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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
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Complainant, |
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v. |
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Case No. 2021-27748-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 pursuant to a Permit dated April 28, 2017 (modified
December 17, 2018). Respondent operates as a large quantity generator of
hazardous waste.
4.
IDEM has jurisdiction over the parties and the
subject matter of this action.
5.
Pursuant to IC 13-30-3-3, on May 3. 2021, 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 December 9, 2020, conducted by a representative of IDEM, the following
violations were found:
a. 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, one (1)
hazardous waste container (D006077231, Manifest 014807521FLE) was observed in
poor condition.
b. 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 ½ feet) to facilitate inspection.
As noted during the inspection,
Respondent did not maintain adequate aisle spacing between several rows in Area
7, North Apron and in the South Apron.
c. 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. Documentation of
container movement from a permitted storage area to a staging area followed by
placement into a permitted storage area will include the identification of the
container, the date of movement, the time the first container was removed from
permitted storage, the location of the staging area, and the time the first
container was removed from staging area and placed into permitted storage. This documentation shall be maintained for 30
days.
As noted during the inspection,
Respondent:
1. Allowed thirty-one (31) containers, see
below, with liquid, to be stored in a solids only
permitted area(s) for greater than 12 hours. In addition, these containers were
not listed on the 12-hour staging log.
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# |
Storage Location |
Container ID |
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1 |
Area
7, North Apron |
D006137625 |
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2 |
Area
7, North Apron |
D006134469 |
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3 |
Area
7, North Apron |
D006134467 |
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4 |
Area
7, North Apron |
D006131030 |
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5 |
Area
7, North Apron |
D006131028 |
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6 |
Area
7, North Apron |
D006134201 |
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7 |
Area
7, North Apron |
D006131016 |
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8 |
Area
7, North Apron |
D006134200 |
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9 |
Area
7, North Apron |
D006134444 |
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10 |
Area
7, North Apron |
D006134470 |
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11 |
Area
7, North Apron |
D006134453 |
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12 |
Area
7, North Apron |
D006131017 |
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13 |
Area
7, North Apron |
D006131015 |
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14 |
Area
7, North Apron |
D006126251 |
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15 |
Area
7, North Apron |
D006079953 |
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16 |
Area
7, North Apron |
D006079954 |
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17 |
Area
7, North Apron |
D006134454 |
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18 |
Area
7, North Apron |
D006133482 |
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19 |
Area
7, North Apron |
D006133484 |
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20 |
Area
7, North Apron |
D006134436 |
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21 |
Area
7, North Apron |
D006134442 |
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22 |
Area
7, North Apron |
D006134438 |
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23 |
Area
7, North Apron |
D006134439 |
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24 |
Area
7, North Apron |
D005973789 |
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25 |
Area
7, North Apron |
D006134440 |
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26 |
Area
7, North Apron |
D006134451 |
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27 |
Area
7, A-5 |
D006137092 |
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28 |
Area
7, A-5 |
D006137090 |
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29 |
Area
7, A-5 |
D006137106 |
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30 |
Area
7, A-5 |
D006137088 |
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31 |
Area
7, A-5 |
D006137089 |
2. Allowed one (1) hazardous waste
container (D006137637) to be stored east of the portable dock, which is an
unpermitted storage area. In addition,
the container was not on the 12-hour staging log.
3. Allowed eleven (11) containers on the
ramp to Area 7, North Apron, to be stored next to the shredder, which is an
unpermitted hazardous waste storage area. The containers were on the 12-hour
staging log but were in the wrong location. The log stated the location as SDS
1 or SDS II. The eleven containers area as follows:
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# |
Storage Location |
Container ID |
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1 |
Area
7, North Apron, Ramp |
D006006159 |
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2 |
Area
7, North Apron, Ramp |
D006108906 |
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3 |
Area
7, North Apron, Ramp |
D005939111 |
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4 |
Area
7, North Apron, Ramp |
D006070982 |
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5 |
Area
7, North Apron, Ramp |
D006024550 |
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6 |
Area
7, North Apron, Ramp |
D006089638 |
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7 |
Area
7, North Apron, Ramp |
D006104387 |
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8 |
Area
7, North Apron, Ramp |
D005815238 |
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9 |
Area
7, North Apron, Ramp |
D006070945 |
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10 |
Area
7, North Apron, Ramp |
D006054925 |
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11 |
Area
7, North Apron, Ramp |
D006042556 |
8.
Respondent complied with Findings of Fact
Paragraph 7 a-c.
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 and
permit conditions listed in the findings of fact above.
3.
Immediately upon the Effective Date, Respondent
shall comply with 40 CFR 264.171 and Permit Condition III.C. Specifically,
Respondent shall ensure containers holding hazardous waste are in good condition and
not leaking.
4. Immediately upon the Effective Date,
Respondent shall comply with Permit Condition III.E.1.c. Specifically, Respondent
shall maintain adequate aisle spacing in container storage areas.
5. Immediately upon the Effective Date,
Respondent shall comply with Permit Condition III.E.2.a and
Permit Attachment D, Table D-1. Specifically, Respondent shall ensure containers
with liquid are stored only in liquid permitted/approved areas for the approved
time limits and that containers are documented on the 12-hour staging log as
required.
6. Respondent
is assessed and agrees to pay a civil penalty of Twenty-One Thousand Dollars
($21,000). Within thirty (30) days of the Effective Date of the Agreed Order,
Respondent shall pay a portion of this penalty in the amount of Four Thousand Two
Hundred Dollars ($4,200). Said penalty amount shall be due and payable to the
“Environmental Management Special Fund” within thirty (30) days of the
Effective Date; the 30th day being the “Due Date.”
In lieu of payment to IDEM of the
remaining civil penalty, Respondent shall, as a Supplemental Environmental
Project (SEP), make a cash payment of Sixteen Thousand Eight Hundred Dollars ($16,800)
to the United States Environmental Protection Agency to partially support the
Great Lakes Legacy Act project described in Subparagraph A. below. Respondent
shall make such payment in accordance with Subparagraph E through G below.
Timely, full payment to the United States Environmental Protection Agency
satisfies Respondent’s obligation to undertake a SEP to offset a portion of the
civil penalty assessed in this matter.
A. The project to be partially supported by
the SEP lies within the Grand Calumet River / Indiana Harbor Ship Canal Great
Lakes Area of Concern (AOC) designated by the International Joint Commission.
Specifically, the project consists of sediment remediation and habitat
restoration in and adjacent to a 3.1-mile reach of the East Branch Grand
Calumet River (EBGCR) that extends from the most upstream boundary of either
the: (1) ConRail Bridge; or (2) the downstream
terminus of the US Steel sediment project (near the Gary Sanitary District
National Pollutant Discharge Elimination System permitted outfall) to Cline
Road.
B. If, following deposit of the funds
pursuant to Subparagraphs F through G of this Agreed Order, IDEM determines
that the aforementioned Great Lakes Legacy Act project
is no longer viable, the agency reserves the right to apply the cash payment
described in Subparagraph A to another, similar Great Lakes Legacy Act project
within the Grand Calumet River / Indiana Harbor Ship Canal AOC.
C. The implementation of this SEP will
benefit human health and the environment within the AOC by reducing exposure to
sediment contaminants, including PCBs, oil and grease, and heavy metals, via
direct contact and through the food chain. Remediation of contaminated sediments
is the key action that has been identified as needed to remove six of the 12
remaining Beneficial Use Impairments (“BUIs”) negatively impacting the AOC.
These BUIs are:
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Restrictions on
fish and wildlife consumption
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Tainting of fish
and wildlife flavor
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Fish tumors or
other deformities
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Bird or animal
deformities or reproduction problems
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Degradation of
benthos (aquatic organisms that live on, in, or near the bottom of waterways)
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Restriction on
dredging activities.
D. In addition to the direct impacts on
human health and the environment, remediation of contaminated sediment at Great
Lakes AOCs has been linked to economic growth and revitalization at affected
communities.
E. Respondent agrees to invoicing by the
United States Environmental Protection Agency, for the full amount of the SEP,
via electronic mail sent to the following address for Tita LaGrimas, VP
Regulatory Affairs and Sustainability, Tradebe Environmental Services, LLC: Tita.LaGrimas@tradebe.com.
F. The Respondent shall render payment via
check to the United States Environmental Protection Agency by the due date
printed on the Invoice, which shall be no sooner than 30 days following the
issuance of the Invoice. The Respondent shall include the account number listed
on the invoice in the memo line of the check. The check shall be sent via
Certified Mail or an equivalent shipping method utilizing signed receipt
confirmation, along with a printed copy of the invoice received from the United
States Environmental Protection Agency, to:
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U.S.
Environmental Protection Agency |
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FOIA
& Miscellaneous Payments |
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Government
Lockbox 979078 |
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1005
Convention Plaza |
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SL-MO-C2-GL |
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St.
Louis, MO 63101 |
H. In the event that Respondent does not make its SEP payment
to the United States Environmental Protection Agency by the due date printed on
the invoice, 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 to IDEM
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 due date printed on the invoice received from the
United States Environmental Protection Agency until the full civil penalty is
paid.
7.
The civil penalty is 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 |
8.
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 7, above.
9.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
10.
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.
11.
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.
12.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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:
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By: _________________________ |
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Jennifer Reno, Section Chief |
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Enforcement Section |
Printed:
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Office of Land Quality |
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Title:
________________________ |
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Date:
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Date:
_______________________ |
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COUNSEL
FOR RESPONDENT: |
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By:
________________________ |
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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 11/4/2021 |
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Peggy
Dorsey, Assistant Commissioner |
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Office
of Land Quality |
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