Waste" or with other words to identify the contents of
the containers:
(1) Four (4) 5-gallon containers of waste paint, located in
the Paint Booth satellite accumulation area; and
(2) One (1) 5-gallon container of spent varnish, located in
the Varnish Booth satellite accumulation area.
f. Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR
265.173(a), a generator may accumulate as much as fifty-five (55)
gallons of hazardous waste or one (1) quart of acutely hazardous
waste in containers at or near any point of generation where wastes
initially accumulate, which is under the control of the operator of
the process generating the waste, without a permit or interim status
and without complying with 40 CFR 262.34(a) provided the
containers are kept closed, except when it is necessary to add or
remove waste. Based on information gathered by IDEM,
Respondent failed to keep the following containers closed, except
when it was necessary to add or remove waste:
(1) Four (4) 5-gallon containers of waste paint, located in
the Paint Booth satellite accumulation area;
(2) One (1) 5-gallon container of spent varnish, located in
the Varnish Booth satellite accumulation area; and
(3) One (1) 55-gallon container of spent sealant, located in
the UV Booth satellite accumulation area.
g. 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 IDEM, Respondent failed to provide the start of
accumulation date on the following containers of hazardous waste,
located in the less than ninety day storage area:
(1) Four (4) 55-gallon containers of sealant and topcoat;
(2) Five (5) 55-gallon containers of floor sealant;
(3) Two (2) 55-gallon containers of unidentified waste; and
(4) One (1) 55-gallon container of sikaflex adhesive.
h. 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 and tank is labeled or marked
clearly with the words "Hazardous Waste." Based on information
gathered by IDEM, Respondent failed to label the following
containers of hazardous waste, located in the less than ninety day
storage area, with the words "Hazardous Waste:"
(1) Four (4) 55-gallon containers of sealant and topcoat;
(2) Five (5) 5-gallon containers of floor sealant;
(3) Two (2) 55-gallon containers of unidentified waste; and
(4) One (1) 55-gallon container of sikaflex adhesive.
i. Pursuant to 40 CFR 262.34(b), IC 13-30-2-1(10), and 40 CFR
270.1(c), a generator who accumulates hazardous waste for more
than ninety (90) days is an operator of a storage facility and is
subject to the requirements of 40 CFR Part 264 and the permit
requirements of 40 CFR Part 270. A person may not commence or
engage in the operation of a hazardous waste facility without
having first obtained a permit from IDEM. Based on information
gathered by IDEM, Respondent stored hazardous waste for greater
than ninety (90) days without obtaining a permit from IDEM or
complying with the 40 CFR Part 264 requirements. One (1) 55-
gallon container of waste paint (D001/F003/F005) in the less than
ninety day storage area was dated February 5, 1998, indicating that
the container had been stored greater than ninety (90) days.
j. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator,
transporter, or owner or operator of a hazardous waste facility
shall notify the Commissioner of such activities on forms provided
by the Commissioner. Based on information gathered by IDEM,
Respondent failed to notify the Commissioner of its hazardous
waste storage activities.
k. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171
40 CFR 265.173(b), a generator may accumulate hazardous waste
on-site for ninety (90) days or less without a permit or without
having interim status provided that, if a container holding the
hazardous waste is not in good condition, or if it begins to leak, the
hazardous waste is transferred from this container to a container
that is in good condition, or managed in a way that ensures
compliance with this requirement. A container holding hazardous
waste 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 IDEM, Respondent stored two (2) 55-
gallon containers of spent sealant and two (2) 55-gallon containers
of waste paint, located in the less than ninety day area, in poor
condition. Respondent failed to transfer the hazardous waste from
the damaged containers to containers in good condition, or manage
the waste in some other way to ensure compliance with the
requirement. Both of the spent sealant containers were bulging
and one was dented. Of the two waste paint containers, one
container had a hole punctured in the side and the other container
was bulging and showed evidence of leakage. The latter container
had been stored for greater than ninety (90) days.
l. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16, a
generator may accumulate hazardous waste on-site for ninety (90)
days or less without a permit or without having interim status
provided that facility personnel involved with hazardous waste
management are provided with a program of classroom instruction
or on-the-job training that teaches them to perform their duties in a
way that ensures compliance with 40 CFR 265.16. Based on
information gathered by IDEM, Respondent failed to provide
facility personnel involved in hazardous waste management with
the required training specific to their particular duties. Respondent
had provided employees with OSHA Hazwoper training, but not
with training specific to their hazardous waste duties.
m. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, a
generator may accumulate hazardous waste on-site for ninety (90)
days or less without a permit or without having interim status
provided that areas where containers are stored are inspected at
least weekly in order to look for leaks and for deterioration caused
by corrosion or other factors. Based on information gathered by
IDEM, Respondent failed to conduct weekly inspections of the less
than ninety day storage area for leaks and for deterioration caused
by corrosion or other factors.
n. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, 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 facility is maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment. Based on information gathered by IDEM, Respondent failed to maintain the facility to minimize the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents. Specifically, Respondent stored two (2) bulging 55-gallon containers of spent sealant, one (1) bulging 55-gallon container of waste paint, and one (1) punctured 55- gallon container of waste paint in the less than ninety day storage
area. One of the containers of spent sealant was dented and the
bulging container of waste paint showed signs of leakage.
o. Pursuant to 329 IAC 13-4-3(d), containers and aboveground tanks
used to store used oil at generator facilities must be labeled or
marked clearly with the words "Used Oil." Based on information
gathered by IDEM, Respondent failed to label one (1) 55-gallon
container of used oil, located at the maintenance shop, with the
words "Used Oil."
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 her 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 it makes a proper hazardous waste
determination, including whether the waste is restricted from land disposal, for all
waste streams generated at the facility.
3. Upon the effective date of the Order, Respondent shall ensure that spent rags
contaminated with lacquer thinner are properly managed, transported, and
disposed of as hazardous waste, or document to IDEM that the rags are being
laundered.
4. Upon the effective date of the Order, Respondent shall ensure that spent spray
booth filters are properly managed, transported, and disposed of.
5. In the future, Respondent shall ensure that no hazardous waste is stored at the
facility for greater than ninety (90) days without a permit from IDEM.
6. Within sixty (60) days of the effective date of this Order, Respondent shall
decontaminate the container storage area where waste was stored for greater than
ninety (90) days, and document to the IDEM that it has been completed, in the
following manner:
a. Remove all wastes from the pad;
b. Mechanically clean the pad by scraping, sweeping, or other methods to
remove all physical contamination;
c. Inspect the pad for cracks. If cracks are detected, perform Item i. at this
point;
d. Wash the pad with a high pressure steam cleaner, mop, or other means
with detergent or appropriate solvent to remove the previously stored
waste materials;
e. Rinse the pad three (3) times with water;
f. The third (final) rinsate shall be collected separately and analyzed to show
that the pad's surface meets the cleanup level. The cleanup level of the
rinsate shall be based on the Maximum Contaminant Levels (MCLs) of
the National Primary Drinking Water Regulations (40 CFR 141) and 40
CFR 264.94(a)(2) for inorganic and certain organic parameters with
MCLs and the Practical Quantitation Limits (PQLs) as defined by SW-
846 for the organic parameters without MCLs (PCBs, chlorinated dioxins,
volatile organic compounds, and semi-volatile organic compounds)
previously stored on the pad;
g. Respondent shall ensure that care is taken to prevent migration of cleaning
liquids from the pad area;
h. All residues and rinsates shall be collected and disposed as hazardous
waste unless the residues and rinsates are analyzed and determined to be
nonhazardous;
i. The soil, underlying the cracks found in the inspection, shall be sampled
for contamination within thirty (30) days of the effective date of the
Order. If no contamination is found, seal the cracks and proceed with d.
through h. If contamination is found, Respondent shall submit to the
IDEM for approval, a closure plan for the pad in accordance with the
provisions of 40 CFR 264, Subpart G, within forty-five (45) days of the
effective date of the Order. Upon notice of approval of the closure plan
by the IDEM, Respondent shall implement the approved plan in
accordance with the time frames contained therein.
7. Upon the effective date of the Order, Respondent shall ensure that all containers
holding hazardous waste in less than ninety day accumulation areas at the facility
are clearly marked with the words "Hazardous Waste," per 40 CFR 262.34 (a)(3).
8. Upon the effective date of the Order, Respondent shall ensure that all satellite
accumulation containers holding hazardous waste at the facility are marked with
the words "Hazardous Waste" or with other words to identify the contents of the
containers, per 40 CFR 262.34(c)(1)(ii).
9. Upon the effective date of the Order, Respondent shall ensure that all containers
holding hazardous waste at the facility in less than ninety (90) day accumulation
areas are provided with the date upon which each period of accumulation begins,
per 40 CFR 262.34(a)(2).
10. Upon the effective date of the Order, Respondent shall ensure that all containers
holding hazardous waste at the facility are kept closed, except when it is
necessary to add or remove waste, per 40 CFR 265.173(a).
11. Upon the effective date of the Order, Respondent shall ensure that it complies
with all training requirements of 40 CFR 265.16.
12. Upon the effective date of the Order, Respondent shall ensure that all containers
holding hazardous waste at the facility are opened, handled, and stored in a
manner that does not cause them to rupture or leak, and that if a container is not
in good condition, or if it begins to leak, the hazardous waste is transferred from
this container to a container that is in good condition, or managed in a way that
ensures compliance with 40 CFR 265. At all times, Respondent 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 or hazardous waste
constituents to air, soil, or surface water which could threaten human health or the
environment.
13. Upon the effective date of the Order, Respondent shall ensure that at least weekly
inspections are conducted at the less than ninety day container storage area.
14. Upon the effective date of the Order, Respondent shall ensure that all containers
used to store used oil at the facility are labeled or clearly marked with the words
"Hazardous Waste," per 329 IAC 13-4-3(d).
15. 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
16. Respondent is assessed a civil penalty of $59,812.48. Said penalty amount shall
be due and payable to the Environmental Management Special Fund in four (4)
installments of $14,953.12 each. The first installment is due within thirty (30)
days of the effective date of this Agreed Order and the remaining payments are
due in quarterly installments thereafter.
17. 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 with the time frame $ 1000 per day
requirements of Order No. 6 of the Agreed Order.
18. 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.
19. Civil and 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
20. In the event that the civil penalty required by paragraph 16 is not paid within the
time frames contained in 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.
21. 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.
22. 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.
23. 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.
24. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause
letter to Respondent.
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: ________________________
Office of Legal Counsel
Date: ________________________ Date: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT
THIS _______ DAY OF ________________ 1999.
For the Commissioner:
Converted by Andrew Scriven