STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)CAUSE NO.1999-8428-H or H-13802
v. )
)
URSCHEL LABORATORIES, INC. )
)
Respondent. )
The Complainant and the 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. Respondent is entering into this Agreed Order solely for the
purposes of settling this enforcement action and to avoid ongoing litigation. 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. Nothing in this Agreed
Order shall be construed to be an admission that any violations occurred, pursuant to IC 13-30-3-
3.
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the
Indiana Department of Environmental Management, a department of the State of Indiana
created by IC 13-13-1-1.
2. Respondent is Urschel Laboratories, Inc. (hereinafter referred to as "Respondent"), which
is a company doing business at 2503 Calumet Avenue, Valparaiso, located in Porter
County, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over
the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Robert R. Urschel, President Mr. Robert R. Urschel, Registered Agent
Urschel Laboratories, Inc. for Urschel Laboratories, Inc.
2503 Calumet Avenue 2104 William Drive
Valparaiso, IN 46383 Valparaiso, IN 46383
5. Respondent manufactures food processing equipment. The production of this equipment
involves metal working, a bronze foundry and investment casting. Respondent notified in
November, 1980, as a Large Quantity Generator (LQG) and operates under EPA ID# IND
005 068 747.
6. Based upon investigations of Respondent's facility on June 15, 1999, and August 26,
1999, by the Office of Land Quality (hereinafter referred to as "OLQ") of IDEM, IDEM
contends that the following violations were in existence or observed at the time of the
inspection:
a. Pursuant to 40 CFR 262.11 and 40 CFR 268.7(a), a generator of solid waste must
determine if that waste is hazardous and if the waste has to be treated before being
land disposed. Based upon information gathered by IDEM, Respondent failed to
make proper hazardous waste determination on the following waste streams:
1) Filters for cutting fluids;
2) Blanchard grinding swarf;
3) Abrasive blasting cyclone dust collector (bronze foundry dust);
4) Material cut off the saw cyclone dust collection unit (bronze dust);
5) South baghouse dust;
6) North baghouse dust;
7) Stainless steel baghouse cyclone dust collection unit;
8) Stainless steel abrasive clean-up cyclone dust collection unit;
9) Two (2) shot blast units located in the Stainless Steel Area;
10) Roto blast dust collector; and
11) Dip tank area cyclone (knife buffing).
Respondent has now made proper waste determinations on the above waste
streams, and Respondent is now handling them in accordance with the results
of the waste determinations.
b. Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an
EPA identification number. Based upon information gathered by IDEM,
Respondent offered hazardous waste to a landfill that did not have an EPA
identification number. Specifically, hazardous waste was shipped off-site to
Streeter LDS located in Illinois.
c. Pursuant to 329 IAC 3.1-7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12), a
generator who transports or offers for transportation, hazardous waste for off-site
treatment, storage, or disposal, must prepare a manifest. Based upon information
gathered by IDEM, Respondent sent hazardous waste off-site for disposal at
Streeter LDS, located in Illinois, without preparing a manifest.
d. Pursuant to 40 CFR 268.7(a)(4), a generator who sends hazardous waste off-site
must ensure that Land Disposal Restriction (LDR) notifications are fully filled out
and contain accurate information. Based upon information gathered by IDEM,
Respondent included the wrong manifest number on Pages 2 and 3 of the
following LDR forms: IL 7888925, IL 7888620, and IL 7888206. On January 27,
2000, Respondent submitted to IDEM the required LDR forms.
e. Pursuant to 40 CFR 262.34(a)(1(i) referencing 40 CFR 265.173(a), a container
holding hazardous waste must always be closed during storage, unless necessary
to add or remove waste. Based upon information gathered by IDEM, Respondent
failed to store four (4) 55-gallon drums of waste solvent located in the Oil Storage
Area closed.
This violation was corrected at the time of the 6/15/99 inspection.
f. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a-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 (6)
months after their date of hire and must take part in an annual review of the initial
training. Based upon information gathered by IDEM, Respondent failed to
provide facility personnel with on-the-job training specific to RCRA within the
required time frames. During the January 19, 2000 settlement conference,
Respondent submitted to IDEM copies of the required training records.
g. Pursuant to 40 CFR 268.7(a)(3)(i), if a generator determines that a waste meets
the treatment standard, the generator must send a one-time notification to each
treatment, storage, or disposal facility receiving the waste, and place a copy in the
file. Based upon information gathered by IDEM, Respondent shipped their
hazardous waste off-site without providing the treatment, storage, or disposal
facility with a Land Ban Notification.
h Pursuant to 40 CFR 268.3, a generator must not dilute a restricted waste as a
substitute for adequate treatment. Based upon information gathered by IDEM,
Respondent diluted their waste streams which obstructed the making of proper
hazardous waste determinations.
6. On January 19, 2000, the parties met to discuss the above allegations.
7. In recognition of the settlement reached, Respondent waives any right to administrative
and judicial review of this Agreed Order.
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the
Complainant or her delegate, and has been received by the Respondent. This Agreed
Order shall have no force or effect until the Effective Date.
2. In the future, Respondent shall ensure that proper hazardous waste determinations are
made on all solid waste generated at the facility pursuant to 40 CFR 262.11 and 40 CFR
268.7(a).
3. In the future, Respondent shall not offer hazardous waste to transporters or to treatment,
storage, or disposal facilities that have not received an EPA identification number
pursuant to 40 CFR 262.12(c).
4. In the future, Respondent shall not send hazardous waste off-site for disposal without
preparing a manifest pursuant to 329 IAC 3.1-7-3(a).
5. In the future, Respondent shall ensure that containers holding hazardous waste are stored
closed, except when it is necessary to add or remove waste pursuant to 40 CFR
265.173(a).
6. In the future, Respondent shall provide each treatment, storage, or disposal facility that
receives its hazardous waste with a Land Ban Notification and place a copy of the
notification in its file pursuant to 40 CFR 268.7(a)(3)(i).
7. In the future, Respondent shall ensure that restricted waste is not diluted to render it non-
hazardous pursuant to 40 CFR 268.3.
8. All submittals required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
Ms. Aubrey Sherif, Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
9. All submittals required by this Agreed Order shall contain the following certification"
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based upon
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
10. Respondent is assessed a civil penalty of Thirty Thousand, Nine Hundred Dollars
($30,900). Said penalty amount shall be due and payable to the Environmental
Management Special Fund within thirty (30) days of the Effective Date of this Agreed
Order.
11. Civil penalties are payable by check to the Environmental Management Special Fund.
Checks shall include the Cause Number of this action and shall be mailed to:
Cashier
IDEM
100 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060
12. In the event that the civil penalty required by paragraph 10 is not paid within thirty (30)
days of the Effective Date of this Agreed Order, Respondent shall pay interest on the
unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to
accrue until the civil penalty is paid in full.
13. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's
signatories to this Agreed Order certify that they are fully authorized to execute this
document and legally bind the parties they represent. No change in ownership, corporate,
or partnership status of the Respondent shall in any way alter its status or responsibilities
under this Agreed Order.
14. 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 the
Agreed Order did not contain the invalid terms.
15. The 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.
16. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter
to Respondent.
By:___________________________ By:____________________________
Nancy L. Johnston, Chief
Hazardous Waste Section Printed:________________________
Office of Enforcement
Title:__________________________
Date:_________________________ Date:__________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Office of Legal Counsel
Department of Environmental Management
Date:__________________________ Date:___________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS __________ DAY OF __________________, 2000.
For the Commissioner:
Signed March 3, 2000
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven