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. 2020-27079-H
					)
heritage environmental 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 Heritage Environmental Services, LLC (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IND 093 219 012, located at 7901 W Morris 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:

Ms. Winde Hamrick, Manager	CT Corporation System, Registered Agent
Heritage Environmental Services, LLC	Heritage Environmental Services, LLC
5400 W 86^th Street	334 North Senate Avenue
Indianapolis, IN 46268	Indianapolis, IN 46204

5. Respondent notified EPA of Large Quantity Generator, Used Oil Generator and Processor, Universal Waste Handler, and Treatment, Storage, Disposal activities.

6. Respondent was issued a Hazardous Waste Management Permit for storage and treatment on December 31, 2019. This permit expires on December 31, 2024.

7. Respondent submitted a response to the March 4, 2019 inspection dated April 5, 2019.

8. 329 Indiana Administrative Code (“IAC”) 3.1 incorporates 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 March 4, 2019, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR part 264 Subpart J Tank Systems, the requirements of Subpart J apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste.

As noted during the inspection, the use of the blind sump located in Containment Area #15 for Tanks H and I is governed under the tank regulations and therefore must comply with the requirements of 40 CFR Part 264 Subpart J.

Based on Respondent’s response dated April 5, 2019, Respondent intentionally collects liquids associated with the caustic scrubber and from a sink used to empty and rinse sample containers into the sump located inside the secondary containment area for tanks H & I. This liquid is pumped out at least once a day to multiple times per day. The collection of liquids in this sump was not considered when calculating the secondary capacity for Containment Area 15.

Respondent has unistalled the scrubber and the sink is pumbed dierectly into the C Tank eliminating the collection of liquids in the sump.

b. Pursuant to 40 CFR 264.195(c)(2) and Permit Attachment D, owners or operators must inspect at least once per operating day (or weekly if the tank system uses leak detection systems) the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system to detect erosion or signs of releases of hazardous waste.

At the time of the inspection, the secondary containment area containing Tanks B, C, and D was covered in a material that covered the flooring of that area. The material was evident on the sides of the tanks in a spray-like pattern. Documentation of this occurrence was not noted in the facility inspection records of this area. The facility representative was unclear what had occurred in this area or the timeframe of the occurrence. Later in the inspection additional information was provided indicating that the material had been present for a minimum of four (4) days. During this timeframe, the secondary containment could not be adequately inspected for cracks, gaps or deterioration or failure of coatings. The inspection log should have at the minimum indicated that the secondary containment could not be adequately inspected due to the material covering the flooring of the secondary containment. Photo documentation was provided on 3/07/19 documenting the area had been cleaned and that the material was lime residue.

10. 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 and permit condition listed in the findings above or any incorporated federal equivalent thereof, as applicable.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 264.195(c)(2) and Permit Attachment D. Specifically, Respondent shall ensure releases within tank secondary containment areas are addressed within 24 hours in order that adequate tank inspections can be conducted to inspect: 1) the secondary containment for cracks, gaps or deterioration or failure of coatings; and 2) other portions of the tank system, including the ancillary equipment. If not practical to remove within 24 hours, the facility shall notify IDEM with an explanation and remove the liquids as soon as practical. If corrective actions are implemented, these actions should be noted in the tank daily inspection log.

4. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Christina Halloran, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue100 North Senate Avenue

Indianapolis, IN 46204-2251

5. Respondent is assessed and agrees to pay a civil penalty of Ten Thousand and Four Hundred Dollars ($10,400). Within thirty (30) days of the Effective Date, Respondent shall pay a portion of this penalty in the amount of Two Thousand and Eighty Dollars ($2,080) 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 Three Hundred and Eighty Dollars ($8,320) 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

Accounts Receivable

IGCN, Room 1340

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

9. 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.

10. 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.

11. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management				Egg Innovations, LLC-Atwood Farm
By: _________				By:  _________________________
	Jennifer Reno, Section Chief
	Land Enforcement Section				Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: ____				Date: _______________________
				COUNSEL FOR RESPONDENT:
				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 05/12/21
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality