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. 2017-24490-H
					)
Heritage-Crystal Clean, 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 Heritage-Crystal Clean, LLC (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IND 984 869 743 located at 1560 West Raymond 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”) on to:

Thomas Hillstrom, Vice President	CT Corporation System, Registered Agent
Heritage-Crystal Clean, LLC	Heritage-Crystal Clean, LLC
2175 Point Blvd., Suite 375	150 West Market Street, Suite 800
Elgin, IL 60123-9211	Indianapolis, IN 46204

5. Respondent notified as a Conditionally Exempt Small Quantity Generator (“CESQG”) of hazardous waste and a less than ten (10) day hazardous waste transfer facility in 2012.

6. Respondent accepted and stored regulated hazardous waste solids (F001) on September 15, 2015 and on October 8, 2016 from the same generator on bill of ladings (WO Nos. 832663 and 975696). Upon arrival at the Site the hazardous waste was unloaded. The hazardous wastes were then shipped on bill of ladings (Hazmat Bill of Lading Manifest, Tracking Numbers 2000983-9000 and 2129175-9000) to a permitted treatment, storage, and disposal facility. The DOT description on both shipments was changed from hazardous waste solids (F001) to a corrosive liquid containing cyclohexylamine and ethylenediamine. Also, according to the shipment papers (WO# 975696), eleven (11) fifty-five (55) gallon drums of hazardous waste solids (F001) were received by Respondent on 10/08/2016. This same waste, according to the Hazmat Bill of Lading Manifest, Tracking Number 2129175-9000, was offered for transport by Respondent on 10/07/2016 to a permitted treatment, storage, and disposal facility.

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 March 30, 2017 conducted by representatives of IDEM, the following violations were found:

a. 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 investigation, Respondent accepted and stored hazardous waste and did not comply with the applicable requirements of 40 CFR 264. Specifically, Respondent operated as a designated facility for two shipments of hazardous waste. Both shipments were from the same large quantity hazardous waste generator (“LQG”). Respondent first accepted seven (7) fifty-five (55) gallon drums (4,200 lbs.) of hazardous waste solids containing trichloroethene (F001) on September 15, 2015 on a bill of lading (WO# 832663) and then eleven (11) fifty-five (55) gallon drums (4,125 lbs.) of hazardous waste solids containing trichloroethene (F001) on October 8, 2016 on a bill of lading (WO# 975696).

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 accepted hazardous waste from a large quantity generator without first obtaining a permit from the department. Specifically, Respondent operated as a designated facility for two shipments of hazardous waste. Both shipments were from the same LQG. Respondent first accepted seven (7) fifty-five (55) gallon drums (4,200 lbs.) of hazardous waste solids containing trichloroethene (F001) on September 15, 2015 on a bill of lading (WO# 832663) and then eleven (11) fifty-five (55) gallon drums (4,125 lbs.) of hazardous waste solids containing trichloroethene (F001) on October 8, 2016 on a bill of lading (WO# 975696).

c. 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 investigation, Respondent failed to notify the Commissioner of hazardous waste storage activities. Specifically, Respondent is notified only as a less than ten (10) day hazardous waste transfer station. Respondent accepted seven (7) fifty-five (55) gallon drums (4,200 lbs.) of hazardous waste solids containing trichloroethene (F001) on September 15, 2015 and then eleven (11) fifty-five gallon drums (4,125 lbs.) of hazardous waste solids containing trichloroethene (F001) on October 8, 2016 from a large quantity hazardous waste generator.

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 investigation, Respondent accepted and stored hazardous waste identified or listed in 40 CFR Part 261 without a permit. Specifically, Respondent accepted and stored seven (7) fifty-five (55) gallon drums (4,200 lbs.) of hazardous waste solids containing trichloroethene (F001) on September 15, 2015 and then eleven (11) fifty-five (55) gallon drums (4,125 lbs.) of hazardous waste solids containing trichloroethene (F001) on October 8, 2016, both from the same large quantity hazardous waste generator.

e. 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 hazardous waste for transportation for offsite treatment, storage, or disposal without preparing a manifest. Specifically, Respondent offered for transport seven (7) fifty-five (55) gallon drums (4,200 lbs.) of hazardous waste solids containing trichloroethene (F001) on September 15, 2015 and then eleven (11) fifty-five (55) gallon drums (4,125 lbs.) of hazardous waste solids containing trichloroethene (F001) on October 7, 2016 to a permitted treatment storage, and disposal facility. The bill of lading manifest tracking numbers are 2000983-9000 and 212975-9000 respectively. On both bill of ladings the DOT description of the hazardous waste changed from hazardous waste solid containing trichloroethene (F001) to corrosive liquid containing cyclohexylamine and ethylenediamine.

f. 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, Respondent offered for transport seven (7) fifty-five (55) gallon drums (4,200 lbs.) of hazardous waste solids containing trichloroethene (F001) on September 15, 2015 and then eleven (11) fifty-five (55) gallon drums (4,125 lbs.) of hazardous waste solids containing trichloroethene (F001) on October 7, 2016 to a permitted treatment storage, and disposal facility. The bill of lading manifest tracking numbers are 2000983-9000 and 212975-9000 respectively. On both bill of ladings the DOT description of the hazardous waste changed from hazardous waste solid containing trichloroethene (F001) to corrosive liquid containing cyclohexylamine and ethylenediamine.

9. Respondent submitted an email dated November 17, 2017, stating that the shipping paper discrepancies were simply a matter of human error. The Distribution Hub Manager and staff responsible for preparing the shipping papers have been retrained to properly match the shipping description between the inbound paperwork and outbound paperwork. Staff have been instructed and trained that if the shipping description on the original shipping paper does not match a pre-printed description, then the correct shipping description must be written on the outbound shipping paper by hand. Respondent has assigned a training manager to ensure this procedure will be standardized throughout the company.

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 of this Agreed Order, Respondent shall comply with 40 CFR 262.20, 329 IAC 3.1-1-10 and IC 13-30-2-1(10). Specifically, Respondent shall not transport regulated hazardous waste without it being accompanied by a uniform hazardous waste manifest.

4. 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

5. Respondent is assessed and agrees to pay a civil penalty of Ten Thousand Dollars ($10,000). Within thirty (30) days of the Effective Date, Respondent shall pay a portion of this penalty in the amount of Two Thousand Dollars ($2000) 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 Eight Thousand Dollars ($8,000) 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

6. 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, IN 46204

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 6, above.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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 INDIANA FINANCE				COUNSEL FOR RESPONDENT:
AUTHORITY:
By:___________________________				By: ________________________
Date:_________________________				Date: ______________________
				COUNSEL &/OR AUTHORIZED
				REPRESENTATIVE:
				For the City of Indianapolis
				By:________________________
				Date:_______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_________	DAY OF	________________________,	20__.
				For the Commissioner:
				Signed 12/22/2017 By:
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality