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. 2016-23520-H
					)	2016-23521-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 is Tradebe Treatment and Recycling, LLC (“Respondent”), 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. Respondent last notified IDEM of its hazardous waste activities on February 28, 2014.

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

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

6. 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.

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 on May 12, 2015 and September 29, 2015, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. As noted during the September 29, 2015 inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not mark a hazardous waste container with an accumulation start date. Specifically, one (1) 20-yard roll-off container (SDS 017) located on the South Apron was not marked with an accumulation start date.

b. Pursuant to 40 CFR 273.33(d)(1) and 329 IAC 3.1-16-2(5), a large 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. A large quantity handler of universal waste shall not intentionally break or crush universal waste lamps. As noted during the September 29, 2015 inspection, in Building 6, spent fluorescent light bulbs were found extending above an open cardboard box. The cardboard box was closed by the Respondent in a manner resulting in the fluorescent light bulbs being broken.

c. Pursuant to 40 CFR 264.171, Permit Condition III-C, and Permit Attachment D-1-a(2)C, if a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this part. As noted during the May 12, 2015 and September 29, 2015 inspections, Respondent stored twelve (12) containers in five (5) separate container storage areas that were not in good condition. Two (2) containers were found leaking during the May 12, 2015 inspection: roll-off container (959) was leaking from a door seal and a Tradebe vacuum truck was leaking from the rear four-inch ball valve.

d. Pursuant to 40 CFR 264.173, Permit Condition III-E(1)(a), and Permit Attachment D-1a(2)E, a container holding hazardous waste must always be sealed [closed] during storage, except when it is necessary to add or remove waste.

As noted during the May 12, 2015 and September 29, 2015 inspections, Respondent stored three (3) containers that were not closed. Specifically, one (1) 20-yard roll-off container (Box 959) on the South Apron Truck Dock and two (2) 55-gallon drums (D001152282 and D001207582) in Area 6 were not closed.

Drum # D001207582 was closed during the September 29, 2015 inspection.

e. Pursuant to Permit Condition III(2)(a), containerized hazardous waste either being transferred from one permitted unit to another (such as from container storage to tank storage) or being removed from one permitted unit followed by replacement back into that same unit shall remain outside of permitted units only for the minimum time necessary to either transfer the containers to a different storage unit or to remove the containers, perform the activities that required the staging to occur, and return the containers to a permitted storage unit. In no instance shall this time period exceed eight (8) hours. The containers will be managed with the applicable conditions in Permit Attachment D. As noted during the May 12, 2015 and September 29, 2015 inspections, Respondent stored thirty-seven (37) hazardous waste containers with free liquids for longer than eight (8) hours in four (4) separate container storage areas permitted for solids only (per Permit Attachment Table D-1). Containers D000666367 and D000921218 were stored for one hundred and twenty (120) days in Area 7 North Apron.

f. 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 May 12, 2015 and September 29, 2015 inspections, Respondent stored thirty-seven (37) hazardous waste containers with free liquids in four (4) separate container storage areas permitted for solids only (per Permit Attachment Table D-1). Containers D000666367 and D000921218 were stored for one hundred and twenty (120) days in Area 7 North Apron.

g. Pursuant to Permit Condition III-2(b), the Permittee shall ensure that transport vehicles loaded with non-processed hazardous waste for shipment off-site leave the facility (or contiguous property controlled by permittee) within 24-hours of the time the hazardous waste is first moved out of the permitted storage areas for loading onto the transport vehicle. If the shipment is cancelled, the waste must be placed back into permitted storage within the original 24-hour period. The Permittee will document the time the first container is placed into an outbound trailer. The document identifying the time will be attached to a copy of the outbound manifest and placed inside the loaded trailer. As noted during the September 29, 2015 inspection and Site personnel, Respondent loaded two (2) outbound trailers (U46965 and PC1034) with hazardous waste and then stored the two (2) trailers outside of permitted storage for longer than 24-hours. Respondent was not able to supply an “Outbound Trailer Log” indicating how long the two (2) trailers had been loaded.

h. Pursuant to Permit Condition III-2(d), incoming hazardous waste from an off-site generator shall be placed in permitted units within seventy-two (72) hours, not including non-operating days, of entering the facility boundary (or contiguous property controlled by the permittee) unless the permittee rejects all or part of an incoming shipment. In the case of rejected loads the permittee shall have an additional sixty (60) days to ship the waste off-site to an alternate TSDF or the generator, in accordance with the requirements of 40 CFR 264.72. During this timeframe, the Permittee must ensure that the rejected load is maintained in a secure location and clearly labeled. An operating day is any 24-hour period during which at least a partial shift is worked by employees who process, treat, or place into storage hazardous waste at the facility. As noted during the September 29, 2015 inspection and Confirmation Log #1001732, Respondent unloaded and placed ninety-five (95) containers of hazardous and non-hazardous waste on the receiving dock of Area 7 A-1 for greater than seventy-two (72) hours, without accepting or rejecting the containers.

i. Pursuant to 40 CFR 268.50 and Permit Condition II-Q(4), an owner/operator of a treatment, storage or disposal facility may store hazardous waste for greater than one (1) year if it can be proven such storage was solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, and disposal. As noted during the September 29, 2015 inspection, Respondent stored six (6) containers of hazardous waste for greater than one (1) year. Specifically, containers D000409898, D000409896, D000409900, D000409999 [dated August 5, 2014], D000426222 [dated August 13, 2014], and D000409897 [dated August 15, 2014].

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. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(a)(2). Specifically, Respondent shall ensure that hazardous waste containers are marked with the Accumulation Start Date.

3. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 273.33(d)(1) and 329 IAC 3.1-16-2(5). Specifically, Respondent shall ensure that Universal Waste containers of fluorescent bulbs are stored closed and handled in a manner to prevent breakage.

4. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 264.171, Permit Condition III-C, and Permit Attachment D-1-a(2)C. Specifically, Respondent shall ensure that a container holding hazardous waste is in good condition and without leaks.

5. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 264.173, Permit Condition III-E(1)(a), and Permit Attachment D-1a(2)E. Specifically, Respondent shall ensure that a container holding hazardous waste is sealed [closed] during storage, except when it is necessary to add or remove waste.

6. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 264.175, Permit Condition III-F, and Permit Attachment D. Specifically, Respondent shall ensure that it does not store liquid hazardous waste in areas that are permitted for solid hazardous waste storage only.

7. Upon the Effective Date, Respondent shall ensure compliance with Permit Condition III(2)(a). Specifically, in no instance, shall containerized hazardous waste either being transferred from one (1) permitted unit to another or being removed from one (1) permitted unit followed by replacement back into that same unit shall remain outside of permitted units for longer than eight (8) hours.

8. Upon the Effective Date, Respondent shall ensure compliance with Permit Condition III-2(b). Specifically, Respondent shall ensure transport vehicles loaded with non-processed hazardous waste for shipment off-site leave the facility within 24-hours of the time the hazardous waste is first moved out of the permitted storage areas for loading onto the transport vehicle.

9. Upon the Effective Date, Respondent shall ensure compliance with Permit Condition III-2(d). Specifically, Respondent shall ensure incoming hazardous waste from an off-site generator is placed in permitted units within seventy-two (72) hours, not including non-operating days, of entering the facility boundary unless the permittee rejects all or part of an incoming shipment.

10. Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 268.50 and Permit Condition II-Q(4). Specifically, Respondent may not store hazardous waste for greater than one (1) year unless it can be proven such storage was solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, and disposal.

11. Respondent is assessed and agrees to pay a civil penalty of Twenty Thousand Dollars ($20,000). 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.”

12. Civil 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

13. 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 12, above.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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 May 17, 2016 **
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality