STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case Nos. 2018-25531-H, and
					)	2018-25709-H
					)
exide technologies, inc.,					)
					)
Respondent.					)

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 Exide Technologies, Inc. (“Respondent”), which owns/operates the company with United States Environmental Protection Agency (“EPA”) ID No. IND000717959, located at 2601 W. Mount Pleasant Blvd., in Muncie, Delaware 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”) via Certified Mail to:

Victor M. Koelsch, President	CT Corporation System, Registered Agent
Exide Technologies, Inc.	for: Exide Technologies, Inc.
13000 Deerfield Pkwy, Bldg. 200	150 W. Market Street, Suite 800
Milton, GA 30004	Indianapolis, IN 46204

5. Respondent is a Large Quantity Generator and has a RCRA permit (“Permit”) which was issued on July 30, 2015 for container storage and for a containment building at this Site.

6. Respondent is a secondary lead smelter. Lead is reclaimed from lead-acid batteries and other lead bearing material.

7. 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.

8. During an investigation including inspections on June 21, and September 25, 2018 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Permit Condition II.F., 40 CFR 264.16, 329 IAC 3.1-9, and Attachment H.H-1b(1), training of management personnel at the Exide Muncie facility is conducted by the Exide Corporate Environmental personnel or by other authorized, qualified persons or organizations. Management personnel trained relative to 40 CFR include plant safety and health supervisors and any other supervisory personnel designated by the Plant Manager who would be required to make a management decision relative to the safe generation, transportation, treatment, storage, or disposal of hazardous wastes. Training will be conducted via the following methods: 1. Formal classroom training using audiovisual methods. 2. Written communications outlining compliance requirements and/or amendments to regulations. 3. Supplemental training material.

As noted during the June 21, 2018 inspection, for Respondent's personnel training from December 5, 2017 through December 7, 2017, the Environmental Manager, Michael Henry, conducted training for those Exide employees required to have RCRA training. Records indicated Mr. Henry’s training consisted of attending the training he was leading. Subsequently, Respondent provided a certificate of completion to IDEM on October 2, 2018 stating that Mr. Henry completed an online RCRA training course entitled “RCRA Hazardous Waste Generator” offered by National Environmental Trainers, Inc.

b. Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as fifty-five (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 June 21, 2018 inspection, Respondent had not labeled the satellite accumulation container in Mobile Maintenance with the required words. This was corrected during the inspection.

c. Pursuant to Permit Conditions IV.C., IV.D, Attachment D-10, D-10a(6) and D-10(a)(4)(b), 40 CFR 264.1100 and 1101, and 40 CFR 264.1100(c), the Permittee shall maintain the Containment Building in accordance with the plans and specifications contained in Attachment D-10 as follows:

i. The containment building must be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, (e.g. precipitation, wind, run-on), and to assure containment of managed wastes.

ii. The exclusion of precipitation by the roof and exterior walls, coupled with the concrete flooring and slab and sidewalls, all of which are compatible with the wastes contained therein will prevent the possibility of release.

iii. Liquids collected in the sump at the west end of the containment building are removed with an automated pump when liquid depth reaches (sixteen) 16 inches.

As noted during the June 21, 2018 inspection, rainwater was observed falling into the containment building through the roof. Rainwater was coming into the containment building in the aisle way between the bins. Puddles, formed from the rainwater, were observed draining toward the sump at the west end of the building. Liquid was observed backing up into the aisle to the east of the sump. Water was also observed within the barrier constructed around a portion of Bin 4 for ongoing leak detection and repair activities. Subsequently, Respondent provided information to IDEM on October 2, 2018 stating that the leakage occurred due to a poor joint design between upper and lower roofs. A roof contractor was retained in May 2018 to address the roof leaks. Comprehensive repair work was completed over the following six months, including a complete redesign and replacement of the roof joint and flashing shape to ensure proper redirection of water. The work was completed on November 8, 2018.

d. Pursuant to Permit Condition III.F., 40 CFR 270.15(a)(4), 40 CFR 264.175(b)(4), Permit Condition Attachment D-1a(3)(d), the Permittee must construct, operate, and maintain the containment system as specified in Process Information, Attachment D.

i. Container Storage Areas A and D are enclosed on all sides and are covered by roofs that direct rainfall into gutters. This keeps precipitation from entering the container storage areas and prevents the possibility of precipitation entering the containment system. Any run-on generated within the production building (which houses container storage area A), from equipment washing, for example, is directed towards the sump and trench by the slope of the floor as shown in Exhibit D-4. Any ancillary waters accessing container storage area D will be removed using absorbents or other means.

ii. Owners or operators of facilities that store containers of hazardous waste must provide provisions for preventing or managing run-on. Run-on into the containment system must be prevented.

During the June 21, 2018 inspection water was found on the west side of Container Storage Area D. A contractor was brought in and they found an exterior ridge cap flashing over the west roof-wall intersection had blown loose and out of position. The contractor repaired flashing on June 22, 2018 as reported in Exide’s October 2, 2018 response letter. During the September 25, 2018 inspection, a separate incident of a puddle of water was found in Container Storage Area D. The water was immediately cleaned up that day, and a contractor was brought in on September 26, 2018 who found a small leak in the roof and repaired it that day. This action was reported in Exide’s December 20, 2018 response letter.

9. 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. Respondent is assessed and agrees to pay a civil penalty of two thousand two hundred dollars ($2,200). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

4. Civil 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

5. 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 4, above.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with EPA or any other agency or entity.

13. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: _______________________
				COUNSEL FOR RESPONDENT:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		______	DAY OF	________________________, 20_____.
				For the Commissioner:
				2/26/19________________
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality