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-13569
)
THE HAMILTON FOUNDRY & MACHINE CO., )
DECATUR CASTING DIVISION )
)
Respondent. )
2. Respondent is The Hamilton Foundry & Machine Company, Decatur Casting
Division (hereinafter referred to as "Respondent"), who is a company doing
business at 822 Dayton Avenue, located in Decatur, Indiana. The U.S. EPA I.D.
number of the facility is IND 005 081 682.
3. The Indiana Department of Environmental Management ("IDEM") has
jurisdiction over the parties and subject matter of this action.
Mr. Charles Rentschler, President Mr. Dennis M. Borda
The Hamilton Foundry & Machine Co. Registered Agent for The Hamilton
200 Industrial Drive Foundry & Machine Co.
Harrison, Ohio 45030 822 Dayton Avenue
Decatur, Indiana 46733
5. Respondent operates a gray iron foundry utilizing scrap cast iron and scrap steel.
Electrostatic precipitator ("EP") dust (hazardous waste codes D006 and D008) is
the sole hazardous waste generated at the facility. Respondent notified the U.S.
EPA as a large quantity generator of hazardous waste on June 22, 1984, under the
name, Hamilton Allied Corporation Decatur Casting. Respondent notified the
U.S. EPA on June 15, 1990, of its name change to The Hamilton Foundry &
Machine Company, Decatur Castings Division.
6. The IDEM contends that the following violations were in existence or observed
by the Office of Solid and Hazardous Waste Management (OSHWM) of IDEM
during a Compliance Evaluation Inspection of the facility on September 25, 1997.
a. Pursuant to IC 13-30-2-1(1) and 40 CFR 265, Subpart C, 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. A facility must be maintained and operated to
minimize the possibility of any unplanned sudden or non-sudden release
of hazardous waste or hazardous waste constituents to air, soil, or surface
water which could threaten human health or the environment. Based upon
information gathered by IDEM, Respondent allowed the spillage of EP
dust underneath the conveyor leading from the EP stack to a roll-off box.
Both the concrete slab and the ground surrounding the concrete slab were
discolored.
7. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
a. Address all areas of contamination at this site. This must include, at a
minimum, areas at the site where waste spillage occurred;
b. Include a soil sampling grid that overlaps the area;
c. Specify the method of determining the number and location of samples to
be taken within the grid to yield a representative assessment of the
contaminated area as outlined in "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods, EPA Publication", SW-846;
d. Include the method of sample collection, per SW-846;
e. State the maximum distance between each sample location. This distance
is not to exceed ten (10) feet;
f. State the soil samples will not be composited;
g. Clearly define all sampling and analytical protocol designed to identify
hazardous waste or its constituents and to determine the physical extent of
the contamination per 40 CFR Part 261.30(a) and 40 CFR Part 261,
Appendices I, II and III;
h. Specify that chain-of-custody of the samples shall be maintained and
Quality Assurance and Quality Control (QA/QC) procedures shall be
followed;
i. Include a statement in the initial proposal that a contingent plan for
sampling outside the grid area will be submitted in the event that sampling
shows contamination to exist at the limit of the grid area;
j. Include time frames for implementation of the site assessment plan; and
k. Be approved by IDEM prior to implementation of the plan.
3. Within fifteen (15) days of notice of approval of the site assessment plan by
IDEM, Respondent shall implement the plan as approved and in accordance with
the time frames contained therein. Respondent shall submit the results of the
analyses to IDEM.
4. If contamination is found as a result of the site assessment, within sixty (60) days
of completion of the analyses, Respondent shall submit a cleanup plan to IDEM
for approval. The cleanup plan must:
a. Include the results of the analyses, chain-of-custody information, and the
Quality Assurance and Quality control records;
b. Address all areas determined by the analyses to be contaminated;
c. Address the groundwater, if it is determined to be affected;
d. Include a soil sampling and analysis plan to be performed after the
cleanup has been done which verifies that all contamination has been
removed; and
e. Include a time frame for implementation of the cleanup plan.
5. Within fifteen (15) days of IDEM's notice of approval of the cleanup plan,
Respondent shall implement the plan as approved and in accordance with the time
frames contained therein.
6. Within thirty (30) days of completion of the cleanup, Respondent shall submit to
IDEM certification by an independent registered professional engineer that the
cleanup has been completed as outlined in the approved plan.
7. For additional information on sampling, analysis and remediation, please see
Parts 14 (a and b) and 15 of the attached Hazardous Waste Management Unit
Closure Guidance.
8. 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
9. Respondent is assessed a civil penalty of Three Thousand Four Hundred Dollars
($3,400). 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.
10. 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
requirements of Orders #2-6 of the Agreed Order.
11. 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.
12. 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 46207-7060
13. In the event that the civil penalty required by paragraph 9 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.
14. 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.
15. 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. 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: ________________________
Scott R. Storms
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 July 2, 1998
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven