STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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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. 2017-24930-H |
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The Priority GROUP CORPORATION, |
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Respondent. |
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AGREED ORDER
Complainant
and 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. Respondent’s entry
into this Agreed Order shall not constitute a waiver of any defense, legal or
equitable, which Respondent may have in any future administrative or judicial
proceeding, except a proceeding to enforce this order.
I.
FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management (“IDEM”), a department of
the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is The
Priority Group Corporation (“Respondent”), which owns and/or operates
the company with United States Environmental Protection Agency (“EPA”) ID No.
INR 000145508, located at 4026 W. 10th Street, in Indianapolis,
Marion County, Indiana (“Site”).
3.
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 (“NOV”) to:
Joseph
Straka, President |
Robert
Straka, Owner |
and
Registered Agent |
The Priority Group Corporation |
The Priority Group Corporation |
4026
W. 10th Street |
4026
W. 10th Street |
Indianapolis,
Indiana 46222 |
Indianapolis,
Indiana 46222 |
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5.
Respondent provides a variety of services
including printing, graphic design, large format, direct mail and fulfillment.
6.
329 Indiana Administrative Code (“IAC”) 3.1
incorporates certain federal hazardous waste management requirements found in
40 Code of Federal Regulations (“CFR”) Parts 260 through 270 and Part 273,
including those identified below.
7.
During an investigation including an inspection
on November 16, 2017, conducted by a representative of IDEM, the following
violations were found:
a. Pursuant to 40 CFR 262.11, a person who
generates a solid waste must determine if that waste is hazardous.
As noted during the inspection,
Respondent did not make a hazardous waste determination on the 55-gallon
plastic drum located in the garage room/boom room. The 55-gallon plastic drum had been on-site
for an excessive amount of time and did not have any identifying markings. In addition, a hazardous waste determination
had not been made on the 5-gallon container of soap and water mixture used to
clean the waste ink off the machine parts located in the sink room. The waste water was being poured down the sink
to the Publicly Owned Treatment Works (POTW).
On July 6, 2018, Respondent submitted
the hazardous waste determination on the 55-gallon plastic drum located in the
garage room/boom and the 5-gallon container of soap and water mixture used to
clean the waste ink off the machine parts.
b. Pursuant to 329 IAC 3.1-1-10, every
hazardous waste generator, transporter, or owner or operator of a hazardous
waste facility shall notify the commissioner of its hazardous waste activity on
the approved forms.
As noted during the
inspection, Respondent failed to notify the Commissioner of hazardous waste
generator activities.
On May 9, 2018, IDEM issued Respondent
an EPA identification number.
c.
Pursuant to 329 IAC 3.1-1-11(c), any person who
transports, or offers for transportation, a hazardous waste must first obtain
an identification number issued by the U.S. EPA.
As noted during the inspection,
Respondent failed to obtain an EPA identification number prior to offering
hazardous waste for transportation.
On May 9, 2018, IDEM issued Respondent
an EPA identification number.
d.
Pursuant to IC 13-22-4-3.1(b), a hazardous
waste SQG, i.e., a person that generates, in any one or more calendar months of
a calendar year:
a) more than one
hundred (100) kilograms but less than one thousand (1,000) kilograms of
hazardous waste;
b) less than one
(1) kilogram of acute hazardous waste; or
c) less than one
hundred (100) kilograms of material from the cleanup spillage of acute
hazardous waste; or
accumulates at least one thousand
(1,000) kilograms of hazardous waste or less than one (1) kilogram of acute
hazardous waste shall, before March 1 of each year, submit to the department on
forms provided by the department, a report that summarizes the person's
hazardous waste shipments during the previous calendar year.
On
May 15, 2018, Respondent submitted several manifests to IDEM’s enforcement
section.
As noted during the inspection,
Respondent shipped to a hazardous waste treatment, storage, and disposal
facility. Respondent did not submit the
2015 and 2016 Annual Manifest Reports to IDEM as required.
e.
Pursuant to 40 CFR 262.23(a)(3) and
40 CFR 262.40(a), a generator must keep a copy of each manifest for at least
three years from the date the waste was accepted by the initial transporter.
As noted during the
inspection, Respondent did not maintain all of the required manifest copies for
year 2015 on-site.
On July 6, 2018, Respondent submitted
documentation indicating a record keeping procedure for maintenance of records and
designated an employee as the primary person to ensure ongoing compliance.
f.
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 without a permit and without
complying with 40 CFR 262.34(a), provided that the containers are marked with
either the words "Hazardous Waste" or with other words describing the
contents.
As noted during the
inspection, Respondent accumulated hazardous waste in containers at or near the
point of generation without a permit and did not properly mark satellite
accumulation containers with either the words “Hazardous Waste” or with other words
describing the contents. Respondent did
not properly mark the following:
a)
one (1) 55-gallon drum of hazardous
waste D001 located in the graphics area;
b)
one (1) 55-gallon drum of hazardous
waste D001 located in the press area;
c) six
(6) 55-gallon drums of hazardous waste D002 located in the pre-press area; and
d) ten
(10) 5-gallon plastic containers of hazardous waste D002 located under the
pre-press machine.
At the time of the
inspection on November 16, 2017, several of the containers were properly
labeled.
On July 6, 2018, Respondent submitted
photos that showed seven (7) 55-gallon drums labeled Hazardous Waste.
g.
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.
As noted during the inspection, Respondent did not store a 55-gallon
satellite drum containing D001 hazardous waste located in the press
area closed.
At the time of the inspection on November 16, 2017, Respondent
properly closed the 55-gallon drum of hazardous waste D001.
h.
Pursuant
to 40 CFR 262.34(d)(2)
referencing 40 CFR 265.174, a generator must inspect areas where
containers are stored, at least weekly, looking for leaks and deterioration
caused by corrosion or other factors.
As noted during the inspection, Respondent failed to conduct
weekly inspections of the areas where hazardous waste was being stored.
On July 6, 2018, Respondent submitted a
copy of the weekly inspection form used at the facility.
i.
Pursuant to 40 CFR 262.34(d)(4)
referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste
on-site for 180 days or less without a permit, provided that the date when the
accumulation begins is clearly marked and visible for inspection on each
container.
As noted during the
inspection, Respondent accumulated hazardous waste on-site, without a permit,
and failed to clearly mark hazardous waste containers with accumulation start
dates on the following:
(1) three (3) 55-gallon drums of D001 located
in the press area;
(2) two (2) 55-gallon drums of D002 located in
the garage room/boom room; and
(3) two (2) 55-gallon drums of D001 located in
the garage room/boom room.
On July 6, 2018, Respondent submitted
documentation that stated a standard procedure for making containers with the
accumulation start date for those in the central accumulation area.
j.
Pursuant to 40 CFR 262.34(d)(4)
referencing 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste
on-site for 180 days or less without a permit, provided that, while being
accumulated on-site, each container and tank is labeled or marked clearly with
the words “Hazardous Waste.”
As noted during the
inspection, Respondent accumulated hazardous waste on-site, without a permit,
and failed to clearly mark the following hazardous waste containers with the
words “Hazardous Waste.”
(1) three (3) 55-gallon drums of D001 located
in the press area;
(2) two (2) 55-gallon drums of D002 located in
the garage room/boom room; and
(3) two (2) 55-gallon drums of D001 located in
the garage room/boom room.
On July 6, 2018, Respondent submitted
documentation that indicated a standard procedure for clearly marking of all
hazardous waste containers with “Hazardous Waste” labels.
k.
Pursuant to 40 CFR 262.34(d)(5)(i),
at all times there must be at least one employee on the premises or on call
(i.e. available to respond to an emergency by reaching the facility within a
short period of time) with the responsibility for coordinating all emergency
response measures specified. This
employee is the emergency coordinator.
As noted during the inspection,
Respondent did not have an emergency coordinator.
On June 8, 2018, Respondent submitted
the name of the emergency coordinator.
l.
Pursuant to 40 CFR
262.34(d)(5)(ii), the generator must post the following information next to the
telephone: (1) the name and phone number of the emergency coordinator; (2)
location of fire extinguishers and spill control material and, if present, fire
alarm; (3) the telephone number of the fire department, unless the facility has
a direct alarm.
As noted during the
inspection, Respondent failed to post the required emergency information next
to the telephone.
On June 8, 2018, Respondent submitted a
photo of the emergency information posted next to the
telephone.
m.
Pursuant to 40 CFR 262.34(d)(5)(iii), the generator must ensure that all employees are
thoroughly familiar with proper waste handling and emergency procedures,
relevant to their responsibilities during normal facility operations and
emergencies.
As noted during the
inspection, Respondent
failed to ensure that employees were thoroughly familiar with the proper
hazardous waste handling and emergency procedures, relevant to their
responsibilities.
8. 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 Complainant or Complainant’s
delegate, and has been received by Respondent. This Agreed Order shall have no
force or effect until the Effective Date.
2.
Respondent shall comply with the statutes,
rules, and/or permit conditions listed in the findings above.
3.
Within thirty (30) days of the Effective Date
of the Agreed Order, Respondent shall submit to IDEM an annual manifest report for
2016, including the ID Form and the Form OS.
The Form OS and instructions to the ID Form and Form OS can be obtained
from IDEM’s web site at http://www.in.gov/idem/landquality/2373.htm. Both the Form OS and the ID Form can be
obtained upon request at:
Indiana Department of Environmental
Management |
Regulatory Reporting Section |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
4.
Within ninety (90) days of the Effective Date,
Respondent shall comply with 40 CFR 262.34(d)(5)(iii).
Specifically, Respondent shall ensure that all hazardous waste employees
are thoroughly familiar with proper hazardous waste handling and emergency
procedures, relevant to their responsibilities during normal facility
operations and emergencies.
5.
Within ninety-five (95) days of the Effective
Date, Respondent shall submit to IDEM documentation that hazardous waste
training was provided to all hazardous waste personnel.
6.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Idelia Walker-Glover, Enforcement Case
Manager |
Office of Land Quality |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
7.
Respondent is assessed a
civil penalty of Twenty Two Thousand
Eight Hundred Seventy Five Dollars ($22,875.00). Within thirty (30) days of the Effective Date
of the Agreed Order, Respondent shall pay a portion of this penalty in the
amount of Four Thousand Five Hundred Seventy Five Dollars ($4,575.00) Said penalty
amount shall be due and payable to the Environmental Management Special
Fund. In lieu of payment of the
remaining civil penalty, Respondent performed and completed a Supplemental
Environmental Project (“SEP”).
Respondent estimates that this SEP will cost Fifty Thousand Seven
Hundred Twenty Five Dollars ($50,725.00).
In the event that the cost of the SEP is less than Thirty Six Thousand
Six Hundred Dollars ($36,600.00), Respondent shall pay the difference between
the proposed cost of the SEP Thirty
Six Thousand Six Hundred Dollars ($36,600.00) and the actual cost of the SEP.
8.
As a SEP (Attachment
A), Respondent purchased and installed a press wash recycling equipment and ph
neutralization equipment. Installation
is projected to significantly reduce hazardous waste and will return the
company to a conditionally exempt status.
Implementation of this SEP will reduce the amount of press wash
hazardous waste by 95-97%, from 3-4 barrels per month to 2-3 barrels per year. Installation of the equipment is complete.
9.
Within thirty (30) days of the Effective Date
of the Agreed Order, Respondent shall submit written notice and documentation
to IDEM which substantiates all actions taken and the cost incurred with the
SEP. In the event that Respondent does
not submit written notice and documentation to IDEM which substantiates all
actions taken and the cost incurred with the SEP by May 17, 2019, the full
amount of the civil penalty as stated in paragraph 7 above, plus interest
established by IC 24-4.6-1-101 on the remaining amount, less the portion of the
civil penalty Respondent has already paid, will be due within fifteen (15) days
from Respondent's receipt of IDEM’s notice to pay. Interest, at the rate established by IC
24-4.6-1-101, shall be calculated on the amount due from the date which is
thirty (30) days after the Effective Date of this Agreed Order until the full
civil penalty is paid.
10.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
Paragraph |
Penalty |
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3 |
$125 per
week or part thereof |
4 |
$125 per
week or part thereof |
5 |
$125 per
week or part thereof |
11.
Stipulated penalties shall be due and payable
no later than the 30th day after Respondent receives written notice
that Complainant has determined a stipulated penalty is due; the 30th
day being the “Due Date”. Complainant
may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a
timely manner of stipulated penalty assessment shall not waive Complainant’s
right to collect such stipulated penalty or preclude Complainant from seeking
additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant from seeking additional relief against
Respondent for a violation of this Agreed Order; such additional relief
includes any remedies or sanctions available pursuant to 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:
Indiana Department of Environmental
Management |
Office of Legal Counsel |
IGCN, Room N1307 |
100 North Senate Avenue |
Indianapolis, IN 46204 |
13.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be
computed as having accrued from the Due Date until the date that Respondent
pays any unpaid balance. Such interest
shall be payable to the Environmental Management Special Fund, and shall be
payable to IDEM in the manner specified in Paragraph 12, above.
14.
This Agreed Order shall apply to and be binding
upon Respondent and its successors and assigns. Respondent’s signatories to this Agreed Order
certify that they are fully authorized to execute this Agreed Order and legally
bind the party they represent. No change
in ownership, corporate, or partnership status of Respondent shall in any way
alter its status or responsibilities under this Agreed Order.
15.
In the event that any terms of this 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 this Agreed Order did not
contain the invalid terms.
16.
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 is not
and shall not be interpreted to be a permit or a modification of an existing
permit. This Agreed Order, and IDEM’s
review or approval of any submittal made by Respondent pursuant to this Agreed
Order, shall not in any way relieve Respondent of its obligation to comply with
the requirements of its applicable permits or any applicable Federal or State
law or regulation.
18.
Complainant does not, by
its approval of this Agreed Order, warrant or aver in any manner that
Respondent’s compliance with any aspect of this Agreed Order will result in
compliance with the provisions of any permit, order, or any applicable Federal
or State law or regulation. Additionally,
IDEM or anyone acting on its behalf shall not be held liable for any costs or
penalties Respondent may incur as a result of Respondent’s efforts to comply
with this Agreed Order.
19.
Nothing in this Agreed
Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive
relief under any applicable Federal or State law or regulation, except that
IDEM may not, and hereby waives its right to, seek additional civil penalties
for the same violations specified in the NOV.
20.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
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By: _________________________ |
By:
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Nancy Johnston, Section Chief |
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Enforcement Section |
Printed: ______________________ |
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Office of Land Quality |
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Title: ________________________ |
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Date: __________________ |
Date: _______________________ |
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COUNSEL FOR RESPONDENT: |
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By: ________________________ |
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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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For the
Commissioner: |
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Signed April
9, 2019 |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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