On September 27, 2004, Region 5 filed a combination Complaint/Consent Agreement and Final Order simultaneously initiating and resolving an administrative compliance action against PAR Services Company (PAR) of Fort Wayne, Indiana. The Region alleged that PAR transported hazardous waste without an identification number, and accepted hazardous waste for transport without hazardous waste manifests, as required under the Resource Conservation and Recovery Act (RCRA), and RCRA regulations promulgated at 329 IAC 3.1-8-1 and 8-2 [40 CFR 263.11, 263.20(a) and 263.22(a)]. The determination of violations in this case is based on information provided by PAR, 3M Company of Cordova, Illinois, and information developed in the Region�s related case against Milsolv Minnesota Corporation.
As part of development of the Milsolv case, the Region (with assistance from NEIC) determined that the hazardous waste at issue was not a byproduct, but a spent material that has been used and as a result of being used has become contaminated by physical or chemical impurities that could no longer serve the purpose for which it was produced, was a characteristic hazardous waste. The Region�s determination was upheld by the June 11, 2004, decision by Administrative Law Judge Charneski.
PAR, 3M and Milsolv have all argued that the waste was not hazardous, and PAR denies that an identification number or manifests were required. 3M no longer generates the waste at issue, and PAR no longer arranges f