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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-13530
)
UNIVERSAL TOOL & ENGINEERING, 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 Universal Tool & Engineering, Inc. (hereinafter referred to as
"Respondent"), a company doing business at 7601 E. 88th Place, Indianapolis,
Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction
over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail
to:
Mr. Francie Jenkins, President Mr. Carl A. Grummann,
Universal Tool & Engineering, Inc. Resident Agent for
7601 E. 88th Place Universal Tool & Engineering, Inc.
Indianapolis, IN 46256 7601 E. 88th Place
Indianapolis, IN 46256
5. Respondent manufactures prototype batteries for Delco-Remy. Hazardous waste
is generated after the plate run process and during the tear-down of batteries that
are engineering samples. Respondent notified as a Large Quantity Generator
(LQG) on August 18, 1980, and operates with the U.S. EPA identification number
IND 000 816 116.
6. Based upon an investigation of the facility on July 24, 1997, by the Office of Solid
and Hazardous 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 262.34(a)(4) referencing 40 CFR 265.16(d)(2), the
owner or operator must maintain a written job description for each position
at the facility related to hazardous waste and the name of the employee
filling each job. The job description must include the requisite skill,
education, or other qualifications, and duties of facility personnel assigned
to each position. Based upon information gathered by the IDEM,
Respondent did not have job descriptions which included the required
skills, education, or other qualifications and duties of facility personnel
assigned to the management/operation of hazardous waste.
b. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(c), facility
personnel must take part in an annual review of the initial training which
teaches facility personnel hazardous waste management procedures. Based
upon information gathered by the IDEM, Respondent's environmental
coordinator, Robert Rossetter, did not receive the required annual training
for 1997.
c. Pursuant to 40 CFR 262.34(a)(2), a generator must mark each container of
hazardous waste with the start of accumulation date. Based upon
information gathered by the IDEM, Respondent failed to mark four (4) 55-
gallon containers with lead oxide wastewater in the generator's container
storage area with the start of accumulation date. This violation was
corrected at the time of the inspection.
d. Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much
as 55 gallons of hazardous waste in containers at or near the point of
generation as long as he marks the containers with the words "Hazardous
Waste" or other words that identify the contents of the containers. Based
upon information gathered by the IDEM, Respondent failed to label three
(3) satellite accumulation containers with the words Hazardous Waste or
with other words that identified the contents. This violation was corrected
at the time of the inspection.
e. 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 it is necessary to add or remove waste. Based upon
information gathered by the IDEM, Respondent stored open three (3)
containers in the UTE Building 3 and one (1) cardboard tote with cracked
batteries in the analysis lab. This violation was corrected at the time of the
inspection.
f. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), the
owner or operator must obtain a written assessment reviewed and certified
by an independent, qualified, registered professional engineer attesting that
the system has sufficient structural integrity and is acceptable for the
storage and treatment of hazardous waste. Based upon information
gathered by the IDEM, Respondent does not have a written tank integrity
assessment for its 3,800-gallon hazardous waste tank in the analysis lab.
Specifically, the tank is used to store lead oxide water from a rinse sink.
g. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195(a), the
owner or operator must conduct daily inspections of the overfill/spill
control equipment, aboveground portions of the tank system to detect
corrosion or releases of waste, data gathered from monitoring and leak-
detection equipment, and the secondary equipment structures to detect
erosion or signs of releases of hazardous waste. Based upon information
gathered by the IDEM, Respondent has failed to conduct daily inspections
of its hazardous waste tank.
h. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, a
generator must have secondary containment that meets the requirements of
40 CFR 265.193. Based upon information gathered by the IDEM,
Respondent does not have secondary containment for its waste lead oxide
tank located in the MG Building.
i. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b), the
owner or operator must use appropriate controls and practices to prevent
spills and overflows from tank or secondary containment systems, including
spill prevention controls, overfill prevention controls, and maintenance of
sufficient freeboard in uncovered tanks to prevent overtopping. Based
upon information gathered by the IDEM, Respondent does not have
overfill preventions or controls present and in operation for its 3,800-gallon
waste lead oxide tank located in the MG Building.
7. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
8. 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.
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. Within thirty (30) days of the effective date of the Order, Respondent shall submit
to IDEM a written job description for each position at the facility related to
hazardous waste management/operation pursuant to 40 CFR 265.16(d)(2). The
job description(s) shall include the required skills, education, or other qualifications
and duties of facility personnel.
3. Within thirty (30) days of the effective date of the Order, Respondent shall provide
the required annual training for Robert Rossetter pursuant to 40 CFR 265.16(c).
4. Within thirty (30) days of the effective date of the Order, Respondent shall submit
to IDEM the design plan for the installation of a new, double-walled tank.
5. Upon IDEM's approval of the design plan referenced in Order No. 4, Respondent
shall implement the plan as approved, and in accordance with the time frames
contained therein.
6. Upon the effective date of the Order, Respondent shall conduct daily inspections
of its hazardous waste tank pursuant to 40 CFR 265.195(a). Respondent shall
shall keep documentation on file at its facility for future inspections.
7. Within sixty (60) days of the effective date of the Order, Respondent shall submit
to IDEM a closure plan for the 3,800-gallon hazardous waste tank located in the
analysis lab, as specified in 40 CFR 265.197.
8. Upon IDEM's approval of the closure plan reference in Order No. 7, Respondent
shall implement the plan as approved, and in accordance with the time frames
contained therein.
9. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Ms. Dianna Schlicher
Office of Enforcement
Hazardous Waste Section
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
10. Respondent is assessed a civil penalty of Seven Thousand Eight Hundred Seventy-
Five Dollars ($7,875). 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.
11. 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 $500 per day per violation
of Orders numbered 2, 3, 4, 5, 7 and 8
12. 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 assessment 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 13-30-4-1.
13. 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 46206-7060
14. In the event that the civil penalty required by paragraph 10 is not paid within
specified time frames 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.
15. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The 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.
16. 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.
17. 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.
18. 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, Section 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
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS _____ DAY OF ____________________, 1998.
For the Commissioner:
Signed on 1/7/98
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven