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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2019-26036-H |
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Korellis roofing, 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 IC
13-13-1-1.
2.
Respondent
is Korellis Roofing, Inc. (“Respondent”), which
owns/operates the facility, with EPA ID No. INR 000 146 225, located at 1333
169th Street, in Hammond, Lake County, Indiana (“Site”).
3.
Respondent
notified EPA of hazardous waste activities on October 26, 2018.
4.
Respondent
operated as a large quantity hazardous waste generator (LQG) in October, November,
and December of 2018 and in January of 2019.
During this inspection Respondent was operating as a conditionally
exempt small quantity hazardous waste generator (CESQG).
5.
IDEM has jurisdiction over the parties and the
subject matter of this action.
6.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) on to:
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Korellis Roofing, Inc. |
Pete
Korellis, Registered Agent |
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Attn:
Pete Korellis, President |
Korellis Roofing, Inc. |
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8338
Linden Avenue |
1333
169th Street |
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Munster,
IN 46321 |
Hammond,
IN 46324 |
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 February 21, 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 proper hazardous waste determinations on 18 containers
(6,300 pounds) of bonding and rubber adhesives which were solid wastes generated
by Respondent. Specifically, Respondent
determined the bonding and rubber adhesives to be nonhazardous waste. However, it was determined to be a
characteristic hazardous waste (D001, D006, D007, D008, D035, F003, F005).
b.
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 failed to designate on two (2) manifests (Manifest Tracking Numbers
006684096 SKS and 006684099 SKS) a facility which is permitted to handle
hazardous waste. Specifically,
Respondent manifested hazardous waste to a non-permitted facility. Additionally, Respondent failed to list its
Generator ID number in section 1, list the applicable hazardous waste codes in
section 13, and use a proper DOT description in section 9 on Manifest Tracking
Numbers 006684096SKS and 006684099SKS.
A new corrected manifest (Manifest
Tracking Number 011077986 FLE) was sent via email on February 25, 2019.
c.
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
was a LQG in October, November, and December of 2018 and January 2019 but
failed to develop a contingency plan for the facility.
d.
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 was a LQG in October, November, and December of 2018 and January
2019, and did not develop and implement a hazardous waste management personnel
training program.
e.
Pursuant
to 40 CFR 262.34 referencing 40 CFR 268.7, a generator of hazardous waste must
determine if the waste was to be treated before it can be land disposed. This
is done by determining if the hazardous waste meets the treatment standards in
40 CFR 268.40, 40 CFR 268.45, or 40 CFR 268.49. This determination can be made
in either of two ways: testing the waste or using knowledge of the waste. With
the initial shipment of hazardous waste (meeting or not meeting the treatment
standards in 40 CFR 268.40 and 40 CFR 268.42) to each treatment or storage
facility, the generator must send a one-time written notice to each treatment
or storage facility receiving the waste, and place a copy
in the file. No further notification is
necessary until such time that the waste or facility change, in which case a
new notification must be sent and a copy placed in the generator's file.
At
the time of the inspection, the facility could not demonstrate that it had
determined if the waste bonding and rubber adhesives had to be treated before
it could be land disposed and that it had submitted a written notice to the
treatment or storage facility receiving the waste.
A land-ban notification was submitted via email on February
25, 2019.
f.
Pursuant
to 40 CFR 261.4(a)(26)(i) and 329 IAC 3.1-6-2(13), solvent-contaminated
wipes that are sent for cleaning and reuse are not solid wastes from the point
of generation, provided that the solvent-contaminated wipes, when accumulated,
stored, and transported, are labeled “Excluded Solvent-Contaminated Wipes” or
with other words indicating the contents of the container.
As
noted during the inspection, Respondent was a LQG in October, November, and
December of 2018 and January of 2019.
The wipes during these months were subject to the standards of the
exclusion found at 40 CFR 261.4(a)(26)(i) and 329 IAC 3.1-6- 2(13). The facility did not label the
containers of solvent contaminated wipes as “Excluded Solvent-Contaminated
Wipes” or with other words indicating the contents of the container.
Respondent submitted via email on November 26, 2019 the procedures
implemented for managing “Excluded Solvent-Contaminated Wipes”.
g.
Pursuant to 40 CFR 261.4(a)(26)(v)(A), (B), and (C), generators
must maintain at their site the following documentation: the name and address
of the laundry or dry cleaner that is receiving the solvent-contaminated wipes;
documentation that the 180-day accumulation time limit in 40 CFR
261.4(a)(26)(ii) is being met; and a description of the process the generator
is using to ensure the solvent-contaminated wipes contain no free liquids at
the point of being laundered or dry cleaned on-site or at the point of being
transported off-site for laundering or dry cleaning.
As noted during the inspection, Respondent was an LQG in October,
November, and December of 2018 and January, 2019. The wipes during these months were subject to
the standards of the exclusion found at 40 CFR 261.4(a)(26)(ii).
The facility did not have the documentation of the description of the process
it used to ensure the solvent-contaminated wipes contained no free liquids at
the point of being laundered or dry cleaned on-site or at the point of being
transported off-site for laundering or dry cleaning.
Respondent submitted via email on November 26, 2019 the steps
being taken to ensure the “Excluded Solvent-Contaminated Wipes” contain no free
liquids.
Inspection
Documentation
9.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the
settlement reached, Respondent acknowledges notice of this right and 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 and rules
listed in the findings of fact above.
3.
Upon the Effective Date, Respondent shall
comply with 40 CFR 262.11. Specifically,
Respondent shall make a waste determination on any solid waste generated in the
future to determine if that waste is hazardous.
If the waste is hazardous it shall be managed according to the
applicable regulations.
4.
Upon the Effective Date, Respondent shall
comply with the applicable generator hazardous waste requirements. Specifically, Respondent shall ensure the
applicable generator requirements are followed based on the amount of hazardous
waste generated in each calendar month.
5.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.20 and IC
13-30-2-1(12). Specifically, Respondent
shall not transport hazardous waste for off-site treatment, storage, or
disposal without preparing a manifest and ensure manifests are fully filled out
and contain accurate information.
6.
Upon
the Effective Date, Respondent shall comply with 40 CFR 268.7(a). Specifically, Respondent shall not transport
hazardous waste for off-site treatment, storage, disposal without preparing a
one-time Land Disposal Notification Form.
7.
All
submittals required by this Agreed Order, unless IDEM notifies the Respondent
otherwise in writing, shall be sent to:
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Christina
Halloran, Enforcement Case Manager |
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Office
of Land Quality |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
8.
Pursuant
to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Three
Thousand Dollars ($3,000). Said penalty amount shall be due and payable to the
Environmental Management Special Fund within thirty (30) days of the Effective
Date.
9.
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:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
10.
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 9, above.
11.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
12.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
13.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
14.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of 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.
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 the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
17.
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.
18.
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 violations
specified in the NOV.
19.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (U.S. 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 the U.S. EPA or any other agency or entity.
20.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
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By: _________________________ |
By:
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Linda L.
McClure, Section Chief |
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Enforcement
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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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________________________, 20_____. |
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For the Commissioner: |
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Signed 01/10/2020 By: |
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Peggy Dorsey, |
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Assistant Commissioner |
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Office of Land Quality |
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