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-13785
                            )
C. P. INCORPORATED                )    
                            )    
                            )        
        Respondent.                )

    2.    Respondent is C.P. Incorporated (hereinafter referred to as "Respondent"), which owns a company doing business at South 2^nd and Water Streets in Connersville, Indiana.

    3.    The Indiana Department of Environmental Management (IDEM) has jurisdiction over the parties and the subject matter of this action.

    4.    Respondent notified the U.S. EPA of generator activities in August of 1980 and was assigned the EPA Identification number of IND 006 042 857.

    5.    Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

        Mr. Glen Findley, President                
        C.P. Inc.
        P.O. Box 1049
        Connersville, Indiana 47331
                            
    6.    Respondent was inspected on July 6, 1999 by Mr. Christian Lowell and Mr. Andrew Tirmenstein of IDEM's Office of Solid and Hazardous Waste Management (OSHWM). Based on this investigation, 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), a person who generates a solid waste must determine if that waste is hazardous and if the waste has to be treated before being land disposed. Based on information gathered by IDEM, Respondent did not make a proper hazardous waste determination on MEK wipes and flourescent bulbs. Immediately after the inspection, Respondent instructed all employees to manage the MEK wipes as hazardous waste. During the October 14, 1999 settlement conference, Respondent indicated that these rags are now laundered.
        
        b.    Pursuant to 40 CFR 262.12(c), 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 on information gathered by IDEM, Respondent sent hazardous waste MEK wipes (F005) for disposal at an unauthorized landfill.
            
             c.    Pursuant to 329 IAC 3.1-7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12), a generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest. Based on information gathered by IDEM, Respondent sent hazardous waste wipes off-site without a manifest.

        d.    Pursuant to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one of the

boards. Based on information gathered by IDEM, a small amount of used MEK (an F005 hazardous waste) had spilled on the ground near the back of the facility. After discovery of the release, Respondent constructed a concrete lip around the container storage pad to prevent similar releases in the future.
            
        e.    Pursuant to 40 CFR 265.1087(b)(iii), transfer of hazardous waste in or out of a container subject to Subpart CC regulations must be done using Level 2 controls, in order to minimize exposure of the waste to the atmosphere to the extent possible. Based on information gathered by IDEM, Respondent transferred waste to a 300-gallon Systech container without having the required Level 2 controls. During the October 14, 1999 settlement conference, Respondent indicated that the facility no longer uses the 300- gallon containers.

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

    2.    Upon the Effective Date of the Order, Respondent shall ensure that proper hazardous waste determinations are made on all solid waste generated at the facility.

    3.    Within thirty (30) days of the Effective Date of the Order, Respondent shall submit to IDEM documentation that the hazardous waste wipes and the fluorescent bulbs are being properly managed.

    4.    Upon the Effective Date of the Order, Respondent shall cease offering hazardous waste to treatment, storage, or disposal facilities that are not authorized to handle hazardous waste.

    5.    Within thirty (30) days of the Effective Date of Order, Respondent shall clean up and properly containerize all contaminated soils in the area near the back of the facility where the MEK had been spilled in a 5' by 5' area. Respondent shall remove all soil six inches beyond any visible contamination.

    6.    Within forty-five (45) days of the Effective Date of the Order, Respondent shall make a waste determination on the contaminated soil and dispose of the soil in accordance with the results of the waste determination.

    7.    Within sixty (60) days of the Effective Date of the Order, Respondent shall submit to IDEM documentation of compliance with Orders #5 and #6.

    8.              All submissions required by this Agreed Order, unless notified otherwise in
        writing, shall be sent to:
    
        Ms. Aubrey N. Sherif
        Enforcement Case Manager
        Office of Enforcement
        Indiana Department of Environmental Management
        100 N. Senate Avenue
        P. O. Box 6015
        Indianapolis, IN 46206-6015

    9.    Respondent is assessed a civil penalty of five thousand eight hundred dollars ($5,800). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

    10.    In the event the above terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

        Violation                        Penalty
        Failure to comply with Orders
        #5, #6, and #7                     $1,000/day

        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 stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties 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.

    11.    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 N. Senate Avenue
            P. O. Box 7060
            Indianapolis, IN 46207-7060

    12.    In the event that the civil penalty required by paragraph 10 is not paid within thirty (30) days of the due date, 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.

    13.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, 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.

    14.    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.

    15.    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.

    16.    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                         Printed: ______________________
Hazardous Waste
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 12/21/1999
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

Converted by Andrew Scriven