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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-13470
            v.                )
                            )
FORD ELECTRONICS AND REFRIGERATION    )
LLC                            )
                Respondent.        )

AGREED ORDER

    The Commissioner 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.

I. FINDINGS OF FACT

     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 Ford Electronics and Refrigeration LLC (hereinafter referred to as "Respondent"), which owns a company doing business at 4747 Western Avenue in Connersville, Indiana.

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

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

        Mr. Charles Szuluk, President    C. T. Corporation, Registered Agent for
        Visteon                Ford Electronics & Refrigeration LLC
        Headquarters Suite 2 W 100        1 North Capitol Avenue
        5500 Auto Club Drive        Indianapolis, Indiana 46204
        Dearborn, Michigan 48126        
            
     5.    Based upon an investigation of the facility on May 28, 1997, by Mr. John Naddy of the Office of Solid and Hazardous Waste Management (hereinafter referred to as the "OSHWM") of the IDEM, the IDEM contends that the following violations were in existence or observed at the time of the inspection.

        a.    Pursuant to 40 CFR 262.11, a person who generates a solid waste, as defined by 40 CFR 261.2, must determine if that waste is hazardous. Based on information gathered by the IDEM, Respondent had not made a proper hazardous waste determination for the wipes and rags used in the paint room. The wipes and rags were contaminated with T-95 solvent. On August 25, 1997, Respondent submitted a letter to IDEM which stated that the rags and wipes were not hazardous waste. In a September 24, 1997 letter, Respondent notified IDEM that the waste stream was characteristic for ignitability and that the wipes and rags would now be managed as hazardous waste.
            
        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 the IDEM, Respondent offered hazardous waste wipes and rags to a transporter that had not received an EPA identification number. Since the inspection, Respondent has shipped the hazardous waste wipes and rags to a facility that has an EPA identification number.
        
        c.     Pursuant to 40 CFR 262.34(c)(1)(ii), the generator must mark satellite accumulation containers with the words "Hazardous Waste" or with other words that identify the contents of the containers. Based on information gathered by the IDEM, Respondent did not label one (1) satellite container of T-95 hazardous waste wipes and rags with the words "Hazardous Waste" or with other words that identify the contents of the container. Respondent contends that the hazardous waste is now being managed properly. On February 1, 1999, Respondent submitted pictures showing properly marked containers.
    
        d.    Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste. Based on information gathered by the IDEM, Respondent failed to keep the containers used to accumulate hazardous waste wipes and rags closed. Respondent contends that the hazardous waste is now being managed properly. On February 1, 1999, Respondent submitted pictures showing closed containers.

        e.     Pursuant to 329 IAC 3.1-7-14, a generator's Biennial Report must include descriptions of all hazardous waste generated on site. Based on information gathered by the IDEM, the Respondent's Biennial Report did not include the hazardous waste wipes and rags. On February 10, 1999, Respondent submitted a revised Biennial Report.

        f.    Pursuant to 329 IAC 3.1-7-3 and IC 13-30-2-1(12), 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 Board. Based on information gathered by the IDEM, Respondent failed to use the manifest adopted by the Board for the hazardous waste contaminated wipes and rags that were transported off-site. On January 8, 1999, Respondent documented that manifests were now being used.
    
                g. Pursuant to 40 CFR 268.7(a)(1) and (2), a generator must notify a treatment, storage, or disposal facility of the appropriate treatment standards for the waste. Based on information gathered by the IDEM, the Respondent did not provide a notification to accompany the wipes and rags off-site. Respondent contends that all hazardous wastes are now sent off-site with the proper notification .

        h.     Pursuant to 40 CFR 268.7, wastes that exhibit a characteristic are subject to 40 CFR 268.7 (land ban) requirements. Based on information gathered by the IDEM, Respondent did not determine if the waste being managed was restricted from land disposal. Respondent contends that all hazardous waste is now being managed in accordance with 40 CFR 268.7.

    6.    A teleconference was held on January 5, 1999 to discuss the issues contained in this Agreed Order.

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

Agreed Order.

II. 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.    Respondent is assessed a civil penalty of $11,250. Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the effective date of this Agreed Order.

     3.    Civil 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

     4.    In the event that the civil penalty required by paragraph 2 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.

     5.    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.

     6.    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.

     7.    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.

     8.    This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to Respondent.



TECHNICAL RECOMMENDATIONS:            RESPONDENT:
Department of Environmental Management            Ford Electronics and Refrigeration
                                 LLC
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:

                                Signed on March 12, 1999
                                Felicia Robinson George
                                Assistant Commissioner
                                Office of Enforcement

Converted by Andrew Scriven