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. 2014-22741-H
					)	2014-22742-H, and
					)	2015-22898-H
					)
					)
TRADEBE TREATMENT AND RECYCLING, LLC,					)
					)
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 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 ("Site 1").

3. Respondent last notified IDEM of its hazardous waste activities at Site 1 on February 26, 2007.

4. 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.

5. Respondent also operates a transfer facility known as Tradebe Environmental Services, LLC, located at 1125 East 145^th Street in East Chicago, Lake County, Indiana (“Site 2”). The property is owned by Powerhouse, Inc.

6. Per 329 IAC 3.1-8-4, Respondent submitted a Transfer Facility Notification letter to IDEM for Site 2 on June 20, 2014.

7. IDEM has jurisdiction over the parties and the subject matter of this action.

8. Pursuant to IC 13-30-3-3, on January 21, 2015, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:

Tita LaGrimas	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

9. 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.

10. During an investigation, including an inspection on October 15, 2014, conducted by a representative of IDEM, the following Count 1 and Count 2 violations were found:

Count 1 -- Case No. 2014-22741-H (Site 1)

a. Pursuant to 40 CFR 262.20, a generator who transports, or offers for transportation, hazardous waste for off-site 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 transported hazardous waste and/or offered hazardous waste for transportation for off-site treatment, storage, or disposal without preparing manifests. One (1) roll-off holding contaminated soils, Box #736, and two (2) containers of lead aprons, destined to be recycled but mixed into a non-hazardous solids processing roll-off, were sent to a non-hazardous landfill for disposal on a Non-Hazardous Special Waste Manifests. Additionally, Respondent offered for transport two (2) roll-offs of hazardous waste (contaminated soils) to Site 2, its transfer facility, using bills-of-lading rather than hazardous waste manifests.

b. 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. One (1) roll-off holding contaminated soils, Box #736, and two (2) containers of lead aprons, destined to be recycled but mixed into a non-hazardous solids processing roll-off, were sent to a non-hazardous landfill for disposal on a Non-Hazardous Special Waste Manifests. Additionally, Respondent allowed the transportation of two (2) roll-offs of hazardous waste (contaminated soils) to Site 2, its transfer facility, using bills-of-lading rather than hazardous waste manifests.

c. Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

As noted during the investigation, Respondent offered its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. One (1) roll-off holding contaminated soils, Box #736, and two (2) containers of lead aprons, destined to be recycled but mixed into a non-hazardous solids processing roll-off, were sent to a non-hazardous landfill for disposal. This facility is for disposal of non-hazardous waste only. Additionally, Respondent offered two (2) roll-offs of hazardous waste (contaminated soils) to Site 2, its transfer facility, and stored the waste for greater than ten (10) days. This facility is not a permitted hazardous waste facility.

d. Pursuant to 40 CFR 268.7, a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed. With the initial shipment of waste to each treatment, storage, or disposal facility, a generator must send a one-time written notice to each facility receiving the waste and place a copy in the file.

As noted during the investigation, Respondent did not determine if hazardous waste was restricted from land disposal and if the waste had to be treated before land disposal. Additionally, Respondent did not send a one-time written notice to the receiving facilities or place a copy in the file. One (1) roll-off holding contaminated soils, Box #736, and two (2) containers of lead aprons, destined to be recycled but mixed into a non-hazardous solids processing roll-off, were sent to a non-hazardous landfill for disposal without the required Land Ban Restriction (LDR) forms. Additionally, Respondent shipped two (2) roll-offs of hazardous waste (contaminated soils) to Site 2, its transfer facility, without the required LDR form.

Count 2 -- Case No. 2014-22742-H (Site 2)

a. Pursuant to 40 CFR 263.12, a transporter who stores manifested hazardous waste at a transfer facility for greater than ten (10) days is subject to regulation under 40 CFR 270, 40 CFR 264, 40 CFR 265, and 40 CFR 268 with respect to the storage of those wastes.

As noted during the investigation, Respondent accepted waste (which should have been manifested) from off-site during transportation and stored the hazardous wastes for greater than ten (10) days at the Site, thereby subjecting the facility to the applicable requirements of 40 CFR 270, 40 CFR 264, 40 CFR 265, and 40 CFR 268.

b. 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 investigation, Respondent operated a hazardous waste facility at Site 2 without having first obtained a permit from the department. On July 11, 2014, Respondent offered two (2) roll-offs of hazardous waste from Site 1 to a transporter for delivery to Site 2 where the waste was stored for a period of greater than ten (10) days.

11. Respondent notified IDEM of these events.

12. Respondent waives the issuance of a Notice of Violation and the settlement period of sixty (60) days as provided for by IC 13-30-3-3 for the following violations found in Count 3 below.

Count 3 -- Case No. 2015-22898-H

a. 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 in the March 17, 2015 U.S. EPA, Region V referral, Respondent accepted and treated hazardous waste identified or listed in 40 CFR Part 261 at Site 1. Respondent processed four (4) fifty-five (55) gallon containers with a weight of eight hundred pounds of hazardous waste through the Solid Waste Processing tanks at Site 1. The hazardous waste was received from Bodine Environmental Services (acting on behalf of AZZ Galvanizing) with paperwork (e.g., waste profile and shipping document) identifying the hazardous waste as “Non-RCRA & Non-Regulated” by U.S. EPA and U.S. DOT (Filters, zinc ammonium chloride). The Solid Waste Processing tanks are not permitted to treat hazardous waste.

b. Pursuant to Solid Waste Facility Permit FP 45-47, Condition C6., no hazardous waste as defined in 329 IAC 3.1 shall be accepted for non-hazardous solidification processing at this facility. The permittee shall assure that all incoming waste is accompanied by the proper documentation. Any waste labeling which is not consistent with the documentation must be corrected after consultation and written or stored electronic clarification from the generator or be refused and returned to the generator. The permittee shall maintain the documentation and any clarification on-site and make it available to IDEM upon request.

As noted in the March 17, 2015 U.S. EPA, Region V referral, on February 12, 2013, Respondent processed eight hundred pounds of hazardous waste through the Solid Waste Processing tanks at Site 1. The hazardous waste was received from Bodine Environmental Services (acting on behalf of AZZ Galvanizing) with paperwork identifying the hazardous waste as “Non-RCRA & Non-Regulated” by U.S. EPA and U.S. DOT (Filters, zinc ammonium chloride). Respondent’s Solid Waste Facility Permit FP 45-47 states that no hazardous waste shall be accepted for non-hazardous solidification. The hazardous waste was solidified with sawdust, mixed with other non-hazardous waste, and transported to a non-hazardous landfill on outbound manifest number 011059799 JJK. Respondent states that prior to sending the treated waste off-site on February 18, 2013, it was tested for free liquids via the paint filter test.

Respondent states that it had not been told that the containers of waste should be held, nor informed that a sample had been taken to characterize the waste stream by the controlling parties of the waste stream. Respondent also states that since it had not been apprised by Bodine Environmental Services that the waste was hazardous, Respondent unknowingly diluted the waste’s TCLP value to a probability level that made the waste going to River Bend non-hazardous.

13. Respondent notified IDEM of these events.

14. 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 statutes listed in the findings here and/or above at issue.

3. Within thirty (30) days of the Effective Date, Respondent shall submit to IDEM the actions taken by Respondent to minimize the possibility of the violations cited above from happening again. The actions shall include, at a minimum, the establishment of written procedures and a refresher-training program for employees with duties in the areas at both Site 1 and Site 2 where the above noted violations occurred. The training shall provide a review of procedures and practices established by Respondent to minimize a recurrence and shall include a review of the violations noted in this enforcement action, a discussion as to what happened, the importance and reasons for RCRA cradle to grave requirements, as well as the consequences resulting because of the violations.

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

Linda McClure, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

5. Respondent is assessed and agrees to pay a civil penalty of Fifty-Seven Thousand Dollars ($57,000). 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.”

6. 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. 3

$1,000 per week

7. 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.

8. 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, Indiana 46204

9. 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 5, above.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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 August 17, 2015 **
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality