STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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Case No.
2014-22670-H, 2014-22672-H |
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Heritage-Crystal Clean, LLC , |
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Respondent. |
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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 owns and/or operates a company
with U.S. EPA I.D. number INR 000 006 536, located at 3970 West 10th
Street in Indianapolis, Marion County, Indiana (“Site 1”) known as Heritage
Crystal-Clean, LLC Indianapolis Re-refinery.
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. Catherine McCord |
CT
Corporation System |
Heritage
Crystal-Clean, LLC |
Re:
Heritage Crystal-Clean, LLC |
2175
Point Boulevard, Suite 375 |
150
West Market Street, Suite 800 |
Elgin,
IL 60123 |
Indianapolis,
IN 46204 |
5.
Respondent last notified for Site 1 on April
22, 2013, as a large quantity hazardous waste generator and a used oil
re-refinery and transporter. Other
activities include collection and distillation of non-hazardous parts washer
solvent and collection and handling of continued use parts washer solvent with
a flashpoint of less than 140 degrees.
The hazardous waste transfer activities have been
moved to its Raymond Street location in Indianapolis, Indiana.
6.
Respondent also operates a facility known as
Heritage-Crystal Clean, LLC-Wolf Lake located at 3200 Sheffield Avenue,
Hammond, Indiana (“Site 2”). The property is owned by Wolf Lake Terminal.
7.
Site 2 has not notified for hazardous waste
activities. Site 2 is
used for tank storage.
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 and record review on August 22 and 25, 2014 conducted by a
representative of IDEM, the following violations were found:
Count 1
Case No.
2014-22670-H
(Site 1)
a. 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. The generator must prepare the
manifest in accordance with the instructions in the appendix in 40 CFR 262.
As noted during the inspection,
Respondent did not prepare the manifest in accordance to the instructions in
the appendix in 40 CFR 262.
Specifically, Respondent accepted 45,840 pounds of D001, D039 hazardous
waste generated at Site 2 on a Bill of Lading.
Respondent then prepared a manifest (001821171) indicating Site 1 as the
generator of the hazardous waste in Item 5 even though the material was
generated at Site 2. Additionally,
manifest numbers 002120150, 002120118, 001821148 and 001821171 did not include
transporter names and identification numbers as required in Items 6 & 7 if
applicable. The total quantity of
hazardous waste, Item 11, was also not included on manifest numbers 001821148
and 001821171.
b. Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.16(a), (b), & (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 months after their date of hire and must take part
in an annual review of the initial training.
As noted during the inspection,
Respondent did not adequately train its employees in the hazardous waste
management requirements including but not limited to properly filling out a
uniform hazardous waste manifest prior to transport.
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 two (2) fifty-five gallon (55) containers of used oil with
the words “Used Oil.”
The containers were
properly labeled during the inspection.
d. 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,
Respondent stored hazardous waste identified or listed in 40 CFR Part 261
without a permit. Specifically,
Respondent accepted 45,840 pounds of D001, D039 hazardous waste on a Bill of
Lading from Site 2. Site 1 is not a
notified storage facility.
e. 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 facility without having first obtained a
permit from the department.
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,
Respondent failed to notify the Commissioner of hazardous waste storage activities.
Count 2
Case No.
2014-22672-H
(Site 2)
10. In recognition of the settlement reached,
Respondent waives any right to administrative and judicial review of this
Agreed Order.
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 investigation,
Respondent did not make a proper hazardous waste determination on waste, which
was a solid waste generated by Site 2.
b.
Pursuant to 329 IAC 3.1-1-10, every hazardous
waste generator, transporter, or owner or operator of a hazardous waste
facility must notify the Commissioner of its hazardous waste activities, and
obtain numbers issued by IDEM.
As noted during the investigation,
Respondent failed to notify the Commissioner of hazardous waste generator
activities. Specifically, Respondent
generated 45,840 pounds of D001/D039 hazardous waste at Site 2 without
notifying the Commissioner of hazardous waste generator activities.
c. Pursuant to 329 IAC 3.1-1-11(c), any
person who transports, or offers for transportation, a hazardous waste must
first obtain an identification number issued by the U.S. EPA.
As noted during the investigation,
Respondent failed to obtain an EPA identification number for Site 2 prior to
generating and offering for transport hazardous waste.
d. 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 investigation,
Respondent offered for transport hazardous
waste for offsite treatment, storage, or disposal without preparing a
manifest. Specifically, Site 2 generated
45,840 pounds of D001/D039 hazardous waste and allowed the transport to Site 1,
which is not a permitted treatment, storage disposal facility, without a
uniform hazardous waste manifest. Site 1
then prepared a uniform hazardous waste manifest (001821171) indicating it was
the generator even though the material was generated
at Site 2. The hazardous waste was transported to a permitted treatment, storage, disposal,
facility.
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.
Specifically, Site 2 generated 45,840 pounds of D001/D039 hazardous
waste and allowed it to be transported to Site 1, which
is not a permitted treatment, storage disposal facility, without a uniform
hazardous waste manifest. Site 1 then
prepared a uniform hazardous waste manifest (001821171) indicating it was the
generator even though the material was generated at
Site 2.
f. Pursuant to IC 13-30-2-1(11), no
person shall deliver any hazardous waste to a facility that does not have a
hazardous waste permit.
As noted during the investigation,
Respondent allowed the delivery of hazardous waste to a facility that does not
have a hazardous waste permit. Specifically, Site 2 generated 45,840 pounds of
D001/D039 hazardous waste and had it transported to Site 1, which is not a
permitted treatment, storage disposal facility, without a uniform hazardous
waste manifest. Site 1 then prepared a
uniform hazardous waste manifest (001821171) indicating it was the generator
even though the material was generated at Site 2.
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 262.20. Specifically,
Respondent shall ensure hazardous waste uniform manifests are prepared in
accordance with the instructions in the appendix in 40 CFR 262.
4.
Within thirty (30) days of the Effective
Date, Respondent shall submit to IDEM corrected copies of manifest 002120150,
002120118, 001821148, and 001821171. In
addition, Respondent shall submit corrected copies to the generator,
transporter and designated facility for their records.
5.
Within thirty (30) days of the Effective
Date, Respondent shall train employees at Site 1 who are responsible for
hazardous waste management requirements.
The training shall include, but not be limited to, properly filling out the
uniform hazardous waste manifest prior to transport. Within fifteen (15) days of completing the
required hazardous waste management training, Respondent shall submit to IDEM training
records and a description of the training completed.
6.
Upon the Effective Date, Respondent shall
ensure future compliance with 329 IAC 13-4-3(d). Specifically, Respondent shall ensure
containers of used oil are properly labeled “Used
Oil”.
7.
Upon the Effective Date, Respondent shall not
accept and store hazardous waste at Site 1 without first notifying the
Commissioner of hazardous waste activities which require a permit.
8.
Upon the Effective Date, Respondent shall
comply with 40 CFR 262.11. Specifically,
Respondent shall ensure a waste determination of solid waste is
made by the person generating the waste to determine if it is hazardous
waste.
9.
Upon the Effective Date, Respondent shall
ensure hazardous waste is transported accompanied with
a hazardous waste manifest when required.
10.
Within thirty (30) days of the Effective
Date, Respondent shall submit the information requested in the letter issued
October 3, 2014 to Site 1 from the Office of Land Quality Hazardous Waste
Section. In accordance with 329 IAC
3.1-6-2(2), Respondent must demonstrate that there is a known market or
disposition for the material and that they meet the terms of the exclusion or
exemption. In doing so, they must
provide appropriate documentation to demonstrate that the material is not a
waste or is exempt from regulation. An
example of appropriate documentation is a contract showing that a second person
uses the material as an ingredient in a production process. In addition, owners or operators of
facilities claiming that they actually are recycling materials must show they
have the necessary equipment to do so.
Specifically, IDEM is requesting information regarding continued use
solvents (106 degree solvent and odorless mineral spirits). The specific information requested is the
specific uses for the continued use material and a list of clients to which the
continued use material is conveyed.
