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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2016-23995-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 is Heritage-Crystal Clean, LLC
(“Respondent”), which owns/operates the company with United States
Environmental Protection Agency (“EPA”) ID No. INR 000 006 536, located at 3970
West 10th Street, in Indianapolis, Marion 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”) to:
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Ms.
Catherine McCord |
CT
Corporation System |
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Heritage-Crystal
Clean, LLC |
Re:
Heritage-Crystal Clean, Inc. |
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2175 Point
Boulevard, Suite 375 |
150 West
Market Street, Suite 800 |
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Elgin, IL
60123 |
Indianapolis,
IN 46204 |
5.
Respondent last notified 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.
6.
On September 22, 2015, Respondent accepted and
stored hazardous waste at the Site from an off-site generator. The transporter delivered the hazardous waste
to the wrong facility. The uniform
hazardous waste manifest which accompanied the shipment indicated a permitted
treatment, storage, and disposal facility as the designated facility. A Bill of Lading also accompanied the
shipment and indicated Respondent as the receiving facility. Additionally, the Bill of Lading identified
the tanker contents as a waste flammable liquid. Respondent is not a permitted treatment,
storage, and disposal facility.
Respondent received 6,880 pounds (773 gallons) of acidic (D002) fly ash
boiler wash water. Data also indicates
the waste exhibited the hazardous characteristics for arsenic (D004), chromium
(D007), and selenium (D010). Respondent
accepted the hazardous waste and unloaded it into a caustic product tank
containing 11,890 gallons of caustic product.
7.
A portion of the caustic product and hazardous
waste mixture was utilized in two on-site scrubbers associated with the used
oil re-refinery. The caustic
product/hazardous waste mixture was later transferred into a used oil guard
tank prior to shipment off-site. The
material was transported via rail to a facility to be used as a substitute
ingredient in a paper production process.
8.
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.
9.
During an investigation including an inspection
on November 23, 2015 conducted by a representative of IDEM, the following
violations were found:
a. 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
received and stored 6,880 pounds (773 gallons) of acidic fly ash boiler wash
water hazardous waste (D002, D004, D007, D010) at the Site from an off-site
generator on September 22, 2015. The
Site is not a permitted treatment, storage, and disposal facility. The hazardous waste was accompanied by a
uniform hazardous waste manifest in which Respondent was not the designated
facility and a bill of lading noting Respondent as the receiving facility. The hazardous waste was delivered to the
wrong facility, however; Respondent still accepted the hazardous waste.
b. 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 accepted and stored hazardous waste identified or listed in 40 CFR
Part 261 without a permit. Specifically,
Respondent accepted and stored 6,880 pounds (773 gallons) of acidic fly ash
boiler wash water hazardous waste (D002, D004, D007, D010) at the Site from an
off-site generator on September 22, 2015.
c.
Pursuant to 40 CFR 264.1, owners and operators
of hazardous waste facilities which treat, store, or dispose of hazardous waste
shall comply with the applicable requirements of 40 CFR 264.
As noted during the inspection,
Respondent accepted and stored hazardous waste and did not comply with the
applicable requirements of 40 CFR 264.
d.
Pursuant to 40 CFR 268.3, a generator must not
dilute a restricted waste as a substitute for adequate treatment.
As noted during the inspection,
Respondent inadvertently diluted a restricted waste as a consequence of
off-loading the caustic waste into its product tank. Specifically, Respondent received hazardous
waste from an off-site generator on September 22, 2015, and placed the
hazardous waste (D002, D004, D007, D010) in a tank
with alkaline material, and therefore diluted the hazardous waste.
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.
Within thirty (30) days of the Effective Date
of this Agreed Order, Respondent shall submit documentation of closure
activities on the 25,000 gallon caustic product tank conducted to meet the
closure performance standards.
4.
Upon the Effective Date, Respondent shall
comply with 40 CFR 268.3. Specifically,
Respondent shall not dilute a restricted waste as a substitute for treatment.
5.
Within thirty (30) days of the Effective Date,
Respondent shall submit a completed Bill of Lading for Document Number S-20776,
which includes the signature of the receiving facility.
6.
Within thirty (30) days of the Effective Date,
Respondent shall submit and implement acceptance and off-loading procedures for
incoming materials. The procedures are
to prevent any future regulated hazardous waste from off-site from being
accepted and placed into an unpermitted unit.
7.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Christina Halloran, Enforcement Case
Manager |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
8.
Respondent is assessed and agrees to pay a
civil penalty of Seventeen Thousand Dollars ($17,000). Within thirty (30) days of the Effective
Date, Respondent shall pay a portion of this penalty in the amount of Three
thousand and Four Hundred Dollars ($3,400) 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 Thirteen Thousand and Six Hundred Dollars ($13,600) 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:
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Meredith Gramelspacher |
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Indiana Brownfields Program - SEP |
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100 N. Senate Avenue |
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Room 1275 |
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Indianapolis, Indiana 46204 |
9.
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:
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Paragraph |
Penalty |
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3 |
$200/week |
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5 |
$200/week |
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6 |
$200/week |
10.
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.
11.
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:
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Indiana Department of Environmental
Management |
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Office of Legal Counsel |
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IGCN, Room N1307 |
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100 North Senate Avenue |
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Indianapolis, IN 46204 |
12.
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 11, above.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of
Environmental Management |
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By:
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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 |
COUNSEL FOR RESPONDENT: |
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AUTHORITY: |
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By:_______________________ |
By:
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Meredith Gramelspacher |
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Director & General Counsel |
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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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Printed:
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Title: ________________________ |
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Date:
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APPROVED AND
ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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20__. |
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For the
Commissioner: |
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Signed July
17, 2017 By: |
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Peggy Dorsey, Assistant Commissioner |
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Office of
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