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. 2023-29527-H
					)
Lambert Metal Finishing, Inc.,					)
					)
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 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 Lambert Metal Finishing, Inc. (“Respondent”), which operates the company with United States Environmental Protection Agency (“EPA”) ID No. INR000153502, located at 6912 Derek Drive, 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 via certified mail to:

Chad Lambert, President and Registered Agent

Lambert Metal Finishing, Inc.

6912 Derek Drive

Fort Wayne, IN 46803

5. Respondent notified EPA of Large Quantity Generator activities and obtained EPA ID No. INR000153502 on June 21, 2023.

6. The facility specializes in aluminum anodizing, sand blasting services, and tumbling services.

7. 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.

8. During an investigation including an inspection on June 20, 2023, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.13, a generator must determine its generator category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month.

As noted during the inspection, Respondent failed to properly determine its generator category. Respondent incorrectly determined its generator status as a Very Small Quantity Generator (“VSQG”) formerly called a Conditionally Exempt Small Quantity Generator (“CESQG”) in 2021, 2022, and for approximately the first 6 months of 2023.

b. Pursuant to 329 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 the Commissioner of

large quantity generator activities. Specifically, Respondent operated as a large

quantity generator of hazardous waste in 2021, 2022, and for approximately the first 6

months of 2023 without proper notification.

c. Pursuant to IC 13-22-4-3.1(c), a hazardous waste large quantity generator (LQG), i.e., a person that generates, in any one or more calendar months of a calendar year:

a) more than one thousand (1,000) kilograms of hazardous waste;

b) at least one (1) kilogram of acute hazardous waste; or

c) at least one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department either the biennial report concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, that summarizes the person's hazardous waste shipments during the previous calendar year. LQGs are required to submit the Hazardous Waste Biennial Report by March 1 of each even numbered year and the IDEM annual manifest report by March 1 of each odd numbered year.

As noted during the inspection, Respondent operated in 2021 and 2022 as a LQG and did not submit the required biennial or annual report in 2022 or 2023.

d. Pursuant to 40 CFR 262.17(a), a large quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA, provided that all the conditions of 262.17 are met.

As noted during the inspection, Respondent stored hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270.

Specifically, Respondent stored two (2) 55-gallon drums and one (1) 275-gallon IBC container containing (D002) hazardous waste with dates going back to July 25, 2022, well past the 90-day time frame.

e. Pursuant to IC 13-30-2-1(10), a person may not engage in the operation of a hazardous waste facility without having first obtained a permit from the department.

Pursuant to 40 CFR 270.1(c), RCRA requires a permit for the treatment, storage, or

disposal of any hazardous waste as identified or listed in 40 CFR part 261.

As noted during the inspection, Respondent operated a hazardous waste facility without having first obtained a permit from the department. Specifically,

Respondent stored hazardous waste on-site for greater than 90 days.

f. Pursuant to 40 CFR 262.17(a)(1)(v), at least weekly, the large quantity generator must inspect central accumulation areas. The large quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors.

As noted during the inspection, Respondent failed to conduct weekly inspections of central accumulation areas.

g. Pursuant to 40 CFR 262.17(a)(5)(i)(A), a large quantity generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container is labeled or marked clearly with the words “Hazardous Waste.”

As noted during the inspection, one (1) 275-gallon tote and one (1) 55- drum of hazardous waste (D002) were not marked with the words “Hazardous Waste.”

h. Pursuant to 40 CFR 262.17(a)(5)(i)(B), a large quantity generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container is labeled or marked with an indication of the hazards of the contents.

As noted during the inspection, Respondent accumulated two (2) 275-gallon IBCs and two (2) 55-gallon hazardous waste (D002, strike and strip) on-site, and did not label or clearly mark containers with an indication of the hazards of the contents.

i. 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, two (2) 275-gallon totes and one (1) 55-gallon drum containing hazardous waste (D002) were being stored without the accumulation start date.

j. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.255, the large quantity 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 the facility operation in an emergency, unless aisle space is not needed for these purposes.

At the time of the inspection, IDEM staff identified a block of 55-gallon drums and

ICB containers containing hazardous spent nickel strike, nickel strip and nickel \

solution (D002). These 55-gallon drums and ICB containers are located in the 90-day

storage area. There was not adequate aisle space maintained in this area to provide

unobstructed movement or to conduct a proper inspection of the middle rows.

k. Pursuant to 40 CFR 262.17(a)(6) referencing 262.256(a), a large quantity generator must attempt to make arrangements with local emergency authorities to familiarize them with the facility.

As noted during the inspection, an attempt to make arrangements with local authorities regarding hazardous waste types and quantities was not made.

l. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.261, the content of the contingency plan must include the following: a description of appropriate actions, arrangements with local emergency response teams, contact information for the emergency coordinators, emergency equipment, and an evacuation plan.

As noted during the inspection, Respondent's contingency plan did not include all of the required information.

m. 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:

a) The types/names of hazardous wastes in layman’s terms and the associated hazard associated with each hazardous waste present at any one time.

b) The estimated maximum amount of each hazardous waste that may be present at any one time.

c) The identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff.

d) A map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes.

e) 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.

f) The locations of water supply.

g) The identification of on-site notification systems; and

h) 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 had not developed a Quick Reference Guide as required.

n. Pursuant to 40 CFR 262.17(a)(7)(i), (ii), and (iii), facility personnel must complete a program of classroom instruction, online training, 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 the inspection, Respondent failed to develop and implement a

personnel training program.

o. Pursuant to 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a), with the initial shipment of waste to each treatment, storage, or disposal facility, a generator must send a one-time written notice to each facility receiving the waste and place a copy in the file.

As noted during the inspection, Respondent failed to provide the one-time written notice and place a copy in the file. Specifically, land ban notification forms were not provided for hazardous waste streams.

p. 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 offered hazardous waste for transportation for offsite treatment, storage, or disposal without preparing a correct manifest. Specifically, Respondent did not use an EPA ID# in Box 1 of the hazardous waste manifests, instead used “INCESQG” in Box 1 while operating as a Large Quantity Generator in 2021, 2022, and 2023.

q. Pursuant to 329 IAC 3.1-1-13, the commissioner shall require the use of identification numbers issued by the United States Environmental Protection Agency.

As noted during the inspection, Respondent failed to list the facility’s EPA ID# in Box 1 on manifests.

r. Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.

As noted during the inspection, Respondent failed to list the facility’s EPA ID number on hazardous waste manifests which is required.

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 of the Agreed Order, Respondent shall comply with 40 CFR 262.13. Specifically, Respondent shall determine their generator category monthly.

4. Within thirty (30) days of the Effective Date, Respondent shall submit the annual report for 2022. The Annual Report for 2022 hazardous waste activity must be submitted electronically via the Annual Report module in RCRAinfo. Instructions can be found here: https://www.in.gov/idem/waste/resources/annual-report-and-biennial-report/. RCRAinfo may be accessed at: https://rcrainfo.epa.gov/rcrainfoprod/action/secured/login.

5. Within thirty (30) days of the Effective Date, Respondent shall submit the biennial report for 2021. Obtain the forms from the contact listed below.

Matt Peterschmidt

Indiana Department of Environmental Management

Data Management Section

100 North Senate Avenue

Indianapolis, Indiana 46204-2251

(317) 233-8901 | mpetersc@idem.IN.gov

6. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a), IC 13-30-2-1(10), and 40 CFR 270.1(c). Specifically, Respondent shall not accumulate hazardous waste for more than 90 days unless an extension has been granted to the timeframe for as long as it remains a large quantity generator of hazardous waste.

7. Within ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(1)(v). Specifically, Respondent shall immediately begin conducting weekly inspections of the central accumulation areas.

8. Within ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(A). Specifically, Respondent shall mark or label all hazardous waste containers with the words “Hazardous Waste.”

9. Within ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B). Specifically, Respondent shall mark or label all hazardous waste containers with the indication of the hazards of the contents.

10. Within ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(C). Specifically, Respondent shall mark or label all hazardous waste containers with the accumulation start date.

11. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.255. Specifically, Respondent shall provide adequate aisle space in the 90-day storage area.

12. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.256(a). Specifically, Respondent shall attempt to make arrangements with local emergency authorities to familiarize them with the types and quantities of hazardous waste handled at the facility. Respondent shall submit documentation of attempts to make arrangements with local authorities to IDEM.

13. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.261. Specifically, Respondent shall submit an updated contingency plan including evacuation maps and quick reference guide to IDEM.

14. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.262(b). Specifically, Respondent shall create a quick reference guide (“QRG”). A copy of the QRG shall be submitted to all emergency responders and IDEM.

15. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7)(i), (ii),(iii), and (iv). Specifically, Respondent shall create and maintain a personnel training program. Respondent shall submit documentation of employees’ completion of hazardous waste management personnel training to IDEM.

16. Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a). Specifically, Respondent shall submit a LDR notification forms for hazardous waste streams to IDEM.

17. Upon the Effective Date, Respondent shall comply with 40 CFR 262.20. Specifically, Respondent shall ensure that hazardous waste manifests are fully filled out and contain accurate information. Specifically, Respondent shall utilize the assigned EPA identification number in Item #1 of the hazardous waste manifest for as long as Respondent remains an LQG.

18. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically, Respondent shall properly manifest hazardous waste prior to shipment utilizing hazardous waste transporters and treatment, storage, and disposal facilities with an EPA identification number.

19. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Lucas Kroening, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

20. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty Thousand Six Hundred Dollars ($20,600). After this Agreed Order is adopted (signed by the Assistant Commissioner of the Office of Land Quality), Respondent shall pay by the due date printed on the Invoice that will be attached to the adopted Agreed Order.

Civil and stipulated penalties are payable to the “Indiana Department of Environmental Management” by:

Mail:

Civil penalties are payable by check to the “Indiana Department of Environmental Management.” Checks shall include the Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management

Accounts Receivable

P.O. Box 3295

Indianapolis, IN 46206

Online:

Accounts Receivable is accepting payments online by e-Check, Master Card, Visa or Discover. Please visit www.in.gov/idem. Under Online Services, click Online Payment options and follow the prompts. A processing fee of $0.40 plus 2.06% will be charged for credit card payments.  A processing fee of $0.15 will be charged for eCheck payments.

The Case Number is required to complete the process.

Phone:

You may also call us at 317-234-3099 and follow the instructions for Master Card, Visa or Discover payments. A processing fee of $0.40 plus 2.06% will be charged for credit card payments.  A processing fee of $0.15 will be charged for eCheck payments.

The Case Number is required to complete the process.

21. 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 #4	$100 per week
Order paragraph #5	$100 per week
Order paragraph #6	$100 per week
Order paragraph #7	$100 per week
Order paragraph #8	$100 per week
Order paragraph #9	$100 per week
Order paragraph #10	$100 per week
Order paragraph #11	$100 per week
Order paragraph #12	$100 per week
Order paragraph #13	$100 per week
Order paragraph #14	$100 per week
Order paragraph #15	$100 per week
Order paragraph #16	$100 per week

22. Stipulated penalties shall be due and payable after Respondent receives written notice that Complainant has determined a stipulated penalty is due; at which time, a separate invoice will be issued. 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.

23. 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 an additional penalty of 10 percent, payable to “Indiana Department of Environmental Management,” and shall be payable to IDEM in the manner specified in Paragraph 23, above.

24. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

25. 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.

26. 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.

27. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

28. 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.

29. 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.

30. 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.

31. 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.

32. 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[s] may incur as a result of such communications with the U.S. EPA or any other agency or entity.

33. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By:				By:
	Jennifer Reno, Chief			Printed:
	Land Enforcement Section			Title:
	Compliance Branch
	Office of Land Quality
Date:	11/8/2023			Date:
				COUNSEL FOR RESPONDENT:
				By:
				Printed:
				Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		22	DAY OF		January	, 2024_____
				For the Commissioner:
				Signed on 1/22/24
				Peggy Dorsey
				Assistant Commissioner
				Office of Land Quality