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. 2021-28028-S
					)
Liquid Waste Removal, 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 Liquid Waste Removal, Inc. (“Respondent”), which operates the facility with Solid Waste Program ID No. 41-04 (“Permit”) and EPA ID No. IND 985046499, located at 500 S. Polk Street, Suite 100, in Greenwood, Johnson 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:

Justin Dukes, President and Registered Agent for

Liquid Waste Removal, Inc.

PO Box 795

500 S. Polk St, Suite 100

Greenwood, IN 46143

jdukes@liquidwasteremoval.com

5. Respondent was issued a Solid Waste Facility Permit No. 41-04, for a Solidifier Processing Facility on June 23, 2016. Respondent notified as a hazardous waste transporter on February 20, 2019 and is authorized to store hazardous waste in the regular course of transportation for ten (10) days or less.

6. During an investigation including an inspection on July 28, 2021, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“IAC”) 11-13-5.5, Waste Criteria, Solid waste processing facilities may accept all solid waste regulated under this article except the following: (1) Hazardous waste that is regulated by 329 IAC 3.1. (2) Solid waste that is prohibited by the facility permit.

As noted during the inspection, Respondent caused or allowed the acceptance and transportation of at least six-thousand one hundred (6,100) gallons of ignitable (D001) and corrosive (D002) hazardous waste to CGS Landfill, a municipal solid waste landfill that is not a permitted RCRA Part B treatment, Storage, or Disposal (“TSD”) facility, for solidification and disposal. Respondent did not conduct a waste analysis on the waste to ensure the waste was non-hazardous waste prior to transport to the municipal solid waste landfill.

On June 10, 2021, it was documented that the amount of hazardous waste shipped by the generator and transported by the Respondent was 297 pounds of D001 hazardous waste (Xiameter PMN 1184) and 457 pounds of D002 hazardous waste (Sodium hydroxide 18% AQ SCL).

On May 27, 2022, documentation was provided by the Respondent that included Global Positioning System (GPS) logs. Documentation indicates the D001 and D002 hazardous waste was transported by the Respondent straight to CGS Landfill from the generator (Accra-Pac). Respondent did not accept nor process the waste at their facility but acted solely as the transporter.

b. Pursuant to Solid Waste Facility Permit No. 41-04 (“Permit”), issued to Respondent on June 23, 2016, condition A1(a) requires types of solid waste to be processed, including analysis already done on the wastes, and a description of the sampling and analysis methods and equipment used. All non-hazardous waste received at the facility is to be determined nonhazardous prior to shipment or receipt.

As noted during the inspection, Respondent caused or allowed the acceptance and transportation of hazardous waste to CGS Landfill for solidification and disposal. Respondent did not conduct any analysis for hazardous waste characteristics on the waste to ensure the waste was non-hazardous waste prior to transport, solidification, and disposal.

c. Pursuant to Permit, issued to Respondent on June 23, 2016, condition A1(b) requires Respondent to include any proposed analysis of the waste stream including sampling procedures and analytical methods (or other supporting documentation) prior to shipment or receipt.

As noted during the inspection, Respondent caused or allowed transport, solidification, and disposal of hazardous waste without sufficient analysis of the waste stream.

d. Pursuant to 40 Code of Federal Regulations (“CFR”) 263.20(a)(1) and Indiana Code (“IC”) 13-30-2-1(12), no person shall cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.

As noted during the inspection, Respondent caused or allowed the transportation of a hazardous waste without a manifest as required by law.

e. Pursuant to IC 13-30-2-1(11), no person shall cause or allow the transportation of a hazardous waste to be delivered to a non-permitted hazardous waste storage facility.

As noted during the inspection, Respondent caused or allowed the delivery of at least six-thousand one hundred (6,100) gallons of D001 ignitable and D002 corrosive hazardous waste to CGS Landfill, which is not a RCRA Part B permitted Treatment, Storage, or Delivery (“TSD”) facility.

7. 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 rule and permit conditions listed in the findings of fact above.

3. Upon the Effective Date, Respondent shall ensure proper U.S. Department of Transportation (“DOT”) hazardous waste manifests accompany all future hazardous waste shipments.

4. Within thirty (30) days of the Effective Date, Respondent shall provide documentation to IDEM describing procedures implemented to verify the types and amounts of waste transported or received by Respondent. Documentation shall also include a description of manifest procedures.

5. 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

6. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Seven Thousand Dollars ($7,000). Respondent shall pay by the due date printed on the Invoice, as attached.

Civil and stipulated penalties are payable to the “Environmental Management Special Fund” by:

Mail:

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

Online:

Accounts Receivable is accepting payments online by e-Check, Master Card, Visa or Discover. Please visit www.IN.gov/IDEM. Under Online Services, click Online Payment options and follow the prompts. A processing fee of $1 plus 1.99% will be charged for credit card payments. A processing fee of $1.00 will be charged for eCheck payments.

The Case Number is required to complete the process.

Phone:

You may also call us at 317-234-3099 and follow the instructions for Master Card, Visa or Discover payments. A processing fee of $1 plus 1.99% will be charged for credit card payments. A processing fee of $1.00 will be charged for eCheck payments.

The Case Number is required to complete the process.

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 an additional penalty of 10 percent, 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

By: ___________				By: _________________________
	Jennifer Reno, Section Chief
	Land Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________

Date: _______________				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 08/04/22
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality