STATE OF
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BEFORE THE
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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. 2019-25960-H |
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Greenville Technology Inc., |
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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 Indiana Code (“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 Greenville Technology Inc. (“Respondent”), which owns/operates the facility
with United States Environmental Protection Agency (“EPA”) ID No. INR000135863,
located at 3511 West 73rd St., in Anderson, Madison 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:
Yasushi
Nakao |
Craig
Wiley |
President
and CEO |
Registered
Agent |
5755
State Route 571 East |
10
West Market St. #2400 |
Greenville,
OH 45331 |
Indianapolis,
IN 46204 |
5.
Respondent notified EPA of Large Quantity
Generator activities.
6.
Respondent owns/operates a plastic injection
molding manufacturing facility that supplies the automotive industry.
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 an inspection
on January 7, 2019, 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 one (1) 55-gallon
container of aerosol paint waste in the maintenance area which was solid waste
generated by the Respondent.
Also as noted during the inspection, Respondent
did not make a proper hazardous waste determination for solvent-contaminated
personal protective equipment (“PPE”) and wipes. The PPE and wipes contain a listed hazardous
waste (F005) and were being commingled with trash in 10-gallon containers. Due to the commingling, the entire contents
of the 10-gallon container are considered a F005 hazardous waste.
On August 15 and August 20, 2019,
Respondent provided the waste profiles for the empty aerosol cans and
solvent-contaminated PPE and wipes. The
aerosol cans will be managed as a D001 hazardous waste. The solvent-contaminated PPE and wipes will
be managed as a F003, F005, D001, and D035 hazardous waste. Photo documentation of the aerosol can paint
waste container and solvent-contaminated PPE and wipes container labeled as
“Hazardous Waste” were also provided.
b. Pursuant to 40 CFR 262.12(c), a
generator must not offer its hazardous waste to transporters or to treatment,
storage, or disposal facilities that have not received an EPA identification
number.
As noted during the inspection,
Respondent sent its hazardous waste to a transporter/treatment, storage, or
disposal facility that did not have an EPA identification number when it
disposed of commingled PPE, wipes, and trash (F005) as a non-hazardous waste.
c.
Pursuant to 40 CFR 262.20, a generator who
transports, or offers for transportation, hazardous waste for offsite
treatment, storage, or disposal, must prepare a manifest. A generator must
designate on the manifest one facility which is permitted to handle the waste
described on the manifest. A generator may designate an alternate facility to
handle his waste in the event that an emergency prevents delivery of the waste
to the primary designated facility.
As noted during the inspection, Respondent
offered hazardous waste for transportation for offsite treatment, storage, or
disposal without preparing a manifest when it disposed of commingled PPE,
wipes, and trash (F005) as a non-hazardous waste.
d.
Pursuant to IC 13-30-2-1(12), a person may not
cause or allow the transportation of a hazardous waste without a manifest if a
manifest is required by law.
As noted during the inspection,
Respondent caused or allowed the transportation of a hazardous waste without a
manifest as required by law when it disposed of commingled PPE, wipes, and
trash (F005) as a non-hazardous waste.
e.
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 did not properly mark satellite accumulation containers with either
the words “Hazardous Waste” or with other words describing the contents in the
following areas: eighteen (18) 5-gallon
containers located at the exterior paint booth, four (4) 5-gallon containers at
the interior paint booth, one (1) 55-gallon container in the mix room, three (3)
10-gallon containers of commingled PPE, wipes, and trash at the exterior paint
booth, and one (1) 10-gallon container of commingled PPE, wipes, and trash in
the mix room.
On January 7, 2019, Respondent provided
photo documentation of one 5-gallon container of hazardous waste properly
labeled via email. Respondent stated in
the email that twenty-two (22) containers had been corrected.
On August 15, 2019, Respondent provided
photo documentation of the 55-gallon container in the mix room, 55-gallon
container of solvent-contaminated PPE and wipes, and 55-gallon container of
aerosol paint waste properly labeled as “Hazardous Waste.”
On August 20, 2019, Respondent provided
additional photo documentation of the twenty-two (22) 5-gallon containers of hazardous
waste properly labeled.
f.
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 the following hazardous waste containers closed: eighteen (18) 5-gallon containers located in
the exterior paint booth, four (4) 5-gallon containers located in the interior
paint booth, and one (1) 55-gallon container located in the mix room.
On January 7, 2019, Respondent provided
photo documentation of two (2) 5-gallon containers of hazardous waste stored
closed via email. Respondent stated in
the email that twenty-two (22) containers had been corrected.
On August 15, 2019, Respondent provided
photo documentation of the 55-gallon container in the mix room properly closed.
g.
Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.51, a generator must have a contingency plan for the
facility.
As noted during the inspection,
Respondent did not have a contingency plan.
An emergency action plan was available for review at the facility, but
the emergency action plan did not meet the requirements of a contingency plan.
On August 15, 2019, Respondent provided
a copy of the contingency plan.
h.
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.
As noted during the inspection,
Respondent did not provide hazardous waste training within six months of the
hire date nor an annual review of hazardous waste training to those individuals
managing hazardous waste.
On August 20 and August 28, 2019,
Respondent provided documentation of hazardous waste training completed in 2017,
2018, and 2019.
i.
Pursuant to 40 CFR 262.34(a)(4) referencing 40
CFR 265.16(d)(1-4), certain hazardous waste training related documents and
records including job title, job descriptions, a description of the type and
amount of required training, and completion documents with respect to the hazardous
waste management training must be maintained on-site.
As noted during the inspection,
Respondent did not maintain all of the required hazardous waste training
related documents and records on-site.
Job titles, job descriptions, a description of the type and amount of
required training, and completion documents with respect to the hazardous waste
management training were unavailable.
On August 20 and August 28, 2019, Respondent
provided documentation of hazardous waste training completed in 2017, 2018, and
2019. Documentation of job titles and
job descriptions pertaining to hazardous waste management were provided.
j.
Pursuant to 329 IAC 13-4-3(d), generators must
label all used oil containers and aboveground tanks with the words “Used Oil.”
As noted during the inspection,
Respondent did not label one (1) 250-gallon used oil container with the words
“Used Oil.”
On August 15, 2019, Respondent provided
photo documentation the used oil container properly labeled with the words
“Used Oil.”
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.
Upon the Effective Date of the Agreed Order,
Respondent shall comply with 40 CFR 262.11.
Specifically, Respondent shall complete a waste determination on the
55-gallon container of aerosol can paint waste and submit to IDEM waste
determination results.
4. Upon the Effective Date of the Agreed
Order, Respondent shall submit to IDEM disposal records for the
solvent-contaminated PPE and wipes documenting disposal as a hazardous waste.
5. Upon the Effective Date of the Agreed
Order, Respondent shall comply with 40 CFR 262.12(c). Specifically, Respondent shall offer the
solvent-contaminated personal protective equipment and wipes to a transporter
or to a treatment, storage or disposal facility that has received an EPA
identification number.
6. Upon the Effective Date of the Agreed
Order, Respondent shall comply with 40 CFR 262.20. Specifically, Respondent shall prepare a
manifest prior to disposal of solvent-contaminated personal protective
equipment and wipes.
7. Upon the Effective Date of the Agreed
Order, Respondent shall comply with IC 13-30-2-1(12). Specifically, Respondent shall manifest the solvent-contaminated
personal protective equipment and wipes prior to shipment.
8. Upon the Effective Date of the Agreed
Order, Respondent shall comply with 40 CFR 262.34(c)(1)(ii). Specifically, Respondent shall mark all
satellite containers with the words “Hazardous Waste” or other words to
identify the contents.
9. Upon the Effective Date of the Agreed
Order, Respondent shall comply with 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a). Specifically, Respondent shall ensure that
containers holding hazardous waste are closed during storage, except when it is
necessary to add or remove waste.
10. Upon the Effective Date of the Agreed
Order, Respondent shall comply with 40 CFR 262.34(a)(4)
referencing 40 CFR 265.51. Respondent
shall submit to IDEM documentation that the contingency plan has been submitted
to all local police departments, fire departments, hospitals, and State and
local emergency response teams that may be called upon to provide emergency
services.
11. Upon the Effective Date of the Agreed
Order, Respondent shall comply with 329 IAC 13-4-3(d). Specifically, Respondent shall label all used
oil containers and aboveground tanks with the words “Used Oil.”
12. All submittals required by this Agreed
Order, unless Respondent is notified otherwise in writing by IDEM, shall be
sent to:
Debbie Chesterson, Enforcement Case
Manager |
Office of Land Quality |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
13. Respondent is assessed and agrees to pay
a civil penalty of Seventeen Thousand Dollars ($17,000). Said penalty amount shall be due and payable to
the “Environmental Management Special Fund” in four (4) consecutive quarterly
installments over a one (1) year period in the amount of Four Thousand Two
Hundred and Fifty Dollars ($4,250). Said
penalty shall be due and payable to the Environmental Special Fund within
thirty (30) days of the Effective Date; the 30th day being the “Due
Date.” The next consecutive quarterly installment shall be due on or before the
last day of the due month following the first quarterly installment.
14. 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 |
Order
paragraph 3 |
$100/week |
Order
paragraph 4 |
$100/week |
Order
paragraph 5 |
$100/week |
Order
paragraph 6 |
$100/week |
Order
paragraph 7 |
$100/week |
Order
paragraph 8 |
$100/week |
Order
paragraph 9 |
$100/week |
Order
paragraph 10 |
$100/week |
Order
paragraph 11 |
$100/week |
15. 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.
16. 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 |
Accounts
Receivable |
IGCN,
Room 1340 |
100
North Senate Avenue |
Indianapolis, IN 46204 |
17. 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 16, above.
18. 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.
19. 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.
20. 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.
21. 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
22. 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.
23. 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.
24. 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.
25. 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
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Linda
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Land
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COUNSEL FOR RESPONDENT: |
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________________________ |
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_________________________ |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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20__. |
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Date:_______________________ |
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Signed on 12/09/19 |
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For
the Commissioner: |
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Peggy
Dorsey |
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Assistant
Commissioner |
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Office
of Land Quality |
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