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STATE OF INDIANA |
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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. 2020-27143-S |
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Republic Services of indiana, LP |
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dba sycamore ridge landfill, |
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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 Republic Services of Indiana, LP
dba Sycamore Ridge Landfill (“Respondent”), which owns/operates the facility
with Solid Waste Program ID No. 84-06 (“SWP”) located at 5621 E. Cottom Drive,
in Pimento, Vigo 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:
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Republic Services of Indiana, LP |
CT Corporation Services, Registered Agent |
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dba Sycamore Ridge Landfill |
Republic Services of Indiana, LP |
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Republic Services, Inc, General Partner |
334 North Senate Avenue |
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18500 North Allied Way |
Indianapolis, IN 46204 |
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Phoenix, AZ 85054 |
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Republic Services of Indiana, LP |
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dba Sycamore Ridge Landfill |
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Attn: Brent Goodsell, Area President |
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832 Langsdale Avenue |
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Indianapolis, IN 46202 |
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5.
Respondent was issued a Solid Waste Disposal
Facility Permit, SWP ID 84-06, renewal on March 11, 2019 (VFC# 82718432). The
permit expires November 2, 2023.
6.
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.
7. Pursuant to 329 IAC 10-20-23(a),
Respondent implements a Special Waste Program to identify potentially hazardous
waste. As part of that program, Respondent requires generators to submit
special waste profiles and supporting documentation about the waste. As part of
that program, Industrial Supply Company (“ISC”) submitted a certification that
the materials were not considered hazardous. ISC also submitted a safety data
sheet (“SDS”) which indicated under “Disposal Considerations” that the
materials were not considered a RCRA waste if uncontaminated. After the
materials were accepted for disposal, during a routine audit, Respondent
identified a discrepancy in the SDS which indicated that the flashpoint was
˂140 °F using the closed cup test method, meaning that the waste exhibited
a hazardous waste characteristic for ignitability (D001) notwithstanding
Metalloid Corporation’s SDS which indicated that it was not a RCRA waste.
Respondent notified IDEM of these circumstances as required by 329 IAC
10-20-23(a) on September 25, 2019.
8.
Based
upon the information submitted September 25, 2019 and
February 3, 2020 and an inspection conducted on September 25, 2019 the following
violations were found:
a. Pursuant to Permit Requirement A1, the
permittee must comply with 329 IAC 10 except where alternative specifications
or requirements are noted in approved plans or this
facility permit renewal dated March 11, 2019.
Respondent
accepted a load of nonconforming waste generated by Industrial Supply Company
(“ISC”) and transported by 478 Junk on September 5, 2019. Specifically, Respondent accepted five (5)
drums (275 gallons) of expired unused material generated by ISC. A safety data sheet (“SDS”) for the unused material,
Metdraw 711LF prepared by Metalloid Corporation,
accompanied the special waste profile indicated that it was not considered RCRA
hazardous waste if uncontaminated. However, the SDS for the material indicated that
the flashpoint was <140ºF using the closed cup test method, meaning the
waste exhibited a hazardous waste characteristic for ignitability (D001).
The
waste was then combined with additional non-hazardous wastes and solidified
with 15 cubic yards of saw dust in the solidification pit. Respondent conducted
one paint filter test, then put the waste into landfill for disposal.
b. Pursuant to
329 IAC 10-3-2(b), no hazardous waste that is regulated by 329 IAC 3.1 shall be
disposed at any solid waste land disposal facility regulated under this
article.
On
September 5, 2019, Respondent accepted five (5) drums (275 gallons) of
ignitable (D001) waste from ISC. The
waste was unused expired Metdraw 711LF. The waste was
then combined with additional non-hazardous wastes and solidified with 15 cubic
yards of saw dust in the solidification pit. Respondent conducted one paint
filter test, then put the waste into landfill for disposal.
c.
Pursuant
to 329 IAC 10-20-23, the owner, operator, or permittee of a Municipal Solid
Waste landfill (“MSWLF’) shall implement a program at the MSWLF for detecting
and preventing the disposal of regulated hazardous waste as determined by 40
CFR 261.3 or 329 IAC 3.1, polychlorinated biphenyl’s (PCB) waste as defined by
40 CFR 761 and unauthorized solid waste.
Respondent has a developed a program for
detecting and preventing the disposal of regulated hazardous waste but failed
to follow it. Specifically, the
Solidification Log provided in Exhibit D of the February 3, 2020
request confirms the solidified waste, the five drums of the ISC waste, and
additional non-hazardous waste solidified with saw dust, passed one paint filter
test. According to SW Permit renewal, SWP
ID 84-06 dated March 11, 2019 Requirement D9.f, the Permittee
is required to perform at least two paint filter liquid tests on a
representative sample of the solidified waste before disposal to confirm that
it does not contain any free liquids. The
Solidification Waste Log does not indicate that a second paint filter test was conducted.
Additionally, according to the minor
permit modification application dated April 14, 2005
the landfill operator is required to check the incoming waste to be solidified
for compatibility with different waste streams prior to intermixing and compatibility
with the reagent/absorbent before the waste is solidified. Respondent did not provide any records it
checked the compatibility of the ISC waste with other solidified wastes and
with the absorbent material at the time of solidification.
d.
Pursuant
to Permit Requirement A2, the Permittee must construct, operate, and
maintain the solid waste land disposal facility as described in the approved
plans and specifications.
As
noted during the inspection and record review, Respondent failed to follow its
own waste acceptance procedures included in the minor modification application
dated April 14, 2005 to determine the suitability of
the ISC waste for solidification. Specifically, Section 3.0 of the minor
modification application, titled “Waste Characterization Plan,” states only
non-hazardous wastes will be accepted for solidification. On August 28, 2019,
Respondent agreed to accept expired unused materials generated by ISC. The supporting documentation included an SDS
prepared by Metalloid Corporation for Metdraw 711LF. The SDS indicated that the material was not
considered RCRA hazardous waste if uncontaminated. However, the SDS indicated that
the flashpoint for Metdraw 711LF was <140ºF which
makes the material when accepted by Respondent an ignitable characteristic
hazardous waste. The Respondent failed to flag and reject the contradicting
information of the SDS during the acceptance process.
e.
Pursuant
to Permit Requirement D9, the Permittee must operate the solidification
process as described in the minor modification application dated April 14,
2005, the landfill operator is required to check the incoming waste to be
solidified for compatibility with different waste streams prior to intermixing
and compatibility with the reagent/absorbent before the waste is solidified.
As
noted during the inspection and record review, Respondent did not provide any
records confirming compatibility procedures were followed at the time of
solidification. Additionally, Permit
Requirement D9.f. requires the permittee perform at least two paint
filter liquids tests on a representative sample of the solidified waste before
its disposal to confirm that it does not contain any free liquids. The
permittee must maintain the results in the facility operating records. The
Solidification Waste Log provided in Exhibit D of the Request for
Determination of Equivalent Treatment Pursuant to 40 CFR § 268.42(b), dated
February 3, 2020 (VFC# 82914365) does not indicate that a second paint filter
test was performed to confirm the waste did not contain any free liquids,
therefore, the permittee did not comply with the facility permit for operating the
waste solidification process.
f.
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 such
activities on forms provided by the commissioner.
As noted during the record review,
Respondent did not notify the commissioner of its hazardous waste acceptance
and disposal activity on the approved forms.
Respondent did notify IDEM that the materials had been disposed of once
Respondent realized that the SDS was inconsistent and that the materials were
considered hazardous waste.
g. 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 record review,
Respondent does not have a permit for the acceptance and land disposal of
hazardous waste as identified or listed in 40 CFR Part 261.
h. 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 record review, Respondent does not have a permit to operate a
hazardous waste acceptance and disposal facility.
i. Pursuant to 40 CFR 268.40(a)(3),
prohibited waste may be land disposed only if it meets the requirements in the
Treatment Standards Table. The waste must be treated using the technology
specified in the table. For D001 wastes in the “High TOC [total organic carbon]
Ignitable Characteristic Liquid Subcategory” the treatment standards include
RORGS, CMBST or POLYM. Pursuant to 40 CFR 268.42 (a) and Table 1, RORGS
includes recovery of organics utilizing distillation or another specified
recovery process. CMBST includes a high temperature organic destruction
technology, such as combustion in an incinerator, boiler, or industrial
furnace. POLYM involves formation of complex high molecular weight solids
through polymerization of monomers in high-TOC D001 non-wastewaters which are
chemical components in the manufacture of plastics.
As
noted during the inspection and record review, Respondent land disposed D001
hazardous waste by mixing it with sawdust and then disposing it in the
landfill. This constituted land disposal of hazardous waste without treating it
pursuant to the required treatment technology.
j. Pursuant to 329 IAC 10-4-2, no person
shall cause or allow the storage, containment, processing, or disposal of solid
waste in a manner which creates a threat to human health or the environment,
including the creating of a fire hazard, vector attraction, air or water
pollution, or other contamination.
As noted during the inspection,
Respondent caused and/or allowed solid waste, including, but not limited to five
(5) drums of ignitable waste, to be processed and disposed at the Site in a
manner which creates a threat to human health or the environment including a
fire hazard.
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 acknowledge notice of this right and waive 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/permit conditions listed
in the findings of fact above.
3.
Within thirty (30) days of the Effective Date,
Respondent shall submit to IDEM for approval a work plan with timeframes for
the removal and proper disposal of the potentially impacted waste, the mixture
of the five (5) drums of hazardous waste (D001), non-hazardous waste and saw
dust, that was disposed in Respondent’s MSWLF.
4.
Upon the Effective Date, Respondent shall
comply with Permit Requirement A2.
Specifically, Respondent shall not accept for solidification
hazardous waste as required in Respondents minor modification application,
titled Waste Characterization Plan dated April 14, 2005, Section
3.0 and as required at 329 IAC 10-9-2(b)(3).
5.
Within thirty (30) days of the Effective Date,
Respondent shall comply with 329 IAC 10-20-3. Specifically, Respondent shall
submit to IDEM an updated waste acceptance procedure. The updated waste
acceptance procedure shall include implementing specific steps to ensure upon
arrival at the facility waste is properly screened to detect and prevent disposal
of regulated hazardous waste as determined by 40 CFR 261.3 or 329 IAC 3.1, polychlorinated
biphenyls (“PCB”) waste as defined in 40 CFR 761, and unauthorized solid waste.
6.
Within thirty (30) days of the Effective Date,
Respondent shall train the personnel who are responsible for approving special
waste acceptance on reviewing Safety Data Sheets for relevant information
related to hazardous waste determinations, including ignitability data and
proper disposal methods.
7.
Within fifteen (15) days of completing the
training, Respondent shall submit to IDEM training records which includes the
name and job title of the employees who completed the training and the training
materials.
8.
Upon the Effective Date, Respondent shall
comply with 40 CFR 268. Specifically, Respondent shall not dispose of any
regulated hazardous waste that does not meet Land Disposal Treatment Standards
at their facility.
9.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise
in writing, shall be sent to:
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Christina
Halloran, Enforcement Case Manager |
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Office
of Land Quality |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
10.
Pursuant
to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Eighteen
Thousand Dollars ($18,000). Said penalty amount shall be due and payable to the
“Environmental Management Special Fund” within thirty (30) days of the
Effective Date; the thirtieth day being the “Due Date.”
11.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess
and Respondent shall pay stipulated penalties in the following amounts:
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Paragraph |
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Order
paragraph #5 |
$100
per week |
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Order
paragraph #6 |
$100
per week |
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Order
paragraph #7 |
$100
per week |
12.
Stipulated penalties shall be due and payable
no later than the thirtieth day after Respondent receives written notice that Complainant has determined a stipulated
penalty is due; the thirtieth 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 a 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.
13.
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:
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Indiana
Department of Environmental Management |
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Accounts
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
14.
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 13, above.
15.
Signatories to this Agreed Order certify that they
are fully authorized to execute this Agreed Order and legally bind the party
they represent.
16.
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.
17.
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.
18.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
19.
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.
20.
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.
21.
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.
22.
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.
23.
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.
24.
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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Office of
Land Quality |
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Title: ________________________ |
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Date: _5/5/2021___________ |
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
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DAY
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For the Commissioner: |
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_Signed
06/16/2021 By: |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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