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. 2021-27816-H
					)
TRADEBE TREATMENT AND RECYCLING, 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 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, June 16, 2021, IDEM issued a Notice of Violation (“NOV”) to:

Victor Cerixell De Villalonga, Manager	Corporation Service Company, Registered Agent
Tradebe Treatment and Recycling, LLC	Tradebe Treatment and Recycling, LLC
234 Hobart Street	135 North Pennsylvania Street, Suite 1610
Meriden, CT 06450	Indianapolis, IN 46204
Tita LaGrimas, VP Regulatory Affairs	Timothy Denhof, EHS Manager
Tradebe Treatment and Recycling, LLC	Tradebe Treatment and Recycling, LLC
1433 East 83^rd Avenue, Suite 200	4343 Kennedy Avenue
Merrillville, IN 46410	East Chicago, IN 46312
Email: Tita.LaGrimas@tradebe.com	Email: timothy.denhof@tradebe.com

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 April 13, 2021 and April 14, 2021, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.17(a)(2), referencing 40 CFR 265.192(a), a large quantity generator with a new tank system must have a written assessment certified by a qualified professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity.

As noted during the inspections, six (6) Baker/Frac Tanks, located in Area 1 and Trailer Leg (Area 8), did not have integrity assessments, as required, for each hazardous waste tank system at the facility.

Respondent emptied the six (6) Baker/Frac Tanks on or before May 19, 2021.

b. Pursuant to 40 CFR 262.17(a)(2) referencing 40 CFR 265.193, all new and existing tank systems must have secondary containment systems operated to prevent the migration of waste or liquid out of the system and be capable of detecting and collecting releases and accumulated liquid. The system must be lined with or constructed of materials compatible with the waste and provided with a leak detection system that will detect a release within 24 hours. The system must be free of cracks or gaps.

As noted during the inspections, six (6) Baker/Frac Tanks, located in Area 1 and Trailer Leg (Area 8), did not have adequate secondary containment as required, for each hazardous waste tank system at the facility. In addition, the secondary containment for the Trailer Leg (Area 8), FM 5229 & N 49125, and Area 2 Tank Farm had accumulated precipitation, which had been there for greater than 24 hours.

Respondent removed accumulated precipitation from the Area 2 secondary containment on April 13, 2021.

Respondent emptied the six (6) Baker/Frac Tanks on or before May 19, 2021.

c. Pursuant to 40 CFR 262.17(a)(2) referencing 40 CFR 265.194(a), hazardous waste must not be placed in a tank system if it could cause the tank, its ancillary equipment, or the secondary containment system to fail.

As noted during the inspections, six (6) Baker/Frac Tanks, located in Area 1 and Trailer Leg (Area 8), did not have appropriate controls and practices to prevent spills and overflows from the tanks into secondary containment, as required, for each hazardous waste tank system at the facility.

Respondent emptied the six (6) Baker/Frac Tanks on or before May 19, 2021.

d. Pursuant to 40 CFR 262.17(a)(2) referencing 40 CFR 265.195, a large quantity generator must inspect tank systems once each operating day. Large quantity generators of tank systems that either use leak detection equipment to alert facility personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect tank systems at least weekly. Use of the alternate inspection schedule must be documented.

As noted during the inspections, six (6) Baker/Frac Tanks, located in Area 1 and Trailer Leg (Area 8), did not have daily inspections being conducted, as required, for each hazardous waste tank system at the facility.

Respondent emptied the six (6) Baker/Frac Tanks on or before May 19, 2021.

e. Pursuant to 40 CFR 264.171 and Permit Condition III.C, if a container holding hazardous waste is not in good condition (e.g., appreciable rusting, apparent structural defects) or if it begins to leak, the Permittee must transfer the hazardous waste from such container to a container that is in good condition or otherwise manage the waste in compliance with the conditions of this permit.

As noted during the inspections, six (6) containers were noted in poor condition: D006336896, D006146530, D006610930, D006160789, black Veolia drum (Area 7, A-1), and a black drum (Area 7, A-6).

f. 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(6). 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 during the inspections, four (4) containers were not marked with an internal acceptance or precode label: one (1) cardboard box (South Apron), one (1) 55-gallon container of corrosive oxidizer (Area 7, North Apron), one (1) 55-gallon container with a Univer label (Area 7, North Apron), and one (1) black drum (Area 7, A-6).

g. Pursuant to 40 CFR 264.173(b) and Permit Attachment D, Permit Condition D-1a(2).M.1.c, 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.

As noted during the inspections, seven (7) pallets were stacked in an unstable configuration: One (1) pallet in Area 2 and six (6) pallets in Area 3.

h. Pursuant to 40 CFR 264.173(b) and Permit Attachment D, Permit Condition D-1a(2).M.1.e, units holding containers of less than 30-gal can only be stacked upon if the containers are either secured on a pallet (e.g., banding, shrink wrapping) or stacked a maximum of 2 high.

As noted during the inspections, 211 pallets were stacked above the maximum of 2 high: thirty (30) pallets in Area 2 and 181 pallets in Area 3.

i. 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 inspections, 757 containers, with liquid, were stored/staged in a solid only permitted area(s) for greater than 12 hours, see below:

Storage Location	Container ID
Northeast Apron	19 pallets [76 containers]
Northeast Apron	D006119043
East Apron	21 pallets [84 containers]
Area 4 South Apron	66 pallets [264 containers]
Area 7 North Apron	56 pallets [224 containers]
Area 7 North Apron	D006598553
Area 7 North Apron	D006598554
Area 7 North Apron	D006529382
Area 7 North Apron	D005802309
South Leg	26 pallets [104 containers]

Respondent removed the East Apron 21 pallets [84 containers] to a liquid storage permitted area on April 14, 2021.

j. 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 within 3 operating days after entering the facility boundary (or contiguous property controlled by the permittee). Incoming hazardous waste from an off-site generator shall be placed in permitted units within 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.

As noted during the inspections, Trailer Leg- PCI072 (Semi-box Trailer) was held for greater than 72 hours, in a non-permitted area, without all or part the shipment being rejected.

8. Respondent complied with Findings of Fact Paragraph 7 a-j.

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 Attachment D, Permit Condition D-1(a)2.I. Specifically, Respondent shall ensure containers are marked with a container specific identification number or symbol.

5. Immediately upon the Effective Date, Respondent shall comply with 40 CFR 264.173(b) and Permit Attachment D, Permit Condition D-1a(2).M.1.c. Specifically, Respondent shall ensure containers are stacked in a stable configuration.

6. Immediately upon the Effective Date, Respondent shall comply with 40 CFR 264.173(b) and Permit Attachment D, Permit Condition D-1a(2).M.1.e. Specifically, Respondent shall ensure containers are not above the maximum of 2 high.

7. 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.

8. Immediately upon the Effective Date, Respondent shall comply with Permit Condition III.E.2.d and Permit Attachment D, Table D-1. Specifically, Respondent shall ensure incoming hazardous secondary materials are not held for greater than 72 hours, in a non-permitted area, without all or part the shipment being rejected.

9. Respondent is assessed and agrees to pay a civil penalty of Thirty Thousand Dollars ($30,000). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Six Thousand Dollars ($6,000). 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 Twenty-Four Thousand Dollars ($24,000) 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 F 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:

· Restrictions on fish and wildlife consumption

· Tainting of fish and wildlife flavor

· Fish tumors or other deformities

· Bird or animal deformities or reproduction problems

· Degradation of benthos (aquatic organisms that live on, in, or near the bottom of waterways)

· 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:

U.S. Environmental Protection Agency

FOIA & Miscellaneous Payments

Government Lockbox 979078

1005 Convention Plaza

SL-MO-C2-GL

St. Louis, MO 63101

G. Respondent shall provide Complainant with: (1) documentation of payment, (2) a copy of the invoice issued by the United States Environmental Protection Agency and (3) a copy of this Agreed Order via Certified Mail within one (1) week of such payment.

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.

10. 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

11. 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 10, above.

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

13. 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.

14. 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.

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

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: _______________________
				COUNSEL FOR RESPONDENT:
				By: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		______	DAY OF	_______________, 20_____.
				For the Commissioner:
				Signed 11/4/2021
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality