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. 2013-22050-H
					)
TRADEBE TREATMENT AND RECYCLING, 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 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 Indiana Code (“IC”) 13-13-1-1.

2. Respondent is Tradebe Treatment and Recycling, LLC, which owns and/or operates a facility with U.S. EPA I.D. number IND 000646943, located at 4343 Kennedy Avenue in East Chicago, Lake County, Indiana (the "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”) via Certified Mail to:

Tita LaGrimes	Becky Jo Morgan, Registered Agent
Tradebe Treatment and Recycling, LLC	Tradebe Treatment and Recycling, LLC
4343 Kennedy Avenue	1370 Deer Creek Dr.
East Chicago, IN 46312	Dyer, IN 46311

5. Respondent last notified IDEM of its hazardous waste activities on February 26, 2007.

6. Respondent has a RCRA permit which authorizes Respondent to conduct storage and treatment activities at this Site. The permit was issued on December 8, 2011, and expires on December 30, 2016. Various modifications have been made to the permit since its approval.

7. 329 Indiana Administrative Code (“IAC”) 3.1 incorporates certain 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 at the Site on November 5, 2013, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 264.171, 40 CFR 264.173(b), Permit Condition III-E.1(b), and Permit Attachment D-1-a2(C), a container holding hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak. All spilled and leaked materials will be handled in accordance with RCRA requirements and will be properly cleaned up.

As noted during the inspection, spillage from a roll-off of char (multi-coded) was observed in the South Leg. This was corrected during the inspection. Spillage from container handling around the hopper and drum tipper associated with the Hydro-pulper was observed in Area 3. Spilled/released material had built up on equipment, walls, and the floor. There was free liquid on the floor. Waste had not been immediately cleaned up after spilling/being released. Clean-up efforts began during the inspection.

b. Pursuant to 40 CFR 264.31 and Permit Condition II-A, facilities must be maintained and operated 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.

c. Pursuant to 40 CFR 264.16(c), Permit Condition II-F, and Permit Attachment H, facility personnel must take part in an annual review of initial training.

As noted during the inspection, the Receiving Clerks (e.g. Anna Grcich, James Howerton, Mari (Lopez) Plaza) had received initial RCRA/DOT-required training, but had not received RCRA-required annual reviews. The Receiving Clerks sign incoming manifests and perform other duties related to hazardous waste management. However, Respondent had not included Receiving Clerks in its permit.

d. Pursuant to 40 CFR 264.1056 and Permit Condition V-B, an owner or operator shall comply with all applicable requirements of 40 CFR 264, Subpart BB, regarding air emission standards for tanks and containers. Pursuant to 40 CFR 264.1056 (a)(1), each open-ended valve or line shall be equipped with a cap, blind flange, plug, or second valve and (a)(2), the cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring hazardous waste stream flow through the open-ended valve or line.

As noted during the inspection, open ended valves without a cap or other closure device were observed on the carbon systems on tanks #52, 53, and 54, as well as on the transfer pump in the NE corner of area 3. These violations were corrected during the inspection.

e. Pursuant to 40 CFR 264.175, Permit Condition III-F, and Permit Attachment D, which indicates the following at D-1b: Tradebe is operating eleven (11) container management storage areas that do not have a containment system as defined by 40 CFR 264.175(b) and are therefore used only for the storage of containers without free liquids per 40 CFR 264.175(c).

As noted during the inspection, liquid hazardous waste was stored in the following areas that are only permitted to store solids:

Area 7 Middle Room- A closed-top 55 gallon container marked “Flammable Liquids” and “Hazardous Waste” from the North Carolina Dept. of Agriculture, Confirmation # LP 0218130, received on Manifest # 011435192JJK, accepted at approximately 9:04 AM on 11/2/13, stored more than 72 hours and therefore should have been transferred to an area permitted for liquids;

Area 7 Flare Apron- Two closed-top 55 gallon containers, Container #6800482 and #6816437, stored more than 72 hours, and therefore should have been transferred to an area permitted for liquids;

Area 4 South Apron- A closed-top 55 gallon container marked “Liquid Isocyanate”, D001, Vinyl Toluene, dated 10/31/13; and

Area 5 “90-day area” (outside, N of depack building)- A closed-top 55 gallon container from off-site marked Ink Ethyl Alcohol, dated 7-15-13, D001/F003.

Respondent corrected the violation during the inspection. All of the above containers were moved during the inspection to permitted areas with secondary containment for liquids.

9. In recognition of the settlement reached, Respondent 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 rules and permit conditions listed in the findings here and/or above at issue.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 264.171, 40 CFR 264.173(b), Permit Condition III-E.1(b), and Permit Attachment D-1-a2(C). Specifically Respondent shall not open, handle, or store containers holding hazardous waste in a manner which may rupture the containers or cause them to leak. Respondent shall handle all spilled and leaked materials in accordance with RCRA requirements and shall properly clean them up.

4. Upon the Effective Date, Respondent shall comply with 40 CFR 264.31 and Permit Condition II-A. Specifically, Respondent shall 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.

5. Within thirty (30) days of the Effective Date, Respondent shall submit documentation, including photographs, to IDEM demonstrating cleanup around the hopper and drum tipper area associated with the Hydro-pulper in Area 3.

6. Within thirty (30) days of the Effective Date, Respondent shall provide all Receiving Clerks that manage hazardous waste with all applicable RCRA required training, including annual review training, pursuant to 40 CFR 264.16(c), Permit Condition II-F, and Permit Attachment H. Respondent shall provide IDEM with documentation of such within thirty five (35) days of the Effective Date.

7. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 264.1056 and Permit Condition V-B. Specifically, Respondent shall ensure compliance with all applicable requirements of 40 CFR 264, Subpart BB, regarding air emission standards for tanks and containers.

8. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 264.175, Permit Condition III-F, and Permit Attachment D, which indicates the following at D-1b: Tradebe is operating eleven (11) container management storage areas that do not have a containment system as defined by 40 CFR 264.175(b) and are therefore used only for the storage of containers without free liquids per 40 CFR 264.175(c). Specifically, Respondent shall ensure that it does not store liquid hazardous waste in areas that are only permitted to store solids.

9. Respondent shall submit a permit modification application to IDEM for approval if any Order requirement of this Agreed Order requires modification of its RCRA permit.

10. All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Brenda Lepter, Enforcement Case Manager

Office of Land Quality – Mail Code 60-02L

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

11. Respondent is assessed and agrees to pay a civil penalty of Nine Thousand Dollars ($9,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date.

12. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

Failure to comply with Order Paragraph No. 5	$500 per week

Failure to comply with Order Paragraph No. 6.	$500 per week

13. Stipulated penalties shall be due and payable no later than the 30^th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30^th 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 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.

14. 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

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

15. 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 14, above.

16. This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns. Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent. No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under 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. 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.

19. 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 its obligation to comply with the requirements of its applicable permits or any applicable Federal or State law or regulation.

20. 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.

21. 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 same violations specified in the NOV.

22. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the 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 EPA or any other agency or entity.

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

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management

By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________

Date: __________________				Date: _______________________


				COUNSEL FOR RESPONDENT:


				By: ________________________


				Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_____	DAY OF	________________________,	20__.

				For the Commissioner:

				Signed on June 16, 2014
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality