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. 2014-22499-H
					)
Bee environmental management, 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 Bee Environmental Management, Inc. (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (EPA) ID No. INR000124537, located at 688 Tower Road, in Plainfield, Hendricks 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) via Certified Mail to:

Ms. M. Susan Cloe, President	Ms. M. Susan Cloe, Registered Agent
Bee Environmental Management, Inc.	Bee Environmental Management, Inc.
5760 Mongan Lane	688 Tower Road
Plainfield, IN 46168	Plainfield, IN 46168

5. Respondent notified as a Hazardous Waste Transporter, Transfer Facility, Recycler, Conditionally Exempt Small Quantity Hazardous Waste Generator (CESQG) and Used Oil Transporter, Processor and Marketer on July 23, 2008.

6. Respondent transported and accepted 2 semi-trailers from My Way Trading, Inc. dba Diversified Green Solutions (MWT/DGS) in Richmond, Indiana. The semi-trailers contained small containers of unused automobile related fluids. One semi-trailer was shipped on April 23, 2014 and the other semi-trailer was shipped on April 24, 2014. Both trailers were shipped on a nonhazardous waste manifest.

The material in the trailers were originally intended to be shipped from Multi-Pack Atlanta to Quality Farms in Ohio for a beneficial reuse/continued application however the trailers were diverted to MWT/DGS on September 20, 2013. No documentation was available demonstrating a known market for the material to meet the terms of an exclusion or exemption as a solid waste according to 329 IAC 3.1-6-2(2). Material Safety Data Sheets (MSDS) did indicate that some of the unused material was characteristic for ignitability (D001). The trailers were shipped to Respondent to be bulked.

MWT/DGS sent Respondent a hazardous waste manifest on May 20, 2014 instructing Respondent to sign the generator/offeror signature on the hazardous waste manifest on behalf of MWT/DGS. The waste was transported to Tier Environmental on May 21, 2014. The hazmat bill of lading identifies Respondent as the shipper. The hazardous waste manifest identifies Multi-Pack Atlanta as the generator and Tier Environmental as the designated facility. The hazardous waste manifest indicated the material was 4,675 gallons of waste flammable liquids (petroleum distillates, 2-butoxyethanol) with the ignitable characteristic code of D001 and the remainder was 1,045 gallons of non-regulated, mineral oil.

With the assistance of the Ohio EPA, IDEM received a copy of the hazardous waste manifest with the designated facilities signature. Tier Environmental noted a discrepancy that indicates 523 gallons of the non-regulated mineral spirits was actually a regulated D002 corrosive hazardous waste with a pH of 1. IDEM also received the approved waste profiles, 28147 and 28146 with Generator Certifications dated April 4 and 8, 2014 respectively, identifying Multi-Pack Atlanta as the generator, Ron Chloe, Respondent employee, as the generator’s contact, and 3-D Materials Management as the billing recipient. The waste profile approval number 28147 confirmed that the material was determined hazardous waste prior to being transported and accepted by Respondent.

7. Respondent has an onsite non-hazardous solvent distillation unit.

8. 329 IAC 3.1 incorporates certain federal hazardous waste management requirements found in 40 CFR Parts 260 through 270, and Part 273 including these identified below.

9. During an investigation including an inspection on June 16, 2014 and a record review conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous.

As noted during the inspection, Respondent did not make a hazardous waste determination on the distillation unit still bottoms, which were solid wastes generated by Respondent.

Respondent submitted a lab analysis dated June 26, 2014 for the still bottoms. The results indicated the still bottoms contained 630 ppm total lead.

b. Pursuant to 40 CFR 273.13(d)(1), a small quantity handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

As noted during the inspection, universal waste is accumulated onsite near Door 4. Containers of fluorescent bulbs were stored open and not properly containerized. The bulbs were transferred to a more appropriate container during the inspection. This violation was corrected.

c. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.”

As noted during the inspection, Respondent did not label used oil containers with the words “Used Oil.” Specifically, one (1) fifty-five (55) gallon drum used to consolidate used oil from the sample jars (Door 6), one (1) five (5) gallon container on the racks used to collect used oil which drips from a hose coupling (Door 5) and two (2) fifty-five (55) gallon drums of used oil contaminated with Freon (Door 2).

All the containers were properly labeled during the inspection except the two (2) fifty-five (55) gallon containers were transferred to the bulk used oil tank shortly after the inspection. This violation was corrected.

d. Pursuant to 40 CFR 263.20(a)(1), a transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest signed in accordance with the requirements of § 262.20.

As noted during the inspection and record review, Respondent accepted two semi-trailers of various unused automobile fluids from MWY/DGS which were bulked then transported to the designated facility on a hazardous waste manifest. The hazardous waste manifest indicated the material was 4,675 gallons of waste flammable liquids (petroleum distillates, 2-butoxyethanol) with the ignitable characteristic code of D001 and the remainder was 1,045 gallons of non-regulated, mineral oil. The designated facility noted a discrepancy that indicates 523 gallons of the non-regulated mineral spirits was actually a regulated D002 corrosive hazardous waste with a pH of 1.

e. 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 investigation, Respondent caused or allowed the transportation of a hazardous waste without a manifest as required by law. Respondent removed two semi-trailers of wastes as non-hazardous non-regulated wastes from MWT/DGS on April 23 and 24, 2014. Some of the contents were later determined to be hazardous wastes D001/D002.

f. 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 and record review, Respondent failed to notify the Commissioner of hazardous waste storage activities. Specifically, Respondent did not notify IDEM when the D001 and D002 hazardous waste from MWT/DGS was accepted by Respondent and stored onsite from April 23, 2014 to May 21, 2014.

g. Pursuant to 40 CFR 270.1(c), a permit is required for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.

As noted during the inspection and record review, Respondent stored hazardous waste identified or listed in 40 CFR Part 261 without a permit. Specifically, Respondent stored D001 and D002 hazardous waste from MWT/DGS onsite from April 23, 2014 to May 21, 2014.

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

As noted during the inspection, Respondent operated a hazardous waste storage facility without having first obtained a permit from the department. Specifically, Respondent stored D001 and D002 hazardous waste from MWT/DGS onsite from April 23, 2014 to May 21, 2014.

i. Pursuant to 40 CFR 264.1, owners and operators of all facilities which treat, store, or dispose of hazardous waste shall comply with the applicable requirements of 40 CFR 264.

As noted during the investigation, Respondent failed to comply with the requirements of 40 CFR 264 while operating as a hazardous waste storage facility.

j. Pursuant to IC 13-30-2-1(11), no person shall deliver any hazardous waste to a hazardous waste facility that is not approved or does not hold a permit from IDEM.

As noted during the investigation, Respondent delivered hazardous waste to a facility that is not approved or does not hold a permit from IDEM. Specifically, Respondent transported hazardous waste to its unpermitted Site.

10. 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 statutes, rules, and/or permit conditions listed in the findings above.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent submitted to IDEM a waste determination for the distillation still bottoms. The lab analysis indicated the still bottoms had a total lead of 630 ppm. Based on this result the still bottoms are a characteristic hazardous waste for lead (D008).

4. Upon the Effective Date, Respondent shall ensure hazardous waste solvents are not being accepted into its nonhazardous solvent distillation unit. Submit to IDEM within thirty (30) days of the Effective Date Respondent’s procedures for ensuring that only nonhazardous solvent waste is being accepted and distilled onsite. This may include acceptance screening procedures and/or waste profiles prior to being accepted as a customer.

5. Upon the Effective Date, Respondent shall ensure future compliance with 40 CFR 273.13(d)(1). Specifically, Respondent shall store fluorescent bulbs in closed containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents.

6. Upon the Effective Date, Respondent shall ensure future compliance with 329 IAC 13-4-3(d). Specifically, Respondent must label all used oil containers and aboveground tanks with the words “Used Oil”.

7. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 263.20(a)(1). Specifically, Respondent shall not accept hazardous waste from a generator unless Respondent is provided a manifest signed in accordance with the requirements of 40 CFR 262.20.

8. Upon the Effective Date, Respondent shall not store hazardous waste onsite without complying with the applicable 40 CFR 264 and 40 CFR 270 requirements.

9. Upon the Effective Date, Respondent shall ensure compliance with IC 13-30-2-1(11). Specifically, Respondent shall ensure that it does not deliver any hazardous waste to a hazardous waste facility that is not approved or does not hold a permit from IDEM.

10. Upon the Effective Date, Respondent shall ensure compliance with IC 13-30-2-1(12). Specifically, Respondent shall ensure that it does not cause or allow the transportation of a hazardous waste without a manifest.

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

Christina Halloran, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

12. Respondent is assessed and agrees to pay a civil penalty of Ten Thousand Two Hundred Dollars ($10,200). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

13. 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:

Paragraph	Penalty
3	$500/week
4	$500/week

14. 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.

15. 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

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

16. 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 15, above.

17. 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 their status or responsibilities under this Agreed Order.

18. 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.

19. 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.

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

21. 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.

22. 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.

23. 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.

24. 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 10/26/2015 By:
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality