STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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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. 2019-26832-H |
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EIG AS, LLC
(formerly ECP AMERICAN |
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STEEL, LLC
dba AMERICAN WIRE ROPE |
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&
SLING), |
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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 EIG AS, LLC (formerly ECP American
Steel, LLC dba American Wire Rope & Sling) (“Respondent”), which operated
the company with United States Environmental Protection Agency (“EPA”) ID No.
INR000147587, located at 3122 Engle Road, in Fort Wayne, Allen 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”) on February 24, 2020 via Certified Mail to:
Anthony
Zirille, Registered Agent for |
EIG
AS, LLC (formerly ECP American Steel, LLC dba American Wire Rope & Sling) |
127
West Berry Street, Suite 300 |
Fort
Wayne, Indiana 46802 |
5.
Respondent manufactured rigging, slings, ropes,
and overhead cranes.
6.
During
an investigation including an inspection on July 15, 2019 conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant
to 329 Indiana Administrative Code (“IAC”) 3.1-1-10, every hazardous waste
generator, transporter, or owner or operator of a hazardous waste facility
shall notify the commissioner of its hazardous waste activity on the approved
forms.
As noted
during the inspection, Respondent failed to notify IDEM on approved forms and
obtain an EPA ID number prior to disposal of approximately 4,166 pounds of
hazardous waste in 2018 from a clean-out event conducted to maintain good
housekeeping.
On March 2,
2020, Respondent obtained an EPA ID number.
b.
Pursuant to IC 13-22-4-3.1(b), a hazardous
waste small quantity generator (SQG), i.e., a person that:
(1)
Generates, in any one or more calendar months
of a calendar year:
a.
more than one hundred (100) kilograms but less
than one thousand (1,000) kilograms of hazardous waste;
b.
less than one (1) kilogram of acute hazardous
waste; or
c.
less than one hundred (100) kilograms of
material from the cleanup spillage of acute hazardous waste; or
(2)
accumulates at least one thousand (1,000)
kilograms of hazardous waste or less than one (1) kilogram of acute hazardous
waste shall, before March 1 of each year, submit to the department on forms
provided by the department, a report that summarizes the persons’ hazardous
waste shipments during the previous calendar year.
As noted
during the inspection, Respondent failed to submit an annual manifest report
summarizing that approximately 4,166 pounds (1,889 kilograms) of accumulated hazardous
waste was shipped for disposal in January 2018.
On March 2,
2020, Respondent submitted the annual manifest report for 2018.
7.
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.
Immediately upon the Effective Date, Respondent
shall comply with 329 IAC 3.1.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise
in writing, shall be sent to:
Jodi
Pisula, Enforcement Case Manager |
Office
of Land Quality |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Six Thousand Dollars ($6,000.00).
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.”
5.
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 #2 |
$100.00 per
week |
6.
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.
7.
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 |
8.
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 7, above.
9.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
10.
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.
11.
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.
12.
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.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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: _________________________ |
By:
_________________________ |
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Jennifer
Reno, Chief |
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Land
Enforcement Section |
Printed: Anthony M. Zirille |
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Compliance
Branch |
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Office of Land Quality |
Title:
_Chief Legal Officer |
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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 |
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For the Commissioner: |
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Signed April 9, 2020 |
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Peggy Dorsey, Assistant Commissioner |
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Office of Land Quality |
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