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 Six Thousand Dollars ($6,000). Within thirty (30) days of the Effective
Date, Respondent shall pay a portion of this penalty in the amount of Twelve
Hundred Dollars ($1,200) to the Environmental Management Special Fund. In lieu of payment of the remaining civil
penalty, Respondent shall make a cash payment to the Indiana Finance Authority
("IFA") to fund a Supplemental Environmental Project
("SEP") of activities related to brownfield development at a
brownfield site ("Brownfield Site") in Indianapolis, Indiana. Respondent will make a payment in the amount
of Four Thousand Eight Hundred Dollars ($4,800) to fund SEP activities at the
Brownfield Site. Respondent shall make
such payment to the IFA within thirty (30) days of the Effective Date. Payment to the IFA satisfies Respondent's
obligation to undertake a SEP to offset a portion of the civil penalty assessed
in this matter. Implementation of this SEP will benefit the
community by rejuvenating neighborhoods, increasing the tax base, mitigating
threats to human health and the environment, and/or reducing blight. In the event that the civil penalty is not paid within thirty (30) days of the Effective Date,
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.
The Brownfield Site
at which some or all of the SEP proceeds will be spent will be determined by
the Brownfields Program for a site located in Indianapolis, Indiana.
The designation of this Brownfield Site to receive the SEP proceeds is agreed upon by the Complainant, Respondent, and the
IFA. The IFA will account for the SEP payment and the Brownfields Program
will oversee the work undertaken at the Brownfield Site funded by the SEP
proceeds. If SEP proceeds remain following a determination by the
Brownfields Program that no additional SEP proceeds are
needed at the Brownfield Site, the Brownfields Program will select
another site or sites in Indianapolis at which work will be funded with the
balance of the SEP proceeds. The IFA will notify IDEM's Enforcement Case
Manager when SEP-funded activities at the Brownfield Site (and any other site
at which activities may be funded with SEP proceeds)
are complete.
In the event that Respondent does not
make its SEP payment within thirty (30) days of the Effective Date, the full
amount of the civil penalty as stated in this paragraph, plus interest
established by IC 24-4.6-1-101 on the remaining amount, less the portion of the
civil penalty Respondent has already paid, will be due within fifteen (15) days
from Respondent's receipt of IDEM's notice to pay. Interest at the rate established by IC
24-4.6-1-101, shall be calculated on the amount due from the date which is
thirty (30) days after the Effective Date of this Agreed Order until the full
civil penalty is paid.
Payment of the SEP is payable by check
to the "Indiana Finance Authority."
The text "SEP- Indianapolis" and the Case Numbers of this
action shall be included in the memo line of the check. The check shall be mailed
to:
Meredith Gramelspacher |
Indiana Brownfields Program - SEP |
100 N. Senate Avenue |
Room 1275 |
Indianapolis, Indiana 46204 |
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 |
4 |
$200/wk |
5 |
$200/wk |
10 |
$200/wk |
14.
Stipulated penalties shall be due and payable
no later than the 30th day after Respondent receives written notice
that Complainant has determined a stipulated penalty is due; the 30th
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 46204-2251 |
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 its 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 its 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: |
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Department of Environmental
Management |
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By: _________________________ |
By:
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Nancy Johnston, Section Chief |
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Enforcement Section |
Printed: ______________________ |
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Office of Land Quality |
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Title: ________________________ |
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Date: __________________ |
Date: _______________________ |
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COUNSEL FOR INDIANA FINANCE |
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AUTHORITY: |
COUNSEL FOR RESPONDENT: |
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For the Indiana Brownfields Program |
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By:__________________________ |
By: ________________________ |
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Director & General Counsel |
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Date:________________________ |
Date: ______________________ |
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COUNSEL &/OR AUTHORIZED |
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REPRESENTATIVE: |
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For the City of Indianapolis |
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By:________________________ |
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Date:_______________________ |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS |
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DAY
OF |
________________________, |
20__. |
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For the
Commissioner: |
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Signed
04/22/2015 By: |
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Bruce H Palin |
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Assistant
Commissioner |
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Office of
Land Quality |
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