STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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COUNTY OF MARION |
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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. 2019-26115-H |
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VALEO NORTH AMERICA, 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.
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 Valeo North America, Inc. which owns and/or operates
the facility with EPA ID No. IND089273338, located at
1231 North A Avenue, Seymour, Jackson 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:
Valeo North America,
Inc. |
C T Corporation
System |
Attn: Francoise
Colpron, President |
Registered Agent for |
150 Stephenson
Highway |
Valeo North
America, Inc. |
Troy, MI 48083 |
150 West Market
Street, Suite 800 |
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Indianapolis, IN
46204 |
5.
Respondent
notified EPA of large quantity generator activities.
6.
Respondent
owns and/or operates a facility that manufactures automotive lighting systems.
Thermoplastic material is piped to press machine molds to make lighting
fixtures. Respondent also conducts painting
and coating operations, which generates most of the hazardous waste at the facility.
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 March 25, 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 an inspection conducted on
March 25, 2019, Respondent did not make a hazardous waste determination on
solid waste generated by Respondent. The IDEM inspector identified containers requiring
a waste determination in the 90-day storage area, chemical room, and south
chemical room:
•
Pallet
of used paint,
•
Three
(3) containers of Agitene,
•
One (1) 5-gallon plastic
container without a label,
•
Fourteen (14) 5-gallon steel containers of Red Spot,
•
Four
(4) 5-gallon containers of UV gloss,
•
Two
(2) 55-gallon drums of butyl acetate, and
•
Brown liquid and solid material observed
in the 90-day storage area containment pit
b. Pursuant to IC 13-30-2-1(10), 40 CFR 270.l(c), and 40 CFR 262.34(b), a person may not commence or engage in
the operation of a hazardous waste facility without having first obtained a
permit from the department. A permit is required for the treatment, storage and
disposal of any hazardous waste as identified
or listed in 40 CFR Part 261. A generator who accumulates hazardous waste for more than 90 days is an operator of a storage
facility and is subject tthe requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part
270 unless he has been granted an extension
to the 90 day period.
As noted during an
inspection conducted on March 25, 2019, Respondent operated as a hazardous waste facility by storing hazardous waste for more than
ninety (90) days. Two (2) containers of "Waste Special Black" epoxy
were dated August 26, 2016 and three (3) containers of Agitene were stored
beyond ninety (90) days.
c.
Pursuant to 40 CFR 262.34(a)(l)(i) referencing 40 CFR 265.171,
if a container holding hazardous waste is not in good condition, or
if it begins to leak, the generator must transfer
the hazardous waste
from this container to a container that is in good condition.
As noted during an inspection conducted on March
25, 2019, Respondent stored hazardous waste in containers that were not in good
condition. One (1) unlabeled container of Agitene had a cracked/deteriorated lid.
d.
Pursuant to 40 CFR 262.34(a)(l)(i) 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
an inspection conducted
on March 25, 2019, Respondent failed to maintain adequate aisle space necessary to conduct
weekly inspections of containers located in the 90-day storage area.
e.
Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 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
an inspection on conducted on March 25, 2019, Respondent failed to store containers in a manner
where the date when the accumulation
began was clearly marked and visible for inspection. The three (3) Agitene
containers were not marked with the accumulation start date.
f.
Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous
waste on-site for 90 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 an inspection conducted on
March 25, 2019, Respondent did not label or clearly mark hazardous waste
containers with the words "Hazardous Waste." Two (2)
containers of Agitene were incorrectly marked as non hazardous waste and one
(1) container was missing a label.
g.
Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31,
facilities must be maintained and operated to minimize the possibility of a fire,
explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could
threaten human health or the environment.
As noted during
an inspection conducted on March 25, 2019, Respondent failed to maintain and operate the facility in a manner
that minimized the risk of harm
to human health and the environment. A damaged container that spilled when
moved was observed in the 90-day storage
area. In addition,
the 90-day storage area containment pit contained a brown liquid
and solid materials. A portion of the aerosol cans were documented as
punctured without using a device that captures residual or propellant.
h.
Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35,
a generator must maintain aisle space to allow the
unobstructed movement of personnel, fire protection, equipment, spill control
equipment, and decontamination equipment to any area of facility operation in an emergency.
As noted during an inspection conducted
on March 25, 2019, Respondent failed to maintain adequate
aisle space necessary
to visually inspect
containers located in the
90-day storage area.
I. 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
an inspection conducted on March 25, 2019, Respondent failed to complete hazardous waste training required to be
conducted on an annual basis. RCRA training last occurred in June of 2017. In
addition, the job descriptions did not adequately list the hazardous waste training required
for the position, or the
hazardous waste duties associated with each
position.
J. Pursuant to 40 CFR 262.34(c)(l), a
generator may accumulate as much as 55 gallons of hazardous waste or one quart
of acutely hazardous waste in containers at or near any point of generation (in a satellite
container), and under the control of the operator of the
process generating the waste.
As noted during an inspection conducted on
March 25, 2019, Respondent had one (1) 55-gallon satellite container of Argent Paint Waste in an area where the process was discontinued. The Argent
process has been out of operation for over a year.
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 waive 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 rules listed in the findings
of fact above.
Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR Respondent shall determine if the following waste/material observed in the 90- day
storage area, chemical
room, and south chemical room are hazardous wastes:
•
Pallet
of used paint,
•
Three
(3) containers of Agitene,
•
One
(1) 5-gallon plastic container without a label,
•
Fourteen
(14) 5-gallon steel containers of Red Spot,
•
Four
(4) 5-gallon containers ofUV gloss, and
•
Two
(2) 55-gallon drums of butyl acetate
•
Brown liquid
and solid material
observed in the 90-day storage
area containment pit
Documentation confirming
the disposition of the waste
must be submitted to IDEM for
review. The documentation shall include
all manifests and/or
shipping documents, one time land ban notifications for
hazardous waste, and analytical results from samples collected. A summary or
explanation must be provided for knowledge-based waste determinations.
3.
Within thirty
(30) days of the Effective Date, Respondent shall
comply with IC 13-30-2-
1(10), 40 CFR 270.l(c), and 40 CFR 262.34(b). Respondent shall remove and
properly dispose of all hazardous waste stored beyond ninety (90) days. Two (2)
containers of "Waste Special Black" epoxy were dated August 26, 2016
and three (3) containers of Agitene, were stored for more than ninety (90)
days. Disposal documentation shall be submitted to IDEM within fifteen (15)
days of disposal.
4.
Upon
the Effective Date, Respondent shall comply with 40 CFR262.34(a)(l)(i)
referencing 265.171. Respondent shall ensure that containers holding
hazardous waste are in
good condition. Hazardous waste in damaged
or leaking containers shall be transferred to a container in good
condition.
5.
Upon
the Effective Date, Respondent shall comply with 40 CFR262.34(a)(l)(i) referencing
40 CFR 265.174 and 40 CFR 262.34(a)(4) referencing 40 CFR 265.35. Specifically, Respondent shall ensure adequate aisle space necessary to conduct weekly inspections in the 90-day storage
area is maintained.
6.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.34(a)(2).
Respondent shall ensure
all hazardous waste accumulated at the facility is marked with the accumulation start date.
7.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.34(a)(3).
Respondent shall ensure
all hazardous waste
accumulated at the facility is clearly marked with the words "Hazardous Waste."
8.
Upon the Effective Date,
Respondent shall comply
with 40 CFR 262.34(a)(4) referencing 40 CFR 265.31. Respondent shall immediately cease puncturing aerosol
cans without the proper equipment necessary to capture
residual or propellant.
9.
Within thirty
(30) days of the Effective Date, Respondent
shall submit a plan for proper
management of aerosol cans.
10.
If the waste determination required in Order 3 determines the liquid and/or
solid material in the 90-day
storage area containment pit is a hazardous waste, then Respondent shall,
within sixty (60) days of the Effective
Date of this Agreed Order,
decontaminate the 90- day
storage are containment pit, hereinafter referred
to as "the pit", as follows:
a.
remove
all wastes from the pit and appropriately dispose;
b.
mechanically clean
the pit by scraping, sweeping, or other method, to remove all physical contamination;
c.
inspect
the pit for cracks. If cracks are detected, perform Item j. at this point;
d.
wash the pit with a high pressure steam cleaner with detergent or appropriate
solvent to remove the previously stored waste
materials;
e.
rinse
the pit three (3) times with water;
f.
collect
the third (final) rinsate separately and analyze two (2) samples to show that
the pit's surface meets the cleanup levels. For inorganic and certain organic
parameters, the cleanup levels of the rinsate will be based on the Maximum
Contaminant Levels (MCLs)
of the National
Primary Drinking Water Regulations
(40 CFR 141). For the organic parameters without MCLs, the cleanup
levels of the rinsate will be based on the analytical methods'
Estimated Quantitation Limits (EQLs), as defined in SW-846. The analytical parameters will be based
on wastes previously stored
on the pit;
g.
the decontamination procedure shall be repeated until the cleanup
levels are met;
h.
ensure that care is taken to prevent migration of cleaning liquids
from the pit area;
I. collect and dispose of all residues
and rinsates as hazardous waste
unless the residues and rinsates are analyzed and determined to be non-hazardous;
J. sample the soil underlying any cracks
found in the inspection to check for contamination. If no contamination is
found, seal the cracks and proceed
with Items d. through i. above;
k.
if contamination is found, submit
a hazardous waste closure plan within sixty (60) days to IDEM for approval for the
container storage area in accordance with the provisions of 40 CFR 264 Subpart
G, as incorporated by 329 IAC 3.1-9-1;
1.
upon notice of approval
of the closure plan by IDEM, implement
the approved plan in accordance with the time frames contained
therein.
11.
Within fifteen
(15) days of completing the decontamination procedure required in Order 11, Respondent shall submit
documentation to IDEM, including sample results, which demonstrates
decontamination has been completed. Analytical results submitted to IDEM for review shall
include signed chain-of-custody sheets, sampling dates, analysis
dates, analytical methods used, MCLs, EQLs and quality control results. The
quality assurance/quality control (QA/QC)
results shall include
initial and continuing calibration results, blank results,
matrix duplicates, and matrix spike/matrix spike duplicate results.
12.
In
the event IDEM determines that any plan submitted by Respondent is deficient or
otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM
in accordance with IDEM's
notice. After three (3) submissions of such plan by Respondent, IDEM may modify and approve any such plan and Respondent must implement the plan
as modified by IDEM. The approved plan shall be incorporated into this Agreed
Order and shall be deemed an enforceable part
thereof.
13.
In
addition, a management plan outlining how waste in the containment pit will be
addressed in the future
shall be submitted
within sixty (60) days of the Effective Date.
14.
Within
thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR
262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c). Specifically,
Respondent shall complete the required
hazardous waste training
and submit documentation of completion to
IDEM for review. The training documentation shall include: the type of training
received, date of training, the name of the employee, and the employee's job description and
job duties.
15.
Within
thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR
262.34(c)(1). Specifically, the drum located
in the Argent process area shall be removed
and properly disposed. Disposal documentation shall be submitted to IDEM.
16.
All submittals required by this Agreed Order,
unless IDEM notifies
the Respondent otherwise in
writing, shall be sent to:
Amy
Elliott, Enforcement Case Manager |
Office
of Land Quality |
Indiana Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-225l |
17.
Pursuant to IC 13-30-4-1, Respondent is assessed
and agrees to pay a civil penalty
of nine thousand dollars
($9,000.00). Said penalty amount shall
be due and payable to the
"Environmental Management Special
Fund" within thirty
(30) days of the Effective Date; the thirtieth day being the "Due Date."
18.
In
the event the terms and conditions of the following paragraphs are violated,
Complainant may assess and Respondent shall pay stipulated penalties in the following
amounts:
Paragraph |
Stipulated Penalty |
Order
paragraph #3 |
$100
per month late |
Order
paragraph #4 |
$100
per month late |
Order
paragraph #10 |
$100
per month late |
Order
paragraph #11 |
$100
per month late |
Order
paragraph #13 |
$100
per month late |
Order
paragraph #14 |
$100
per month late |
Order
paragraph #15 |
$100
per month late |
Order
paragraph #16 |
$100
per month late |
19.
Stipulated
penalties shall be due and payable no later than the thirtieth day after
Respondent receives written
notice that Complainant has determined a stipulated penalty is due; the thirtieth 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 a 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.
20.
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 |
21.
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 21, above.
22.
Signatories
to this Agreed Order certify that they are fully authorized to execute this
Agreed Order and legally bind the party they represent.
23.
.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.
24.
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.
25.
Respondent
shall ensure that all contractors, firms, and other persons performing work
under this Agreed Order comply with the terms of this Agreed Order.
26.
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.
27.
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.
28.
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.
29.
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.
30.
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.
31.
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:
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By: _________________________ |
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Linda L.
McClure, Chief |
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Land
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 |
________________________, |
20__. |
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For the Commissioner: |
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Signed on 2/18/2020 |
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Peggy Dorsey,
Assistant Commissioner |
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Office of Land
Quality |
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