STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. TRADEBE
TREATMENT AND RECYCLING, LLC, 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 is Tradebe Treatment and Recycling,
LLC (“Respondent”), which owns and operates a stationary waste management,
recycling, and fuel processing source with Plant ID No. 089-00345, located at
4343 Kennedy Avenue, in East Chicago, Lake County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant waived issuance of a Notice of
Violation on February 27, 2017 as provided for by IC 13-30-3-3 for the
violations identified in Findings of Fact, Paragraph No. 5.
5.
During report reviews conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant to 40 CFR 63, Subpart EEEE, §
63.2382(b)(1), if the startup of a new source commences before February 3,
2004, an initial notification must be submitted no later than one hundred and
twenty (120) days after February 3, 2004.
Respondent failed to submit an initial
notification within one hundred and twenty (120) days after February 3, 2004,
in violation of 40 CFR 63, Subpart EEEE, § 63.2384(b)(1).
b.
Pursuant to 40 CFR 63, Subpart EEEE, §
63.2382(b)(2), if the startup of an affected source commences on or after
February 3, 2004, an initial notification must be submitted no later than one
hundred and twenty (120) days after initial startup.
Respondent failed to submit an initial
notification within one hundred and twenty (120) days after initial startup, in
violation of 40 CFR 63, Subpart EEEE, § 63.2382(b)(2).
c.
Pursuant to 40 CFR 63, Subpart EEEE, §
63.2346(b)(3), a vapor balancing system that routes hazardous air pollutants
(HAP) vapors displaced from the loading of organic liquids must be used.
Respondent failed to install vapor
balancing systems that routes HAP vapors displaced from the loading of organic
liquids into both trucks and railcars, in violation of 40 CFR 63, Subpart EEEE,
§ 63.2346(b)(3).
d.
Pursuant to 40 CFR 63, Subpart DDDDD, §
63.7545(b), if the startup of the affected unit commenced before January 31,
2013, an initial notification shall be submitted no later than one hundred and
twenty (120) days after January 31, 2013.
Respondent failed to submit an initial
notification for the Anaerobic Thermal Desorption Unit I, within one hundred
and twenty (120) days after January 31, 2013, in violation of 40 CFR 63,
Subpart DDDDD, § 63.7545(b).
e.
Pursuant to 40 CFR 63, Subpart DDDDD, §
63.7545(c), if startup of an affected unit commences after January 31, 2013, an
initial notification shall be submitted no later than fifteen (15) days after
initial startup of the affected unit.
Respondent failed to submit an initial
notification no later than fifteen (15) days after initial startup of Anaerobic
Thermal Desorption Unit II, in violation of 40 CFR 63, Subpart DDDDD, §
63.7545(c).
f.
Pursuant to Part 70 Operating Permit No.
089-34503-00345 (“Permit”), Condition D.1.8, Respondent shall conduct testing
of flare FL1 controlling SDS VRU and SDS VRU II not later than one hundred and
eighty (180) days after issuance of the Permit in order to demonstrate
compliance with Permit Conditions D.1.1(b), D.1.1(c), and D.1.3(a).
Respondent failed to test flare FL1
within one hundred and eighty (180) days after issuance of Permit, in violation
of Permit Condition D.1.8.
g.
Pursuant to 40 CFR 60.18, flares shall be
designed and operated with no visible emissions, except for periods not to
exceed a total of five (5) minutes during any two (2) consecutive hours.
Respondent exceed the visible emission
limit during compliance testing, in violation of 40 CFR 60.18
6.
Respondent submitted the required initial
reports for 40 CFR 63, Subpart EEEE and 40 CFR 63, Subpart DDDDD on May 26,
2016.
7.
To comply with 40 CFR 63, Subpart EEEE,
Respondent installed a vapor balancing system for both the truck and railcar
loading systems on March 14, 2016.
8.
Respondent tested flare FL1 on January 28,
2016, which initially demonstrated noncompliance with emission limitation
requirements. Respondent retested flare FL1 later on January 28, 2016 which
demonstrated compliance with emission limitation requirements.
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 regulations
and permit conditions listed in the findings above at issue.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Jennifer
Bailey, Case Manager |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
100 North
Senate Avenue |
Indianapolis,
IN 46204-2251 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Ninety Thousand, Five Hundred, Thirty Two Dollars ($90,532).
Said penalty amount shall be due and payable to the Environmental
Management Special Fund within thirty (30) days of the Effective Date; the 30th
day being the “Due Date”.
5.
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:
IDEM
Office of Legal Counsel |
IGCN,
Rm N1307 |
100
N Senate Ave |
Indianapolis,
IN 46204 |
6.
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 his Agreed Order.
7.
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.
8.
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.
9.
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.
10.
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 permit or any applicable Federal or State law or
regulation.
11.
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.
12.
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 Findings of Fact.
13.
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.
14.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Tradebe Treatment and Recycling, LLC |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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Office
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COUNSEL
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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 |
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2017. |
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For
the Commissioner |
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Signed
on October 17, 2017 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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