STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case Nos. 2020-27410-H and 2020-27492-S
					)
EQ INDUSTRIAL SERVICES, INC.					)
					)
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 EQ Industrial Services, Inc. (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR00012564 and Solid Waste Processing Facility Permit with Solid Waste Program ID 49-59 (“Permit”), located at 2650 North Shadeland Avenue, 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:

EQ Industrial Services, Inc.	C T Corporation system, Registered Agent for
Attn: Simon G. Bell, Director	EQ Industrial Services, Inc.
Attn: Jeffrey R. Feeler, Director	334 Senate Avenue
2701 North I-94 Service Drive	Indianapolis, IN 46204
Ypsilanti, MI 48198

5. Respondent notified EPA of Very Small Quantity Generator activities.

6. Respondent offers hazardous waste transportation, 10-day hazardous waste transfer facility, industrial cleaning, lab pack, and LTL service.  The facility is permitted to accept non-hazardous liquids and solids as well as universal waste.

7. 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.

8. During an investigation including inspections on July 14, 2020 and November 16, 2020 and a record review on September 7, 2020, conducted by representatives of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.11: A person who generates a solid waste, as defined in 40 CFR 261.2, must make an accurate determination as to whether the waste is a hazardous waste in order to ensure wastes are properly managed according to applicable RCRA regulations.

As noted during the record review, Respondent did not make a proper hazardous waste determination on thirty-two (32) 235-gallon totes of wastewater. The totes of wastewater were generated by a facility located in Iowa and shipped to Respondent as a non-hazardous waste. Based on information received IDEM believes that Helena Industries Inc. located in Des Moines, IA is the original point of generation. The totes were sampled by Respondent while on-site at the request of the receiving facility. Lab analysis indicated the totes were hazardous waste. By virtue of accepting the waste, holding the waste for greater than ten (10) days allowed as a hazardous waste transfer facility, the Respondent became subject to TSD requirements and were required to prepare a manifest for off-site shipment.

b. Pursuant to 40 CFR 262.20, a generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal, must prepare a manifest. A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest. A generator may designate an alternate facility to handle his waste in the event that an emergency prevents delivery of the waste to the primary designated facility.

As noted during the record review, Respondent offered thirty-two (32) 235-gallon totes of D016, U240 wastewater for transportation without preparing a manifest.

c. Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.

As noted during the record review, Respondent caused or allowed the transportation of thirty-two (32) 235-gallon totes of D016, U240 wastewater without a hazardous waste manifest as required by law.

d. Pursuant to 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a), a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed. With the initial shipment of hazardous waste to each treatment or storage facility, the generator must send a one-time written notice to each facility receiving the waste and place a copy of the notice in the generator file.

As noted during the inspection, Respondent failed to determine if the D016, U240 wastewater was restricted from land disposal. Additionally, Respondent failed to submit a one-time written notice to the receiving facility and place a copy of the notice in the generator file.

e. 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 inspection, Respondent stored D016, U240 hazardous waste identified or listed in 40 CFR Part 261 without a permit.

f. 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 operated a hazardous waste facility without having first obtained a permit from the department when it stored thirty-two (32) 235-gallon totes of D016, U240 hazardous waste.

g. Pursuant to Permit Requirement C2, the permittee is approved to accept solid waste as defined by 329 IAC 11-2-39 and as described in the Section A of “Descriptive Narrative Describing the Proposed Operation,” dated June 17, 2016 (VFC #80318967, p. 3 – 4 of 13).

As noted during the inspection, Respondent accepted two separate shipments of sixteen (16) 235-gallon totes of D016, U240 hazardous waste into the facility.

h. Pursuant to Permit Requirement C4, the permittee must store only non-hazardous wastes in container storage areas designated for non-hazardous wastes.

As noted during the inspection, Respondent stored D016, U240 hazardous waste in container storage areas designated for non-hazardous waste.

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 statutes, rules, and permit conditions listed in the findings of fact above.

3. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.11(a). Specifically, Respondent shall conduct proper waste determinations in the future.

4. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically, Respondent shall properly manifest hazardous waste prior to shipment.

5. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a). Specifically, Respondent shall determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed.

6. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.17(a)(9) referencing 40 CFR 268.7(a). Specifically, Respondent shall submit a one-time written notice to the receiving facility when shipping hazardous waste and place a copy of the notice in the generator file.

7. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 270.1(c) and IC 13-30-2-1(10). Specifically, Respondent shall not accept and/or store any hazardous waste as identified or listed in 40 CFR Part 261 without obtaining a permit from the department.

8. Upon the Effective Date of the Agreed Order, Respondent shall comply with Permit Requirement C2. Specifically, Respondent shall accept solid waste only as defined by 329 IAC 11-2-39.

9. Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall provide to IDEM a detailed description of actions it has completed to ensure only solid waste is received in the future.

10. Upon the Effective Date of the Agreed Order, Respondent shall comply with Permit Requirement C4. Specifically, Respondent shall store only non-hazardous waste in container storage areas designated for non-hazardous waste.

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

Debbie Chesterson, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

12. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty-One Thousand Dollars ($21,000). 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.”

13. 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:

Paragraph	Stipulated Penalty
Order paragraph #9	$100 per week

14. 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.

15. 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

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

16. 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 15, above.

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

18. 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.

19. 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.

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

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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, Section Chief
	Land Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: _6/2/2021_____________				Date: _______________________
				COUNSEL FOR RESPONDENT:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_________	DAY OF	________________________,	20__.
				For the Commissioner:
				Signed on 7/12/21____________________
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality