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BEFORE THE INDIANA DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2004-13880-H |
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PARKER-HANNIFIN CORPORATION, |
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Respondent. |
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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 (�Complainant�) of
the Indiana Department of Environmental Management, a department of the State
of
2.
Respondent is Parker-Hannifin Corporation
("Respondent"), which operates the facility with U.S. EPA ID No.
IND984894865, located at
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, on
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Donald E. Washkewicz, President |
C.T. Corporation System, |
5.
Respondent notified the U.S. EPA of Large Quantity
Generator activities on
6.
An inspection on
A.
Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may
accumulate as much as 55 gallons of hazardous waste at or near the point of
generation without a permit and without complying with 40 CFR 262.34(a),
provided that he marks his containers either with the words, "Hazardous
Waste" or with other words that identify the contents of the
container.� Respondent accumulated waste
in a satellite accumulation container of paint filters that was not marked
either with the words, "Hazardous Waste" or with other words that
identify the contents of the container.
Respondent labeled the containers with the words, �Hazardous Waste� at the time
of the inspection.
B.
Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR
265.16(a), (b), & (c), facility personnel must complete a program of
classroom instruction or on-the-job training that teaches them to perform their
duties in compliance with the hazardous waste management rules.� Employees must be trained within six months after
their date of hire and must take part in an annual review of the initial
training.� Respondent did not provide documentation
of the annual training for the years 2002 and 2003 for the two facility
personnel that manage hazardous waste.
C.
Pursuant to 40 CFR 262.34(b), a generator who accumulates
hazardous waste for more than 90 days is an operator of a storage facility and
is subject to the requirements of 40 CFR Part 264 and the permit requirements
of 40 CFR Part 270.� Respondent stored in
the pallet area, a 30 cubic yard roll-off, a 250 gallon tote, and a 250 gallon
container of hazardous waste on-site for greater than 90 days without complying
with 40 CFR Part 264 and 40 CFR Part 270.
D.
Pursuant to IC 13-30-2-1(10), a person may not
commence or engage in the operation of a hazardous waste facility without
having first obtained a permit from the department.� Respondent operated a hazardous waste
facility without having first obtained a permit from the department.
E.
Pursuant to 329 IAC 3.1-1-10, every hazardous waste
generator, transporter, or owner or operator of a hazardous waste facility,
must notify the Commissioner of its hazardous waste activity on the approved
forms.� Respondent failed to notify the
Commissioner of hazardous waste storage activities.
F.
Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR
265.52(e), a facility�s contingency plan must include a list of all emergency
equipment at the facility.� This list
must include the location and a physical description of each item on the list,
and a brief outline of its capabilities.�
Respondent's contingency plan did not include the list of emergency
equipment for the pallet hazardous waste storage area.
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 her 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 this
Agreed Order, Respondent shall comply with 40 CFR 265.16(a), (b), and (c).� Specifically, Respondent shall implement and
conduct an annual training program.�
Respondent shall submit to IDEM documentation of the required training
program and a list of the facility personnel that have completed the annual
training.
3.
Upon the Effective Date of this Agreed Order,
Respondent shall comply with 40 CFR 262.34 (b).�
Specifically, Respondent shall comply with 40 CFR 264 and the permit
requirements of 40 CFR 270 at any time that hazardous waste is accumulated for
more than 90 days.
4.
Upon the Effective Date of this Agreed Order,
Respondent shall comply with 329 IAC 3.1-1-10.�
Specifically, Respondent shall notify the Commissioner regarding the
operation of a hazardous waste facility at any point that the storage of
hazardous waste exceeds 90 days.
5.
Within forty-five (45) days of the Effective Date of
this Agreed Order, Respondent shall comply with 40 CFR 265.52.� Specifically, Respondent shall revise its
contingency plan to include a list of all emergency equipment, as well as the
location, physical description, and a brief outline of the capabilities of each
piece of equipment.� Submit a copy of the
contingency plan to IDEM.
6.
Within ninety (90) days of the Effective Date of this
Agreed Order, Respondent shall decontaminate the hazardous waste container
storage area noted in Finding C, hereinafter referred to as �the pad�, as
follows:
a.
remove all wastes from the pad and appropriately
dispose;
b.
mechanically clean the pad by scraping, sweeping, or
other method, to remove all physical contamination;
c.
inspect the pad for cracks.� If cracks are detected, perform Item j. at
this point;
d.
wash the pad with a high pressure steam cleaner with
detergent or appropriate solvent to remove the previously stored waste
materials;
e.
rinse the pad three (3) times with water;
f.
collect the third (final) rinsate separately and analyze two (2) samples to show that
the pad�s surface meets the cleanup levels.�
For inorganic and certain organic parameters, the cleanup levels of the rinsate will be based on the Maximum Contaminant Levels (MCLs) of the National Primary Drinking Water Regulations
(40 CFR 141).� For the organic parameters
without MCLs, the cleanup levels of the rinsate will be based on the analytical methods� Estimated Quantitation Limits (EQLs), as
defined in SW-846.� The analytical
parameters will be based on wastes previously stored on the pad;
g.
the decontamination procedure shall be repeated until
the cleanup levels are met;
h.
ensure that care is taken to prevent migration of
cleaning liquids from the pad area;
i.
collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;
j.
sample the soil underlying any
cracks found in the inspection to check for contamination.� If no contamination is found, seal the cracks
and proceed with Items d. through i. above;
k.
if contamination is found, submit a hazardous waste
closure plan within sixty (60) days to IDEM for approval for the container
storage area in accordance with the provisions of 40 CFR 264 Subpart G, as
incorporated by 329 IAC 3.1-9-1;
l.
upon notice of approval of the
closure plan by IDEM, implement the approved plan in accordance with the time
frames contained therein.
7.
Within fifteen (15) days of completing the
decontamination required in Order 6, Respondent shall submit documentation,
including sample results, that the decontamination has been completed to IDEM
for review.� Analytical results submitted
to IDEM for review shall include signed chain-of-custody sheets, sampling
dates, analysis dates, analytical methods used, MCLs,
EQLs and quality control results.� The quality assurance/quality control (QA/QC)
results shall include initial and continuing calibration results, blank results,
matrix duplicates, and matrix spike/matrix spike duplicate results.
8.
In the event IDEM determines that any plan submitted
by Respondent is deficient or otherwise unacceptable, Respondent shall revise
and resubmit the plan to IDEM in accordance with IDEM's notice.� After three (3) submissions of such plan by
Respondent, IDEM may modify and approve any such plan and Respondent must
implement the plan as modified by IDEM.�
The approved plan shall be incorporated into this Agreed Order and shall
be deemed an enforceable part thereof.
All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Deirdre Wyatt, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
P. O. Box 6015
9.
Respondent is assessed a civil penalty of Eighteen Thousand
Six Hundred Dollars ($18,600).� 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 terms and conditions of the
following paragraphs are violated, the Complainant may assess and the
Respondent shall pay a stipulated penalty in the following amount:
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Violation |
Penalty |
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Failure to comply with Order paragraph 2 |
$500 per week |
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Failure to comply with Order paragraph 5 |
$500 per week |
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Failure to comply with Order paragraph 6 |
$500 per week |
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Failure to comply with Order paragraph 7 |
$500 per week |
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Failure to comply with Order paragraph 8 |
$500 per week |
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 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.
12.
Civil and stipulated penalties are payable by check
to the Environmental Management Special Fund.�
Checks shall include the Case Number of this action and shall be mailed
to:
Cashier
IDEM
P. O. Box 7060
13.
In the event that the civil penalty required by Order
paragraph 9 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.
14.
This Agreed Order shall apply to and be binding upon
the Respondent, its successors 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.
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.
16.
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.
17.
This Agreed Order shall remain in effect until IDEM
issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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Nancy L. Johnston, Chief |
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Printed: |
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Office of Enforcement |
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Title: |
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Date: |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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Office of Legal Counsel |
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Date: |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY
OF |
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, 2005. |
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For The Commissioner: |
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Signed on |
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Matthew T. Klein |
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Assistant Commissioner for |
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Compliance and Enforcement |
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