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- 13417
v. )
)
HAMMOND PEST CONTROL )
)
Respondent. )
This Notice and Order of the Commissioner of the Department of Environmental
Management is issued against Hammond Pest Control (the Respondent) for violation of the
Indiana Code (IC) 13-30 and 329 IAC 3.1. Article 3.1 of Title 329 incorporates many of the
federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 273. This
Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10, IC 13-30-3-11, and IC 4-21.5-3-6 and
is based on violations found during an investigation conducted by the Office of Solid and
Hazardous Waste Management. Respondent was in violation of 329 IAC 3.1 and IC 13-30, as
specified below.
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of
the Indiana Department of Environmental Management (hereinafter referred to as
"IDEM"), a department of the State of Indiana created by IC 13-13-1-1.
2. Complainant has jurisdiction over the parties and the subject matter of this action.
3. Respondent is Hammond Pest Control ("Respondent"), which is a company doing
business at 664 State Street, located in Hammond, Indiana. The U.S. EPA I.D.
number of the facility is INR 000 008 623.
4. Respondent is in the business of pesticide application. The company notified the
U.S. EPA of its hazardous waste activity on October 31, 1996.
5. An inspection of Respondent's facility was conducted on October 7, 1996, by
staff of IDEM's Office of Solid and Hazardous Waste Management (OSHWM).
On October 21, 1996, the OSHWM inspector, Kirk Maravolo, sent to Respondent
a Hazardous Waste Determination letter. This letter notified Respondent that
contaminant deposition had been found to be present at the facility during the
inspection and requested that the contaminated soils be containerized and that a
waste determination be made. In addition, Respondent was requested to make a
waste determination on several containers of unknown material. Respondent
failed to respond to this request.
6. Due to Respondent's unresponsiveness to the October 21, 1996 letter, Mr.
Maravolo issued a second letter to Respondent on February 24, 1997. This letter
summarized a conversation between Mr. Maravolo and Mr. Rick Nelson of
Clayton Environmental Consultants. During this conversation Mr. Nelson stated
that no waste determination or soil remediation had occurred to date.
7. Under normal operating conditions, Respondent is a conditionally exempt small
quantity generator of hazardous waste. However, the company became subject to
the large quantity generator requirements of 40 CFR 262.34 from the on-site
accumulation of waste arsenic trioxide. The hazardous waste was accumulated
on-site for greater than ninety (90) days, thereby subjecting Respondent to the
treatment, storage, and disposal facility requirements of 40 CFR Part 264. Since
the date of the inspection, Respondent has properly disposed of all hazardous
wastes which were on-site at the time of the inspection and is currently operating
as a conditionally exempt small quantity generator.
8. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail
to:
Robert J. Dold, President Robert J. Dold, Resident Agent for
Hammond Pest Control Hammond Pest Control
71 Warwick Road 664 State Street
Winnetka, IL 60093 Hammond, IN 46320
9. Respondent received the Notice of Violation on August 9, 1997. The resident
agent received the Notice of Violation on August 11, 1997.
10. The Notice of Violation contained an offer to enter into an Agreed Order
containing actions required to correct the violations.
11. Settlement conferences were held on September 10, 1997 and February 13 and
May 15, 1998. Additional correspondence was exchanged by the parties on
several occasions.
12. More than sixty (60) days have elapsed since Respondent was offered the
opportunity to enter into an Agreed Order.
a. Pursuant to 40 CFR 262.12(a) and 329 IAC 3.1-1-10, a generator must not
treat, store, dispose of, transport, or offer for transportation, hazardous
waste without having notified the Commissioner of IDEM of such
activities and without having received an EPA identification number from
the U.S. EPA. Based on information gathered by IDEM, Respondent
failed to notify the Commissioner of IDEM of its hazardous waste
activities and failed to obtain an EPA identification number prior to
storage of its hazardous waste. According to IDEM records, Respondent
was issued an EPA identification number on October 31, 1996.
b. Pursuant to IC 13-30-2-1(10), 40 CFR 270.1(c) and 40 CFR 262.34(b), a person may not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM. 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.
Based on information gathered by IDEM, Respondent operated as a
storage facility by accumulating hazardous waste on-site for more than
ninety (90) days without having obtained a permit or having complied
with the storage requirements contained in 40 CFR Part 264. Respondent
stored hazardous waste on-site since October 21, 1993. Since the date of
the inspection, Respondent submitted documentation to IDEM indicating
that all hazardous wastes which were present at the time of the inspection
have been sent off-site for proper disposal.
c. Pursuant to 40 CFR 262.11 and 40 CFR 268.7, 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
perform a hazardous waste and land disposal determination for, but not
limited to, the following wastes:
(1) Three (3) 5-gallon cans of Malathion located in the storage
vault;
(2) Two (2) 35-gallon wooden casks of arsenic trioxide (waste code
P012) located in the shed;
(3) One-hundred (100) 5-gallon pails of arsenic trioxide (waste code
P012) located in the garage area;
(4) Four and one-half (4 ½) boxes of Malathion located in the storage
vault; and
(5) One-half (½) box of assorted unknown chemicals located in the
storage vault.
Correspondence received from Clayton Environmental Consultants, dated
March 4, 1997, indicates that Respondent made a waste determination for
the above-listed wastes.
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 IDEM, approximately
one-hundred (100) 5-gallon pails of arsenic trioxide (hazardous waste
code P012) were not marked with the start of accumulation date.
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 IDEM, Respondent failed to mark
one-hundred (100) 5-gallon pails of arsenic trioxide (P012) with the
words, "Hazardous Waste."
f. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171 and 40
CFR 265.173(b), if a container holding hazardous waste is not in good
condition, a generator must transfer the hazardous waste from this
container to a container that is in good condition, or manage the waste in
some other way that complies with the requirements of 40 CFR Part 265.
Additionally, 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 allowed
two (2) wooden casks containing arsenic trioxide (P012), located in the
storage building, to be in poor condition and to not be managed to prevent
leaks.
g. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a), 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
containers holding hazardous waste are kept closed during storage, except
when it is necessary to add or remove waste. Based on information
gathered by IDEM, Respondent stored two (2) wooden casks, located
in the storage building, open.
h. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, a generator
may accumulate hazardous waste on-site for ninety (90) days or less
without a permit or without having interim status, provided that adequate
aisle space be maintained between containers to allow the unobstructed
movement of personnel, fire protection equipment, spill control equipment
and decontamination equipment. Based on information gathered by the
IDEM, Respondent failed to provide adequate aisle space between one-
hundred (100) 5- gallon containers of arsenic trioxide (P012) located in
the storage building.
i. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, a
generator must inspect, at least weekly, areas where containers are stored
looking 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 storage building.
j. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16, a generator
must provide facility personnel involved in hazardous waste management
a program of classroom instruction or on-the-job training that teaches
them to perform their hazardous waste duties in a way that ensures the
facility's compliance with all requirements of 40 CFR 265.16. Based on
information gathered by IDEM, Respondent failed to provide hazardous
waste managers with the required hazardous waste training.
k. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51 and 40 CFR
265. 53, a generator must have a contingency plan for his facility which
meets all requirements of 40 CFR 265, Subpart D, and must submit that
plan to all local police departments, fire departments, hospitals, and State
and local emergency response teams that may be called upon to provide
emergency service. Based on information gathered by IDEM,
Respondent failed to maintain a contingency plan at his facility and to
submit the plan to local emergency organizations.
l. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.37, a generator
must attempt to make arrangements with local authorities in case of an
emergency at the facility. Based on information gathered by IDEM,
Respondent failed to attempt to make arrangements with local authorities
in case of an emergency at the facility.
m. 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 265.31 and/or 329
IAC 10-4-2. Based on information gathered by IDEM, Respondent
allowed the spillage of arsenic trioxide (waste code P012) into the
environment. A fifteen-by-fifteen foot area in the storage building
was saturated with leakage from two wooden casks of this waste.
1. Upon the effective date of the Order, Respondent shall, if hazardous waste is ever
accumulated for more than ninety (90) days at the facility, comply with the
requirements of 40 CFR 264 and the permit requirements of 40 CFR Part 270.
Additionally, Respondent shall notify the Commissioner of such activity as per
329 IAC 3.1-1-10.
2. Upon the effective date of the Order, Respondent shall ensure that, if it ever
operates as a small quantity generator or a large quantity generator, it complies
with all applicable requirements of 40 CFR Part 262.
3. Upon the effective date of the Order, Respondent shall ensure that it makes a
proper waste determination, including whether the waste is restricted from land
disposal, for all wastes generated at the facility, pursuant to 40 CFR 262.11 and
40 CFR 268.7.
4. Within thirty (30) days of the effective date of this Order, Respondent shall
submit to IDEM for approval, a closure plan for all areas where hazardous wastes
were stored for greater than ninety (90) days. This includes, but is not limited to,
the following areas: storage building, storage vault and the garage area. This plan
shall be written in accordance with the provisions of 40 CFR 264, Subpart G.
5. Upon notice of approval by IDEM of the closure plan, Respondent shall
implement the approved plan in accordance with the time frames contained
therein.
6. Within thirty (30) days of the effective date of the Order, Respondent shall
provide financial assurance for closure, pursuant to 329 IAC 3.1-15-4.
7. Unless the Order indicates otherwise, all submittals required by this
Commissioner's Order shall be sent to:
Nancy L. Johnston
Office of Enforcement
Hazardous Waste Section
Indiana Department of
Environmental Management
P.O. Box 6015
Indianapolis, Indiana 46206-6015
8. Respondent is assessed a civil penalty of $127,250 for violation of 329 IAC 3.1
and IC 13-30-2-1. The penalty amount shall be due and payable to the
Environmental Management Special Fund within thirty (30) days of the effective
date of this Order.
9. The civil penalty is payable by check to the Environmental Management Special
Fund. Checks shall include the cause number of this action (H-13417) and shall
be mailed to:
Cashier
IDEM
100 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46206-7060
10. This Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns.
11. Respondent shall provide a copy of this 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
Order comply with the terms of the Order.
Director Commissioner
Office of Environmental Adjudication Indiana Dept. of Environmental Management
ISTA Building Indiana Government Center North
150 W. Market Street 100 N. Senate
Suite 618 P.O. Box 6015
Indianapolis, Indiana 46204 Indianapolis, Indiana 46206-6015
Failure to properly submit a request for review, before the twentieth day following
receipt of this Order of the Commissioner, waives your right to administrative review of this
Order pursuant to IC 4-21.5-3-7 and your right to judicial review of the Order pursuant to IC 4-
21.5-5-4. The petition for administrative review must contain the following information:
(1) Name, address, and telephone number of each person filing the petition.
(2) Identification of the interest of each petitioner in the subject of the
petition.
(3) Statement of facts demonstrating that the petitioner is:
(A) a person to whom the order is directed;
(B) aggrieved or adversely affected by the order; or
(C) entitled to review under any law.
(4) Statement with particularity the legal issues proposed for consideration in
the proceedings.
The petition for administrative review should also contain the following information:
(1) Identification of any persons represented by the person making the request
pursuant to IC 4-21.5-3-15.
(2) Statement identifying the person against whom administrative review is
sought.
(3) A copy of the notice of the commissioner's action issued by the
department of environmental management which is the basis of the
petition for administrative review.
(4) Statement indicating the identification of petitioner's attorney or other
representative.
If you have procedural or scheduling questions regarding your request for review you
may contact the Office of Environmental Adjudication at (317) 232-8591.
DATED AT INDIANAPOLIS, INDIANA, THIS
______DAY OF _____________ 1999.
Signed on 3/9/99
__________________________
John M. Hamilton, Commissioner
cc: Lake County Health Department
Mr. Bruce Kizer
Ms. Loraine Seyfried
Ms. Nancy Johnston
http://www.state.in.us/idem
File 1B2
Converted by Andrew Scriven