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. 2020-26833-H
					)
AMAZON.COM SERVICES 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 Indiana Code (“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 IC 13-13-1-1.

2. Respondent is Amazon.com Services LLC, which owns and operates the facility (designated DIN1), with U.S. Environmental Protection Agency (“EPA”) ID No.: IN0000450858, located at 5850 West 80th 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, on April 22, 2020, IDEM issued a Notice of Violation (“NOV”) via UPS to:

Michael D. Deal, President	Corporation Service Company, Registered Agent for
Amazon.com Services LLC (DIN1)	Amazon.com Services LLC (DIN1)
410 Terry Avenue North	135 N Pennsylvania Street, Suite 1610
Seattle, Washington 98109	Indianapolis, Indiana 46204

5. Respondent owns and operates a delivery and logistics facility.

6. Respondent notified EPA of Small Quantity Generator activities on January 4, 2019.

7. During an investigation including an inspection on January 28, 2020, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.11(a), a person who generates a solid waste must determine if that waste is a hazardous waste at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change.

As noted during the inspection, Respondent, generated solid waste and did not determine the waste was a hazardous waste at the point of generation but instead relied on a third party contractor to make the determination on a biweekly schedule. Based on subsequent discussions with Respondent, this inspection finding was withdrawn.

b. Pursuant to 40 CFR 262.20(a), a generator who sends hazardous waste off-site must ensure that manifests are fully filled out and contain accurate information.

As noted during the inspection, Respondent did not include all of the required information on manifest No.: 012080771 FLE and 012080903 FLE. Specifically, Respondent failed to include the EPA Identification No.: INR0000450858 in the “Generator ID Number” section.

c. Pursuant to 40 CFR 262.16(b)(2)(i), if a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption.

As noted during the inspection, Respondent did not store hazardous waste in containers that were in good condition.

d. Pursuant to 40 CFR 262.16(b)(2)(iv), at least weekly, the small quantity generator must inspect central accumulation areas. The small quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors.

As noted during the inspection, Respondent failed to conduct, at least weekly, inspections of the central accumulation area (Hazmat Cage).

e. Pursuant to 40 CFR 262.16(b)(6)(i)(A), a small quantity generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that, while being accumulated on-site, each container is labeled or marked clearly with the words "Hazardous Waste."

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and failed to mark hazardous waste containers with the words "Hazardous Waste."

f. Pursuant to 40 CFR 262.16(b)(6)(i)(B), a small quantity generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that, while being accumulated on-site, each container is labeled or marked with an indication of the hazards of the contents.

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and failed to clearly mark hazardous waste containers with an indication of the contents.

g. Pursuant to 40 CFR 262.16(b)(6)(i)(C), a small quantity generator may accumulate hazardous waste on-site for 180 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 inspection, Respondent accumulated hazardous waste on-site, without a permit, and failed to clearly mark hazardous waste containers with accumulation start dates.

h. Pursuant to 40 CFR 262.16(b)(8)(vi)(A), a small quantity generator must attempt to make arrangements with local emergency authorities to familiarize them with the facility.

As noted during the inspection, Respondent did not attempt to make arrangements with local emergency authorities.

i. Pursuant to 40 CFR 262.16(b)(8)(vi)(B), a small quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.

As noted during the inspection, Respondent failed to maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency.

j. Pursuant to 40 CFR 262.16(b)(9)(i), at all times there must be at least one employee on the premises or on call (i.e. available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures.

As noted during the inspection, Respondent failed to have at least one employee on the premises or on call with the responsibility for coordinating all emergency response measures.

k. Pursuant to 40 CFR 262.16(b)(9)(iii), the small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.

As noted during the inspection, Respondent did not have a Training Program in place to ensure that all applicable employees were thoroughly familiar with proper waste handling and emergency procedures.

8. On May 19, 2020, Respondent submitted documentation that the violations cited in Paragraph 7(a) – (k) have been corrected.

9. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 rules listed in the findings of fact above.

3. Respondent is assessed a civil penalty of Six Thousand Eight Hundred Dollars ($6,800). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Three Thousand Six Hundred Dollars ($3,600). Said penalty amount shall be due and payable to the “Environmental Management Special Fund.” In lieu of payment of the remaining civil penalty amount of Three Thousand Two Hundred Dollars ($3,200), Respondent shall perform and complete a Supplemental Environmental Project (“SEP”). Respondent estimates that this SEP will cost Three Thousand Two Hundred Dollars ($3,200). Within fifteen (15) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP. In the event that the cost of the SEP is less than Three Thousand Two Hundred Dollars ($3,200). Respondent shall pay fifty percent (50%) of the difference between the proposed cost of the SEP, Three Thousand Two Hundred Dollars ($3,200), and the actual cost of the SEP.

As a Supplemental Environmental Project, Respondent shall provide full comprehensive training to all waste processing Amazon Associates (roughly 10% of the work force at the Site) regarding actual characterization of the waste and properly handling within the Amazon AMZL business. The training will be required annually and will be automatically assigned and tracked electronically. The improved training program will allow for better tracking of employee training completion due to employee turnover.

4. In the event that Respondent does not complete the SEP by June 30, 2021, the full amount of the civil penalty as stated in paragraph #3 above, 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.

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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

6. 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 pay 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.

7. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

8. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

9. No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

10. 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. 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.

12. 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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

13. 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.

14. 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 violations specified in the NOV.

15. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (U.S. 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 U.S. EPA or any other agency or entity.

16. 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: _________________________
	Jennifer Reno, Chief
	Land Enforcement Section			Printed: ______________________
Compliance Branch				Title: ________________________
Office of Land Quality
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 2/10/2021
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality