STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2019-26087-H
					)
CARDINAL METAL FINISHING LLC,					)
					)
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 Cardinal Metal Finishing, LLC (“Respondent”), which owns and/or operates the company with United States Environmental Protection Agency (“EPA”) ID No. IND 062 818 620, located at 1500 E. Murden Street, in Kokomo, Howard 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:

Scott Zemnick, President and	Scott Zemnick, President and
Registered Agent	Registered Agent
Cardinal Metal Finishing, LLC	Cardinal Metal Finishing, LLC
1500 E. Murden Street	150 North Riverside Plaza
Kokomo, Indiana 46901	Chicago, Illinois 60606

5. Respondent business blasts transmission housings to ready them for use. Steel shot blast media is used to remove flash, burrs, scale, and rust from the surface of aluminum parts.

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 inspections on July 19, 2018 and July 24, 2018 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 inspections on July 19, 2018 and July 24, 2018, Respondent did not make a proper hazardous waste determinations on approximately three hundred (300) 55-gallon drums of aluminum and steel dust/fines and approximately twenty-five (25) boxes, two (2) 275-gallon totes containing dust collector filters from the blasting operation. Based on the operational experience at the generator and disposal facilities and the fire department reports, the aluminum and steel dust/fines caught on fire.

On November 21, 2018, IDEM received a letter from the Respondent that indicated the TCLP test confirmed the dust and fines generated are not considered a hazardous material.

On December 19, 2018, IDEM received a letter from the Respondent that indicated the EPA method 1030 test for the dust failed to propagate up the length of the power train. The dust was considered nonflammable.

On August 27, 2019, IDEM received an email from the Respondent that contain copies of the Bill of Lading Material Manifests used to ship the aluminum and steel dust/fines stored at the facility. The waste was shipped as non-hazardous.

b. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous.

As noted during the inspections on July 19, 2018 and July 24, 2018, Respondent did not make hazardous waste determinations on approximately sixty seven (67) containers, ranging in size from 5-gallons to 55-gallons. The containers were left at Cardinal Metal Finishing, LLC by the previous company (formerly Saran) by Indalex that operated at the Site.

On June 5, 2019, Respondent submitted a copy of the manifest used to ship approximately sixty seven (67) containers ranging in size from 5-gallons to 55-gallons. The waste was shipped as non-hazardous.

c. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspections, Respondent caused and/or allowed solid waste, approximately three hundred (300) 55-gallon drums of aluminum and steel dust/fines, and twenty-five (25) boxes and two (2) 275-gallon totes containing dust collector filters from the blasting operation, to be stored and/or disposed at the Site in a manner which creates a threat to human health or the environment.

On August 27, 2019, IDEM received an email from Respondent that contain copies of the Bill of Lading Material Manifests used to ship the aluminum and steel dust/fines and dust collector filters stored at the facility. The waste was shipped as non-hazardous.

d. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspections, Respondent caused and/or allowed solid waste, approximately sixty seven (67) containers that contain waste left by the previous company, ranging in size from 5-gallons to 55-gallons, to be stored and/or disposed at the Site in a manner which creates a threat to human health or the environment.

On June 5, 2019, IDEM received an email from Respondent that contain copies of the manifests used to ship the sixty seven (67) containers of waste stored at the facility. The waste was shipped as non-hazardous.

e. Pursuant to 329 IAC 10-2-181, “storage” means the retention, containment, or accumulation of solid waste on a temporary basis in such a manner that it does not threaten or potentially threaten human health or impact or potentially impact the environment, for a period of more than twenty-four (24) hours, in such a manner as not to constitute disposal of the waste. It must be a rebuttable presumption that storage of waste for more than six (6) months constitutes disposal.

As noted during the inspections on July 19, 2018 and July 24, 2018, Respondent stored approximately sixty seven (67) containers, ranging in size from 5-gallons to 55-gallons, and approximately three hundred (300) 55-gallon drums of aluminum and steel dust/fines, and twenty-five (25) boxes and two (2) 275-gallon totes containing dust collector filters for greater than six (6) months and did not rebut the presumption that the storage constituted disposal.

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. In the future, Respondent shall ensure that a waste determination is provided for all waste generated at the Site.

4. In the future, Respondent shall ensure that the aluminum and steel dust/fines and dust collector filters and any other containers of waste are not being stored and/or disposed at the Site in a manner which creates a threat to human health or the environment.

5. In the future, Respondent shall ensure that that all waste generated at the Site is dispose of at a permitted waste management facility.

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 and agrees to pay a civil penalty of Eleven Thousand Two Hundred Fifty Dollars ($11,250.00). 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”.

8. 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

9. 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 8, above.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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: _________________________
	Linda L. McClure, Chief
	Land 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:
				Signed January 14, 2020
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality