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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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v. |
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Case No. 2020-26983-H |
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TRADEBE TREATMENT AND, |
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RECYCLING, 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 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 Tradebe Treatment and Recycling,
LLC (“Respondent”), which owns and operates the facility with U.S. EPA ID No. IND000646943,
located at 4343 Kennedy Avenue, in East Chicago, Lake County, Indiana (“Site”).
3.
Respondent has a RCRA permit (“Permit”), which
authorizes Respondent, as the permittee, to conduct storage and treatment
activities at this Site. Respondent operates as a large quantity generator of
hazardous waste pursuant to a Permit dated April 28, 2017 (modified December
17, 2018).
4.
IDEM has jurisdiction over the parties and the
subject matter of this action.
5.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) to:
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Tradebe Treatment and Recycling, LLC |
Corporation Service Co., Registered Agent |
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Attn: Victor Creixell De Villalonga, Mgr. |
Tradebe Treatment and Recycling, LLC |
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234 Hobart Street |
135 N. Pennsylvania Street, Suite 1610 |
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Meriden, CT 06450 |
Indianapolis, IN 46204 |
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Tradebe Treatment and Recycling, LLC |
Tradebe Treatment and Recycling, LLC |
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Attn: Timothy Denhof, EHS Manager |
Attn: Tita LaGrimas, VP Regulatory Affairs |
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4343 Kennedy Avenue |
1433 East 83rd Avenue, Suite 200 |
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East Chicago, IN 46312 |
Merrillville, IN 46410 |
6.
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.
7.
During an investigation, including inspections
on March 23, 2020, conducted by a representative of IDEM, the following
violations were found:
a. Pursuant to 40 CFR
273.33(d)(1), a large quantity handler
of universal waste must contain any lamp in containers or packages that are
structurally sound, adequate to prevent breakage, and compatible with the
contents of the lamps. Such containers and packages must remain closed and must
lack evidence of leakage, spillage or damage that could cause leakage under
reasonably foreseeable conditions.
As noted
during the inspection of Area 7, A-6, Respondent had a large
corrugated box containing fluorescent light bulbs in poor condition and
not stored close.
b. Pursuant to 40 CFR 273.34(e) and 329
IAC 3.1-16-2(8), a large quantity handler of universal waste must label or
mark each lamp or a container or package in which such lamps are contained must
be labeled or marked clearly with any one of the following phrases: “Universal
Waste - Lamp(s),” or “Waste Lamp(s),” or “Used Lamp(s)” or other words that
accurately identify the universal waste lamps may be used.
As noted
during the inspection of Area 7, A-6, Respondent had a large
corrugated box containing fluorescent light bulbs not properly labeled.
c. Pursuant
to 40 CFR 262.15(a)(4), a container holding hazardous waste must be closed at all times during accumulation, except when adding,
removing, or consolidating waste.
As noted during the inspection of
Area 2, Tank Farm, Respondent accumulated
hazardous waste in containers at or near the point of generation without a
permit and did not have one (1) 5-gallon pail of hazardous waste hose drippings closed.
d. Pursuant
to 40 CFR 262.15(a)(5)(i), a generator must mark or label its satellite hazardous
waste containers with the words “Hazardous Waste.”
As noted during the inspection of Area
2, Tank Farm, Respondent accumulated hazardous waste in containers at or near
the point of generation without a permit and did not have one (1) 5-gallon pail of hazardous waste hose drippings properly marked
with the words “Hazardous Waste.”
e. Pursuant to 40 CFR 270.30(i)(2) and Permit Condition I.D.8.b, the permittee shall
allow the Director, or an authorized representative, upon the presentation of
credentials and other documents as may be required by law to have access to and
copy, at reasonable times, any records that must be kept under the conditions
of this permit.
As noted during the inspection,
Respondent failed to have available for review inbound manifests for both
trailers and bulk loads, the daily container count report, and failed to submit
these documents to IDEM as requested by April 1, 2020.
f. Pursuant
to 40
CFR 268.50(b) and Permit Condition II.Q.4, the owner/operator of a treatment, storage or
disposal facility may store such wastes [hazardous wastes restricted from land
disposal under subpart C of this part of RCRA section 3004] for up to one year
unless the Agency can demonstrate that such storage was not solely
for the purpose of accumulation of such quantities of hazardous waste as are
necessary to facilitate proper recovery, treatment, or disposal.
As noted during the inspection of Area
6, Drum Storage, Respondent stored one (1) 55-gallon drum, noted on the March
19, 2019 Manifest #019440324 with bar code D004083750, for greater than one (1)
year without
meeting the purpose of accumulation solely to facilitate proper recovery, treatment, or disposal of such quantities of hazardous waste.
g. Pursuant to 40 CFR 264.171 and Permit
Condition III.C, if a container holding hazardous waste is not in good condition (e.g.,
severe rusting, apparent structural defects) or if it begins to leak, the owner
or operator must transfer the hazardous waste from this container to a
container that is in good condition or manage the waste in some other way that
complies with the requirements of this part.
As noted during the inspection, nineteen
(19) hazardous waste containers were observed in poor condition (Attachment A,
Table 1).
h. Pursuant to 40 CFR 264.173(a) and
Permit Condition III.E.1.a, a container holding hazardous waste must always be
closed during storage, except when it is necessary to add or remove waste.
As noted during the inspection,
Respondent stored 2 containers open. Specifically, a 5 - gallon pail with bar
code D004989915 and a container with bar code D005196932, stored in Area 4, South
Pad and Area 7, North Apron, respectively.
i. Pursuant to Permit Condition
III.E.1.c, containers of 30 gallons or more must be stored so that they can be
inspected for leaks and for deterioration caused by corrosion or other factors,
without having to move containers during the inspection and must have adequate
aisle space between rows (approximately 2 feet) to facilitate inspection.
As noted during the inspection,
Respondent did not maintain adequate aisle spacing in three (3) container
storage areas (Attachment A, Table 2).
j. Pursuant to Permit Condition III.E.2.a
and Permit Attachment D, Table D-1, containerized hazardous waste or hazardous
secondary materials either being transferred from one permitted unit to another
(such as from container storage to tank storage) or being removed from one
permitted unit followed by replacement back into that same unit shall remain
outside of permitted units only for the minimum time necessary to either
transfer the containers to a different storage unit or to remove the
containers, perform the activities that required the staging to occur, and
return the containers to a permitted storage unit. In no instance shall this time period exceed 12 hours. The containers will be managed
in accordance with applicable conditions in Attachment D.
As noted during the inspection,
Respondent stored/staged nine (9) containers, with liquid, in a solids only permitted area(s) for greater than 12 hours
(Attachment A, Table 3).
k. Pursuant to
Permit Condition III.E.2.d and Permit Attachment D, Table D-1, incoming
hazardous secondary materials must be placed in permitted units with 3
operating days after entering the facility boundary (or contiguous property
controlled by the permittee). Incoming hazardous waste from off-site generator
shall be placed in permitted units with 72 hours, not including non-operating
days, of entering the facility boundary (or contiguous property controlled by
the permittee) unless the permittee rejects all or part of an incoming
shipment. In the case of rejected loads the permittee shall have an additional
60 days to ship the waste off-site to an alternate TSDF or to the generator, in
accordance with the requirements of 40 CFR 264.72. During this timeframe the permittee must ensure the rejected load is
maintained in a secure location and clearly labeled. An operating day is any 24 hour period during which at least a partial shift is
worked by employees who process, treat, or place into storage hazardous waste
at the facility.
As noted during the inspection,
Respondent stored/staged seventy-one (71) containers, with liquid, in a solids only permitted area(s) for greater than 72 hours
(Attachment A, Table 4). In addition, Respondent failed to accept or reject six
(6) solid containers that were stored in two (2) separate areas (Attachment A,
Table 5).
l. Pursuant to 40 CFR 264.177(c), a
storage container holding a hazardous waste that is incompatible with any waste
or other materials stored nearby in other containers, piles, open tanks, or
surface impoundments must be separated from the other materials or protected
from them by means of a dike, berm, wall, or other device.
Pursuant to Permit Condition III.I.3,
the permittee must separate containers of incompatible wastes as indicated in
the Process Information, Attachment D.
As noted during the inspection of Area
6, Drum Storage, Respondent stored one (1) cubic yard flex bin (D005032392)
containing an oxidizer on top of one (1) container (D004484819) containing an
oxidizer directly next to a flammable waste container (D005077519) without
separation by means of a dike, berm, wall, or other device.
m. Pursuant to 40 CFR 264.193, secondary
containment systems must be designed, installed, and operated to prevent any
migration of wastes or accumulated liquid out of the system to the soil, ground
water, or surface water at any time during the use of the tank system.
Pursuant to Permit Condition IV.G.1, in order to prevent the release of hazardous waste or
hazardous constituents to the environment, the permittee must provide secondary
containment as specified in the Tank Storage Plan, Attachment D, which is
incorporated herein by reference.
As noted during the inspection of Area
2, Tank Farm, cracks and detached repair compound were
observed in the surface of the secondary containment systems.
n. Pursuant to Permit Attachment D, Permit
Condition D-1a(1).A, hazardous waste in containers
accepted for storage/treatment at TRADEBE must have the constituents identified
in accordance with the requirements of 40 CFR 261.
Pursuant to Permit Attachment C, Permit
Condition C-1, once a hazardous waste is accepted by TRADEBE and enters a
permitted storage area or the facility’s inbound material receiving area,
TRADEBE will examine the waste to ensure consistency by comparison of the
manifested waste to the previously submitted Analytical Profile. A sample of
the incoming waste will be taken in accordance with this WAP [Waste Analysis
Plan], and incoming trucks may be released prior to completion of analysis, but
only after verifying the accuracy and adequacy of the manifest.
As noted during the inspection of Area
4, South Pad, Respondent had accepted a tote with bar code #D005070415, which
contained liquid, and was stored in a permitted solids
only area. The tote was labeled “Used Oil” and “Waste Oil” with a “Flammable”
diamond and was shipped as “Waste Flammable Liquids.” Respondent was unable to verify the contents
of the tote as hazardous or non-hazardous waste.
o. Pursuant to Permit Attachment D, Permit
Condition D-1(a)2.I, containers will be marked, or
re-marked, as information becomes available, pursuant to 40 CFR 264.73(b). Containers that are accepted by TRADEBE will
be marked with a container specific identification number or symbol. The purpose of the marking is for internal
tracking of the container for TRADEBE’s operating records.
As noted in the inspection, Respondent
failed to apply a container specific identification number or symbol to one (1)
5-gallon container to indicate that the container had been accepted and
identified.
p. Pursuant to 40 CFR 264.173(b), a container holding
hazardous waste must not be opened, handled, or stored in a manner which may
rupture the container or cause it to leak.
Pursuant to Permit Attachment D, Permit Condition D-1a(s).M.1.c and e, containers must be stacked in stable
configurations (i.e., container(s) will not readily fall off of the pallet or
damage the integrity of the containers or supporting structure). Banding, shrink-wrapping or other devices may
be required to stabilize the containers. Containers must be stacked to prevent
overhanging of containers that would result in unstable configurations or
reduction of the require aisle space.
As noted
during the inspection, Respondent stacked containers in unstable configurations
in four (4) separate storage areas (Appendix A, Table 6).
8. On December 16, 2020,
Respondent completed requirements for Finding of Facts Paragraphs 7a through
7p. Regarding Finding of Facts Paragraph
7e, Respondent is working with their IT Department to develop a method to streamline
record storage and accessibility.
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.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Nineteen Thousand Dollars
($19,000). Within sixty (60) days of the Effective Date, Respondent shall pay a
portion of this penalty in the amount of Three Thousand Eight Hundred Dollars
($3,800) 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 (Lake County, Indiana).
Respondent will make a payment in the amount of Fifteen Thousand Two Hundred
Dollars ($15,200) to fund SEP activities at the Brownfield Site. Respondent
shall make such payment to the IFA within sixty (60) 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 sixty (60) 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 (Lake County, 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 (Lake County) 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 sixty (60) 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 fr
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, Room 1275 |
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Indianapolis,
Indiana 46204 |
4.
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:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
5.
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 4, above.
6.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
7.
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.
8.
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.
9.
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.
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.
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 the
obligation to comply with the requirements of any applicable permits or any
applicable Federal or State laws or regulations.
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 violations
specified in the NOV.
14.
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.
15.
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: _________________________ |
By:
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Jennifer
Reno, Chief |
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Land
Enforcement Section |
Printed: ______________________ |
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Compliance
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Title: ________________________ |
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Office of
Land Quality |
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Date: __________________ |
Date: _______________________ |
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COUNSEL FOR RESPONDENT: |
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By: ________________________ |
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Date: ______________________ |
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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 |
________________________, 20_____. |
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For the Commissioner: |
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Signed 1/28/2021 By |
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Peggy Dorsey, Assistant Commissioner |
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Office of Land Quality |
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