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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-13519
                            )
    LONE STAR INDUSTRIES, INC.        )
    GREENCASTLE WASTE DISPOSAL    )
         FACILITY            )
                            )
        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. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.

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 Lone Star Industries, Inc.- Greencastle Waste Disposal Facility (hereinafter referred to as "Respondent"), who owns a company doing business on Limedale Road in Greencastle, Indiana.

    3.    The Indiana Department of Environmental 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. William M.Troutman, President C.T. Corporation System
     Lone Star Industries, Inc.         Resident Agent for
        300 First Stamford Place         Lone Star Industries, Inc.
        P.O. Box 120014             One North Capitol Avenue
        Stamford, Connecticut 06192-0014     Indianapolis, Indiana 46204

    5.    Respondent was inspected on May 8, 1997 by Ms. Lisa Frost and on October 29, 1997, by Mr. Kirk Maravolo, both of IDEM's Office of Solid and Hazardous Waste Management (hereinafter referred to as "OSHWM"). Based on this investigation, IDEM contends that the following violations were in existence or observed at the time of the inspections.

             a.    Pursuant to IC-13-22-5-3, if a hazardous waste facility owner or operator rejects under Section 2 of this chapter all or part of a hazardous waste shipment, the hazardous waste facility shall comply with the requirements of this chapter. Specifically, IC 13-22-5-5 requires the rejecting facility to contact the generator who shall direct the rejecting facility to:
            
            1)    return the rejected shipment to the generator; or

            2)     transport the rejected shipment to an alternate hazardous waste facility selected by the generator.
            
            Furthermore, if a rejecting facility does not receive a copy of the revised manifest (see the generating facility's requirements under IC-13-22-5-5 and IC 13-22-5-8) within thirty-five days, the rejecting facility must comply with the exception reporting requirements applicable to generators of hazardous waste. Based on information gathered by IDEM during the May 8, 1997 inspection, Respondent rejected a 700-gallon heel of hazardous waste and shipped it back to the generator without a hazardous waste manifest and without filling out an exception report (see Load #4594, manifest No.1134286, and the truck unloading report).

        b.    Pursuant to 329 IAC 13-4-3(d), storage containers and aboveground tanks of used oil must be labeled with the words "Used Oil." Based on information gathered by IDEM during the October 29, 1997 inspection,
            Respondent stored five 55-gallon drums of used oil behind the Quarry Building, but did not mark them with the words "Used Oil."

        c.    Pursuant to 40 CFR 264.75(h), the owner or operator of a hazardous waste facility must include a waste minimization plan in their Biennial Report. Based on information gathered by IDEM during the October 29, 1997

inspection, Respondent failed to include this information in the Biennial Report.

        d.    Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193 (e)(2)(iv), vault systems must be provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste onto the concrete. Based on information gathered by IDEM during the October 29, 1997 inspection, Respondent damaged the protective coating of the secondary containment coating at Unloading Area C near the tanker washer by cutting a trough to drain precipitation to the sump.
    
    6.    On February 25, 1998, the parties met to discuss the above allegations.

    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.    Upon the effective date of the Order, Respondent shall ensure that hazardous waste shipments do not leave the facility without manifests. If a heel of hazardous waste remains in a tanker after the initial pumping, Greencastle must either remove all of the waste so that the tanker is RCRA empty, or comply with IC 13- 22-5-5.

         3.    Upon the effective date of the Order, Respondent shall mark the five 55-gallon drums of used oil with the words "Used Oil." In the future, ensure that all containers of used oil are properly labeled pursuant to 329 IAC 13-4-3(d).

         4.     Upon the effective date of the Order, Respondent shall ensure that all Biennial Reports include the required information pursuant to 40 CFR 264.75(h).

    5.    Within sixty (60) days of the effective date of the Order, Respondent shall restore the integrity of the secondary containment coating at Unloading Area C, pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193.

    6.         All submissions required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
    

        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

    7.    Respondent is assessed a civil penalty of eighteen thousand, two hundred dollars ($18,200). Within thirty (30) days of the effective date of the Agreed Order, the Respondent shall pay a cash penalty of three thousand, six hundred and forty dollars ($3,640). The payment shall be submitted to the Environmental Management Special Fund, as directed by paragraph 10. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete the Supplemental Environmental Project (SEP), as described in Exhibit A. Exhibit A is hereby incorporated by reference and made a part of this Agreed Order. The total funds expended on the SEP shall be a minimum of twenty-nine thousand, one hundred twenty dollars ($29,120). If the SEP is not completed in accordance with this agreement and by May 1, 1999, the Respondent agrees to pay the remaining amount of the civil penalty, 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 paid from the effective date of this Agreed Order.

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

        Violation                        Penalty
        Failure to comply with Order # 2
        (paragraph 2) in Section II of this Agreed Order     $1,000/day

    9.    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.

         10.    Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and be mailed to:
        

            Cashier
            IDEM
            100 N. Senate Avenue
            P. O. Box 7060
            Indianapolis, IN 46206-7060

    11.    In the event the civil penalty required by paragraph #7 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.

    12.    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.

    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 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.

    15.    This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to Respondent. IDEM will issue a Resolution of Cause letter to Respondent within thirty (30) days from the date Respondent demonstrates compliance with all terms of this Agreed Order.

TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management

By: _________________________            By: _________________________
Nancy L. Johnston, Chief
Hazardous Waste Section                Printed: ______________________
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 ____________________, 1998.

                            For the Commissioner:

                            Signed May 15, 1998
                            David J. Hensel
                            Director
                            Office of Enforcement

Converted by Andrew Scriven