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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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Case No. 2020-26899-H |
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Eurofins Food Chemistry Testing US 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 Eurofins Food Chemistry Testing
US Inc. (“Respondent”), which owns/operates the facility with United States
Environmental Protection Agency (“EPA”) ID No. INR 000145839, located at 671 S.
Meridian Rd. Building 255, in Greenfield, 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 to:
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Eurofins
Food Company Testing US Inc |
Cogency
Global Inc. Registered |
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Attn:
Heather Cunningham |
Agent
for |
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671
S, Meridian Rd. Bld. 255 |
Eurofins
Food Chemistry Testing |
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Greenfield,
IN 46140 |
Madison, Inc. |
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9221Crawfordsville
Rd |
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Indianapolis,
IN 46234 |
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Eurofins
Food Chemistry Testing |
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Madison,
Inc. dba Eurofins Food |
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Chemistry
Testing US Inc. |
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3301
Kinsman Blvd. |
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Madison,
WI 53704 |
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5.
Respondent notified EPA of Large Quantity
Generator activities.
6.
Respondents
business is a human and animal feed analysis laboratory which performs various
analytical tests on food items for their clients.
329 Indiana Administrative Code (“IAC”)
3.1 incorporates 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 an inspection on February 11, 2020 conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant
to 40 CFR 262.17(a)(6) referencing 40 CFR 262.251(b)(8)(i),
a large quantity generator must maintain and operate the facility 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 the inspection,
Respondent failed to properly manage one (1) 55 gallon
container located in Room 152 to minimize a release to the environment. Specifically, the 55 gallon
container had a corroded flat bottom metal funnel. The shape of metal funnel
did not efficiently drain hazardous waste liquid into the 55
gallon container as evidenced by spills into the secondary containment and
spills on the floor. The transfer of hazardous waste from a smaller container
into the 55 gallon container was witnessed during the
inspection.
Respondent has
purchased a new safety drum funnel. A
picture of the funnel was submitted in the response dated June 26, 2020.
Respondent has implemented preventive measures to prevent spills outside the
secondary containment area. This will be field verified.
b. Pursuant to 40 CFR 262.17(a)(5)(i)(C), a large quantity 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 the inspection,
Respondent accumulated hazardous waste on-site, without a permit, and did not
mark hazardous waste containers with accumulation start dates. Specifically, the following containers:
1.
One
(1), 55 gallon steel container (D001, D002, F003)
located in Room 152.
2.
Two
(2), 55 gallon fiber containers (D001, D002. F003)
located in Building 220/Lab 130.
3.
Two
(2), 55 gallon fiber containers (D001, F003, F005)
located in Building 220/Lab 220.
4.
Two
(2), 55 gallon fiber containers (D001, F003, F005) and
2, 15 gallon fiber containers located in Lab 210.
Respondent
provided pictures of the containers properly labeled in their response dated
June 26, 2020. This will be field
verified.
c. Pursuant
to 40 CFR 262.17(a)(6) referecning 40 CFR 262.260, a large quantity generator
must have a contingency plan for the facility. The contingency plan must be
designed to minimize hazards to human health or the environment from fires,
explosions, or any unplanned sudden or non-sudden release of hazardous waste or
hazardous waste constituents to air, soil, or surface water.
As noted during the inspection, Respondnet did have a draft emergency
action plan. The draft plan did not include the site address, site map, list of
all emergency equipment, evacuation meeting areas and other required
contingency plan contents. The draft
plan was prepared for the Madison, Wisconsin facility and contained majority of
Madison’s information.
d.
Pursuant
to 40 CFR 262.17(a)(6) referencing 40 CFR 262.262(b), a large quantity generator that first becomes subject to
these provisions after May 30, 2017 or a large quantity generator that is
otherwise amending its contingency plan must at that time submit a quick
reference guide of the contingency plan to the local emergency responders
identified at paragraph (a) of this section or, as appropriate, the Local
Emergency Planning Committee. The quick reference guide must include:
(1)
The
types/names of hazardous wastes in layman’s terms and the associated hazard
associated with each hazardous waste present at any one time.
(2)
The
estimated maximum amount of each hazardous waste that may be present at any one
time.
(3)
The
identification of any hazardous wastes where exposure would require unique or
special treatment by medical or hospital staff.
(4)
A
map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these
wastes.
(5)
A
street map of the facility in relation to surrounding businesses, schools,
residential areas to understand how best to get to the facility and also evacuate citizens and workers.
(6)
The
locations of water supply.
(7)
The
identification of on-site notification systems; and
(8)
The
name of the emergency coordinator(s) and 7/24-hour emergency telephone
number(s) or, in the case of a facility where an emergency coordinator is
continuously on duty, the emergency telephone number for the emergency
coordinator.
As noted during the inspection,
Respondent did not have a contingency plan quick reference guide developed.
Respondnet submitted a copy of the contingency plan “Emergency Action
Plan” and quick refeence guide in their submittal dated June 26, 2020.
e.
Pursuant
to 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(a), the large quantity
generator must attempt to make arrangements with the local police department,
fire department, other emergency response teams, emergency response
contractors, equipment suppliers, and local hospitals, taking into account the
types and quantities of hazardous wastes handled at the facility. Arrangements
may be made with the Local Emergency Planning Committee, if
it is determined to be the appropriate organization with which to make
arrangements.
Respondent has
not attempted to make arrangements with the
appropriate emergency responders.
f.
Pursuant
to 40 CFR 262.17(a)(6) and 40 CFR 262.256(b), the large quantity generator
shall maintain records documenting the arrangements with the local fire
department as well as any other organization necessary to respond to an
emergency. This documentation must include documentation in the operating
record that either confirms such arrangements actively exist or, in cases where
no arrangements exist, confirms that attempts to make such arrangements were
made.
Respondent did
not maintain records documenting the arrangements with the local fire
department as well as any other organizations necessary to respond to an
emergency.
In the submittal dated June 26, 2020, Respondent provided documentation
of arrangements made with the appropriate emergency responders.
g.
Pursuant to 40
CFR 262.17(a)(7)(A), facility personnel must successfully complete the program
required in paragraph (a)(7)(i) of this section within six months after the
date of their employment or assignment to the facility, or to a new position at
the facility, whichever is later. Employees must not work in unsupervised
positions until they have completed the training standards of paragraph
(a)(7)(i) of this section.
(B) This program must be directed by a person
trained in hazardous waste management procedures, and
must include instruction which teaches facility personnel hazardous waste
management procedures (including contingency plan implementation) relevant to
the positions in which they are employed.
(C) At a minimum, the training program must
be designed to ensure that facility personnel are able to respond effectively
to emergencies by familiarizing them with emergency procedures, emergency
equipment, and emergency systems, including where applicable.
(D) For facility employees that receive
emergency response training pursuant to Occupational Safety and Health
Administration regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the large
quantity generator is not required to provide separate emergency response
training pursuant to this section, provided that the overall facility training
meets all the conditions of exemption in this section.
As
noted during the inspection, Respondents training program in place did not
instruct employees to perform hazardous waste management duties relevant to
their duties, which was evident from current hazardous waste management
activities.
Training records were submitted on June
26, 2020.
h.
Pursuant
to 40 CFR 262.17(a)(7)(iv), 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. Specifically,
Respondents job descriptions for each position did not address all of the hazardous waste management
duties/responsibilities conducted at the facility.
The
generators job descriptions did not discuss manifesting duties, packaging
duties, marking, labeling, handling and management of container duties, and
emergency coordinator duties. Training records for Heather Cunningham, Ben
Abel, Tim McIntyre, Elijah Parmer, and Angela Deane were requested. Heather
Cunningham, Angela Deane, and Elijah Parmer’s positions, as
Analytical Chemists’, job description mentioned “May handle hazardous
materials” as the only hazardous waste duty.
Training
records were submitted on June 26, 2020.
i.
Pursuant to 40
CFR 262.15(a)(4), a container holding hazardous waste must be closed at all
times during accumulation, except: when adding, removing, or consolidating
waste; or when temporary venting of a container is necessary for the proper
operation of equipment, or to prevent dangerous situations, such as build-up of
extreme pressure.
As noted during the inspection, Respondnet had 4, ½ gallon satellite
containers (D001, D002, F003) located in Building 220/Lab 220 stored open when
not adding, removing or consolidating waste.
This violation was corrected during the inspection.
j. Pursuant
to 40 CFR 262.15(a)(5)(i), a generator must mark or label its satellite hazardous
waste containers with the words “Hazardous Waste”.
As noted during the inspection,
Respondent did not properly mark satellite accumulation containers with the
words “Hazardous Waste”. Specifically, the following:
1. Two (2), 7.5 liter
containers (D001, D002, F003) located in Building 220/Lab 130 B. The containers were labeled during the
inspection.
2. Two (2), 7.5 liter
containers (D001, D002, F003) located in Building 220/Lab 130. The containers
were labeled during the inspection.
3. Fifteen (15), 7.5
liter containers (D001, F003, F005) and four (4) ½ gallon plastic
containers (D001, F003, F005) located in Building 220/Lab 220.
4. Two (2), 7.5 liter
containers (D001, D002, F003) stored full located in Building 220/Lab 220.
5. Ten (10), 7.5 liter
containers (D001, F003, F005) located in Lab 210.
k.
Pursuant
to 40 CFR 262.15(a)(5)(ii), a generator must mark or label its (satellite)
containers with an indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste characteristic(s) (i.e.,
ignitable, corrosive, reactive, toxic); hazard communication consistent with
the Department of Transportation requirements at 49 CFR part 172 subpart E
(labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the Occupational Safety and Health Administration Hazard
Communication Standard at 29 CFR 1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704).
1. Two (2), 7.5 liter
containers (D001, D002, F003) located in Building 220/Lab 130 B. The containers
were labeled during the inspection.
2. Two (2), 7.5 liter
containers (D001, D002, F003) located in Building 220/Lab 130. The containers were labeled during the
inspection.
3. Fifteen (15), 7.5
liter containers (D001, F003, F005) and four (4) ½ gallon plastic
containers (D001, F003, F005) located in Building 220/Lab 220.
4. Two (2), 7.5 liter
containers (D001, D002, F003) stored full located in Building 220/Lab 220.
5. Ten (10), 7.5 liter
containers (D001, F003, F005) located in Lab 210.
Respondent provided employees training
on the management of satellite accumulation containers. This will be field verified.
l.
Pursuant
to 40 CFR 262.15(a)(8), all satellite accumulation areas operated by a large
quantity generator must meet the Preparedness, Prevention and Emergency
Procedures in subpart M of this part.
As noted during the inspection,
Respondent did not comply with subpart M.
Specifically, Respondent’s satellite accumulation areas did not meet requirements
for purpose and implementation of contingency plan and arrangements with the
local authorities.
Respondnet submitted a copy of the contingency plan “Emergency Action
Plan” and quick refeence guide in the submittal dated June 26, 2020.
m. Pursuant
to 40 CFR 262.15(a)(6), a generator who accumulates either acute hazardous
waste listed in §261.31 or §261.33(e) of this chapter or non-acute hazardous
waste in excess of the amounts listed in paragraph (a) of this section at or
near any point of generation must do the following:
(i) Comply within three consecutive calendar days with the
applicable central accumulation area regulations in §262.16(b) or §262.17(a),
or
(ii)
Remove the excess from the satellite accumulation area within three consecutive
calendar days to either:
(A) A central
accumulation area operated in accordance with the applicable regulations in
§262.16(b) or §262.17(a);
(B) An on-site
interim status or permitted treatment, storage, or disposal facility, or
(C) An off-site
designated facility; and
(iii) During the
three-consecutive-calendar-day period the generator must continue to comply
with paragraphs (a)(1) through (5) of this section. The generator must mark or
label the container(s) holding the excess accumulation of hazardous waste with
the date the excess amount began accumulating.
As
noted during the inspection, Respondent stored two (2) 7.5
liter containers (D001, D002, F003) full without accumulation dates that
was in excess of the allotted 55 gallons in a satellite accumulation area. This
was corrected during the inspection.
8.
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.
Respondent has submitted to IDEM preventive
measures that will be implemented to minimize releases/spills when adding
hazardous waste to the accumulation drum located in Room 152. The plan included
that releases/spills will be responded to within 24 hours. This will be field verified.
4.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(C). Specifically, Respondent shall ensure all less than
ninety (90) day hazardous waste containers are marked clearly marked with the
start of accumulation dates and visible for inspection on each container.
5.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(4).
Specifically, ensure satellite container holding hazardous waste are closed at
all times during accumulation, except: when adding,
removing, or consolidating waste.
6.
Upon
the Effective Date, Respondent shall complay with 40 CFR 262.15(a)(5)(i). Specifically, Respondent shall ensure satellite
hazardous waste containers are marked or labeled with the words “Hazardous
Waste”.
7.
Upon
the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(ii).
Specifically, Respondent shall ensure (satellite) containers are marked or
labeled with an indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste characteristic(s) (i.e.,
ignitable, corrosive, reactive, toxic).
8. Upon the
Effective Date, respondent shall comply with 40 CFR 262.15(a)(6). Specifically, Respondent shall ensure to remove
the excess of 55 gallons from the satellite accumulation areas within three
consecutive calendar days to either:
(A) A central
accumulation area operated in accordance with the applicable regulations in
§262.16(b) or §262.17(a);
(B) An on-site
interim status or permitted treatment, storage, or disposal facility, or
(C) An off-site
designated facility; and
(iii) During the
three-consecutive-calendar-day period the generator must continue to comply
with paragraphs (a)(1) through (5) of this section. The generator must mark or
label the container(s) holding the excess accumulation of hazardous waste with
the date the excess amount began accumulating.
9.
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 |
10.
Pursuant
to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty-Eight
Thousand Dollars ($28,000). 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.”
11.
Civil
penalty is 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 |
12.
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 11, above.
13.
Signatories
to this Agreed Order certify that they are fully authorized to execute this
Agreed Order and legally bind the party they represent.
14.
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.
15.
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.
16.
Respondent
shall ensure that all contractors, firms, and other persons performing work
under this Agreed Order comply with the terms of this Agreed Order.
17.
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.
18.
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.
19.
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.
20.
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.
21.
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.
22.
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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Jennifer
Reno, Section Chief |
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Enforcement
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Printed: ______________________ |
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Office of
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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
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20__. |
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For the Commissioner: |
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Signed 09/21/2020 By |
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Peggy Dorsey, Assistant Commissioner |
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Office of Land Quality |
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