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STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                ) §§:         OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT OF    )
ENVIRONMENTAL MANAGEMENT,        )
                            )
                Complainant,        )
                            )    CAUSE NO.     H-12035
        v.                    )            90-S-E-332
                            )
FINISH CORPORATION, INC.,            )
                            )
                Respondent.        )

AGREED ORDER

    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.

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 Finish Corporation, Inc. (hereinafter referred to as "Respondent") who owns a company doing business at 625 West 15th Street, Auburn, Indiana.

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

    4.    Pursuant to IC 13-30-3-3 (formerly IC 13-7-11-2(b)), IDEM issued a Notice of Violation via Certified Mail to:

            Mr. Gerald Fry, President and Resident Agent
            Finish Corporation, Inc.
            625 West 15th Street
            Auburn, Indiana 46706

    5.    Respondent's predecessor corporation, Bastian Plating, Inc. (Bastian Plating), notified the United States Environmental Protection Agency (EPA) of hazardous waste activity on June 30, 1980 and was assigned EPA I.D. No. IND
        005 224837.

    6.    Bastian Plating notified as a hazardous waste generator of the following hazardous waste codes: D003, F006, F007, F008, F009, K002, K004, K005, K006, K066, K067, K068, P106, and P121.

    7.    Bastian Plating did not notify for treatment, storage, or disposal of hazardous waste, or submit a Part A application. Therefore, the facility did not attain interim status.

    8.    Based upon investigations of the facility on June 28, 1988, July 28, 1988, and October 17, 1990, by staff of the Office of Solid and Hazardous Waste Management (OSHWM) of IDEM, IDEM contends that numerous violations were in existence at the time of the inspections. A Partial Agreed Order (Cause 90-S-E-332) was reached between the parties and adopted by the Commissioner of IDEM on March 15, 1994. The Partial Agreed Order, by agreement of the parties, did not address civil penalties and RCRA closure of the facility. The remaining issues, by agreement of the parties, were to be addressed in a subsequent Partial Agreed Order. This Agreed Order addresses all the issues not addressed in the Partial Agreed Order adopted on March 15, 1994.

    9.    On June 9, 1994, Mr. John Crawford of IDEM inspected the facility to determine Respondent's compliance with the Partial Agreed Order 90-S-E-332. Based on this inspection, IDEM contends that the following violations were in existence or observed:

        a.    Pursuant to 40 CFR 262.34(a)(3), while being accumulated on-site, each container holding hazardous waste must be labeled or marked clearly with the words "Hazardous Waste." Based on information gathered by IDEM, one hopper of F006 plating sludge at the sludge press was not labeled or marked with the words "Hazardous Waste."

        b.    Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage except when necessary to add or remove waste. Based on information

gathered by IDEM, one hopper of F006 plating sludge at the sludge press was stored open, to which waste was neither being added nor removed.

    10.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order and agrees not to contest the jurisdiction of Complainant to enter into this 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.    Upon the effective date of the Order, Respondent shall ensure that, while being accumulated on-site, each container of hazardous waste is labeled or clearly marked with the words "Hazardous Waste."

    3.    Upon the effective date of the Order, Respondent shall store closed all containers holding hazardous waste, except when it is necessary to add or remove waste.

    4.    Within forty-five (45) days of the effective date of the Order, Respondent shall submit to IDEM a Closure Plan for storage areas 1, 2, 3, and 4, as depicted on the map included as Exhibit A of this Agreed Order.

    5.    Upon notice of IDEM's approval of the Closure Plan, Respondent shall implement the Closure Plan in accordance with the time frames contained therein.

    6.    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 North Senate Avenue
        P.O. Box 6015
        Indianapolis, Indiana 46206-6015

    7.    Respondent is assessed a civil penalty of seventy-five thousand dollars ($75,000). The cash portion of this penalty, fifteen thousand dollars ($15,000), shall be divided into and paid in twelve equal installments of $1,250 dollars.

The first payment of $1,250 shall be due within thirty (30) days of the effective date of this Order, with the remaining payments due every thirty (30) days thereafter. All payments shall be submitted to the Environmental Management Special Fund, as directed by paragraph 11. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete the Supplemental Environmental Projects (SEP), as described in Exhibit B. Exhibit B is hereby incorporated and made a part of this Agreed Order. The total funds expended on the SEPs shall be a minimum of one hundred twenty thousand dollars ($120,000). If the SEPs are not completed in accordance with this agreement by July 1, 2001, the Respondent agrees to pay the remaining amount of the civil penalty due, plus interest at the rate established by IC 24-4.6-1-101, to the Environmental Management Special Fund. Payment of the remaining civil penalty shall be submitted within fifteen (15) days from receipt of a notice to pay from IDEM. Interest on the remaining civil penalty shall be submitted within fifteen (15) days from receipt of a notice to pay from IDEM. Interest on the remaining civil penalty shall be paid from the effective date of this Agreed Order.

    8.    Within ninety (90) days of the effective date of the Order, and for every quarter thereafter until project completion, Respondent shall submit to IDEM a quarterly progress report on implementation of the SEPs.

    9.    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 requirements     $1000/day
     of Order #4 and #5.

    10.    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, including, but not limited to, civil penalties pursuant to IC 13-7-13.

    11.    Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the cause number and shall be mailed to:

        Cashier
        IDEM
        100 North Senate Avenue
        P.O. Box 7060
        Indianapolis, Indiana 46206-7060

    12.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, employees, agents, successors, subsidiaries, and assigns. The signatories to this 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 Order.

    13.    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.

    14.    The 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 acting for it comply with the terms of this Agreed Order.

    15.    "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 the 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 force majeure event (1) as it is occurring, and (2) following the 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 cost to perform the work.
        The Respondent shall notify Complainant by calling within three calendar days and by writing no later than seven calendar days after any event which the Respondent contends is a force majeure. Such notification shall describe the anticipated length of the delay, and the timetable by which these measures will be implemented. The Respondent shall include with any notice all available documentation supporting their claim that the delay was attributable to a force majeure. Failure to comply with the above requirements shall preclude Respondent from asserting any claim of force majeure for that event. The Respondent shall have the burden of demonstrating that the event is a force majeure. The decision of whether an event is a force majeure shall be made by Complainant. Complainant's decision shall be communicated in writing to the

Respondent. If a delay is attributable to a force majeure event, Complainant 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. Denial of a force majeure claim is reviewable under IC 4-21.5.

    16.    This Agreed Order, and compliance with its terms, shall be final adjudication of all claims asserted in the Notices of Violation issued to Respondent as a result of inspections by representatives of IDEM on June 28 and July 28, 1988; October 7, 1990; and June 6, 1994. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to Respondent.

TECHNICAL RECOMMENDATION:        RESPONDENT

By:    ___________________________        By:    _________________________
    Nancy L. Johnston, Chief
    Hazardous Waste Section            Date:    _________________________
    Office of Enforcement

Date:    __________________________

ATTORNEY FOR COMPLAINANT        ATTORNEY FOR RESPONDENT

By:    __________________________        By:    _________________________
    Office of Legal Counsel
    Dept. of Environmental Mgt.        Date: _________________________

Date:    __________________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS DAY OF , 1998.

                     For the Commissioner:

                         Signed May 27, 1998             David J. Hensel
                         Director
                         Office of Enforcement


EXHIBIT B

FINISH CORP.
PROPOSED SUPPLEMENTAL ENVIRONMENTAL PROJECTS


1.    Reverse Osmosis Filtration System
    Culligan/Watcon, Inc.
    Estimated Cost                    $45,000
    Estimated Hazardous Waste Reduction:     30,000 lbs/yr.

    Description:    This system will be installed to reduce the hardness of the incoming water. This will reduce the amount of hazardous waste produced by removing the hardness chemicals that precipitate out of the water in the wastewater pretreatment facility.

2.    "One Shot" spray rinse and controller
    Hardwood Line Mfg.Co.
    Estimated Cost                    $30,000
    Estimated Hazardous Waste Reduction:    40,000 lbs/yr.

    Description:    This system is designed to deliver a certain amount of water during specified intervals. It will be controlled by using limit switches to activate spray nozzles. By doing this, water consumption will be reduced by 30%. This in turn will reduce sludge generated in the wastewater pretreatment facility.

3.    Pure Cycle Acid Recovery System
    Pure Cycle Environmental Technologies
    Estimated Cost                    $30,000
    Estimated Hazardous Waste Reduction:    20,000 lbs/yr.     

    Description:    The system is designed to efficiently remove up to 90% of the contaminants in the acid. The acid is then returned to the process for continued use. The contaminants and a small amount of acid end up as a hazardous waste.

    Estimated Installation Costs:                 $40,000    

     Estimated Total Cost:                $145,000            

Converted by Andrew Scriven