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. 2018-25843-H
					)
Tradebe treatment & 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 & Recycling, LLC (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IND000646943, 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 to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) on April 5, 2019 via Certified Mail to:

Timothy Denhof, EHS Manager	Corporation Service Company
Tradebe Treatment & Recycling, LLC	Registered Agent for
4343 Kennedy Avenue	Tradebe Treatment & Recycling, LLC
East Chicago, IN 46312	135 N Pennsylvania Street, Suite 1610
	Indianapolis, IN 46204

5. Respondent has a RCRA permit, which authorizes Respondent to conduct treatment and storage activities at this Site.

6. This inspection was conducted as a focused evaluation of Respondent’s hazardous waste consolidation operations for off-site shipments in roll-offs or dump trucks, in part, due to a report of a fire that occurred during transportation involving a manifested hazardous waste shipment from Tradebe’s East Chicago, Indiana facility to Green America Recycling, LLC in Hannibal, MO on April 19, 2018.

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 June 13, 2018 conducted by representatives of IDEM, the following violations were found:

a. Pursuant to 40 CFR 264.76, if a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest or without an accompanying shipping paper as described by §263.20(e) of this chapter, and if the waste is not excluded from the manifest requirement by this chapter, then the owner or operator must prepare and submit a letter to the Regional Administrator within 15 days after receiving the waste.

As noted during the inspection, Respondent accepted three (3) shipments of hazardous waste that were not accompanied by a proper manifest. Three (3) roll-offs of hazardous waste contaminated soil, generated in Illinois from a fire response were shipped with a single photocopy of the original manifest that listed Tradebe Environmental Services, LLC as the generator and Green America as the destination facility. Respondent failed to submit an unmanifested waste report to the Commissioner.

b. Pursuant to 40 CFR 264.72(c), upon discovering a significant discrepancy in quantity or type, the owner or operator must attempt to reconcile the discrepancy with the waste generator or transporter. If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator must submit a letter to the Regional Administrator a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue.

As noted during the inspection and subsequent review of the submitted waste profiles and analytical information, the facility received, accepted, and processed waste shipped on manifest 011205502FLE line 27(a) that significantly differed from the waste profile without working with the generator to resolve the discrepancy. Respondent accepted the waste as it still met the criteria for the facility’s assigned internal processing code. However, no investigation as to the discrepancy between the waste analysis and waste profile was conducted. A manifest discrepancy was not noted on the manifest nor has a manifest discrepancy letter been submitted to IDEM.

c. Pursuant to 40 CFR 264.16 and Permit Condition II.F., referencing Attachment H, the Permittee shall conduct personnel training as required. This training program shall follow the attached outline in the Personnel Training Plan, Attachment H.

As noted during the inspection, Permittee lacked adequate personnel training because:

i. Respondent’s staff signed on April 23, 2018, as the person receiving the waste on behalf of the owner or operator of the designated facility, a photocopy of hazardous waste manifest 018004359JJK. This photocopy was used to transport two 20-yard boxes that contained hazardous waste that had been transferred from the end dump truck involved in the fire. The photocopy was used to transport both roll-offs back to the facility. This photocopy did not reflect that the waste was returned to Respondent’s facility and indicates that the waste was received by the original designated facility, Green America in Hannibal, MO.

ii. On June 14, 2018, Respondent’s staff signed, as the person receiving the waste on behalf of the owner or operator of the designated facility, a photocopy of hazardous waste manifest 018004359JJK that was used to transport three (3) 20-yard boxes of hazardous waste soil. This photocopy did not reflect that the waste was returned to Respondent and indicated that the waste was received by the original designated facility, Green America in Hannibal, MO.

iii. According to the submitted profile and analytical information, Respondent received, accepted, and processed waste shipped on manifest 011205502FLE line 27a(6) that significantly differed from the waste profile without working with the generator to resolve the discrepancy. Respondent’s staff stated that the facility accepted the waste as it still met the criteria for Respondent’s assigned internal processing code. However, no investigation as to the discrepancy between the waste analysis and the waste profile was conducted.

iv. Based on sample analysis, the drums shipped on manifest 018004979JJK line 27a(10), did not match the constituent make up as detailed in the waste profile, suggesting that if a representative sample was taken, the waste did not match the profile. Respondent’s staff stated that the facility accepted the waste as it still met the criteria for Respondent’s assigned internal processing code and suggested that the sample must not have been representative.

d. Pursuant to 40 CFR 270.15(d), Permit Condition II.G. referencing 40 CFR 264.17 and Permit Condition III.I.1. referencing 40 CFR 264.17(b), the owner or operator of a facility that treats, stores or disposes ignitable or reactive waste, or mixes incompatible waste or incompatible waste and other materials, must take precautions to prevent reactions which: generate extreme heat or pressure, fire or explosions, or violent reactions.

As noted during the inspection, according to the individual manifests for the consolidated wastes that were part of the shipment that caught on fire, Respondent consolidated potentially incompatible materials, including a container of corrosive solids containing nitric acid and sulfuric acid contaminated filters and absorbents (D002, D007), manifest 011205502FLE line 27a(6), and two (2) containers of N-IH-Tetrazol-5-YL-1H-Tetrazol-5-Amine Ammonium Salt (D001), manifest 011724727FLE, line 9a(1). According to the safety data sheet for N-IH-Tetrazol-5-YL-1H-Tetrazol-5-Amine Ammonium Salt, when in contact with strong acids, it becomes highly friction sensitive.

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 statutes, rules, and/or permit conditions listed in the findings above.

3. Within thirty (30) days of the Effective Date, Respondent shall prepare and submit a letter to IDEM describing procedures to use in the future to identify significant discrepancies and how to flag discrepancies between the waste sample and the profile requiring resampling.

4. Within thirty (30) days of the Effective Date, Respondent shall submit to IDEM the actions taken by Respondent to take precautions to prevent accidental ignition or reaction of ignitable or reactive waste and minimize the possibility of the violations cited above from happening again. The actions shall include, at a minimum: the review of representative sampling procedures; how to recognize when a sample does not match the waste profile; what to do if the sample does not meet the waste profile including how to prepare a manifest discrepancy report; and procedures to prevent the mixing of potentially incompatible materials. 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, as well as the consequences resulting because of the violations.

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

Debbie O’Brien, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

6. Respondent is assessed and agrees to pay a civil penalty of Twenty One Thousand Four Hundred ($21,400). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Four Thousand Two Hundred Eighty dollars ($4,280). 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.”

In lieu of payment to IDEM of the remaining civil penalty, Respondent shall make a cash payment of Seventeen Thousand One Hundred Twenty Dollars ($17,120) to the Indiana State Department of Health-Lead Trust Fund (”ISDH-Lead Trust Fund”) to fund a Supplemental Environmental Project (“SEP”) for activities related to the abatement of lead in qualifying residential properties in Indiana. Respondent shall make such payment to the “ISDH-Lead Trust Fund” within thirty (30) days of the Effective Date of this Agreed Order. Payment to the ISDH-Lead Trust Fund 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 Indiana communities by reducing the exposure to lead in homes where owners are unable to afford lead hazard abatement work. Lead abatement can improve health outcomes for infants, children, and adults by reducing developmental disorders, attention deficit hyperactivity disorder-related behaviors (ADHD), anemia, hypertension, and kidney and brain damage.

The SEP proceeds will be spent on lead abatement for residential homes whose owner/occupants have applied for lead abatement pursuant to the Lead Protection Program and are residing in Indiana.

7. In the event that Respondent does not make its SEP payment within thirty (30) days of the Effective Date of this Agreed Order, 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 to IDEM 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. Such interest shall be payable to the “Environmental Management Special Fund,” and shall be payable to IDEM in the manner specified in Order Paragraph 11.

8. Payment for the SEP is payable by check to the “ISDH-Lead Trust Fund.” The text “SEP-Residential Lead Abatement” and the Case Number of this action shall be included in the memo line of the check. The check shall be mailed to:

Cashier’s Office

Indiana State Department of Health

PO Box 7236

Indianapolis, IN 46207

Respondent shall provide Complainant with documentation of payment to the ISDH-Lead Trust Fund within one (1) week of such payment.

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:

Paragraph	Penalty
Order paragraph # 3, and 4	$ 250 per week late

10. 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.

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:

Indiana Department of Environmental Management

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

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. 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 EPA or any other agency or entity.

20. 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: _________________________
	Linda L. McClure, 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:
				9/24/19______________________
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality