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. 2021-28170-H
					)
john force racing, 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 John Force Racing, Inc., which owns and operates the facility located at 498 Southpoint Circle, in Brownsburg, Hendricks 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, on December 21, 2021 IDEM issued a Notice of Violation (“NOV”) to:

Robert Hight, President	Kelly Antonelli, Registered Agent
John Force Racing, Inc.	John Force Racing, Inc.
22722 Old Canal Road	498 Southpoint Circle
Yorba Linda, CA 92887	Brownsburg, IN 46112

5. 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.

6. During an investigation including an inspection on October 5, 2021, conducted by a representative of IDEM, the following violations were found:

a. 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 its hazardous waste activity on the approved forms.

As noted during the inspection, Respondent failed to notify the Commissioner of its hazardous waste activities. Respondent became a large quantity generator as indicated by the following manifest: Manifest # 019392804JJK, 5,004 pounds, dated January 22, 2020. Respondent stated an anodizing bath cleanout had occurred, which caused the one-time generation.

b. Pursuant to 40 CFR 262.13, a generator must determine its generator category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month.

As noted during the inspection, Respondent operated as a large quantity generator as indicated by the following manifest: Manifest # 019392804JJK, 5,004 pounds, dated January 22, 2020. Respondent stated an anodizing bath cleanout had occurred, which caused the one-time generation.

c. Pursuant to 329 IAC 3.1-1-13, the Commissioner shall require the use of identification numbers issued by the U.S. Environmental Protection Agency (U.S. EPA).

Pursuant to 40 CFR 262.20(a), a generator who sends hazardous waste off-site must ensure that manifests are fully filled out and contain accurate information.

As noted during the inspection, Respondent did not include all of the required information on Manifest # 019392804JJK, dated January 22, 2020. Specifically, Respondent shipped hazardous waste off-site without having an U.S. EPA ID number.

d. Pursuant to IC 13-22-4-3.1(c), an LQG, i.e., a person that generates, in any one or more calendar months of a calendar year:

a) more than one thousand (1,000) kilograms of hazardous waste;

b) at least one (1) kilogram of acute hazardous waste; or

c) at least one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department either the biennial report required by the United States Environmental Protection Agency (EPA) concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, that summarizes the person's hazardous waste shipments during the previous calendar year. LQGs are required to submit the Hazardous Waste Biennial Report required by the EPA by March 1 of each even numbered year and the IDEM annual manifest report by March 1 of each odd numbered year.

Respondent failed to submit a 2020 Annual Manifest Report (due March 2021). Respondent operated as a large quantity generator of hazardous waste in 2020.

e. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.260, a generator must have a contingency plan for the facility.

As noted during the record review and inspection, Respondent did not have a contingency plan.

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 statute and rules listed in the findings above or any incorporated federal equivalent thereof, as applicable.

3. Within thirty (30) days of the Effective Date, Respondent shall submit notification of its hazardous waste activity on the approved forms to IDEM’s Regulatory Reporting Section and shall notify that Section if ever there is any change to its status.

Respondent shall ensure compliance with 40 CFR 262 (small quantity generator or large quantity generator requirements), to include creation of a Contingency Plan.

4. Within thirty (30) days of the Effective Date, Respondent shall submit the 2020 Annual Manifest Report (due March 2021). Instructions can be found here: https://www.in.gov/idem/waste/resources/applications-and-forms/annual-report-and-biennial-report/.

5. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Ten Thousand Two Hundred Dollars ($10,200). 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.”

6. 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 # 3	$100 per week
Order paragraph # 4	$100 per week

7. 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.

8. 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

9. 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 8, above.

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

11. 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.

12. 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.

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

14. 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.

15. 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.

16. 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.

17. 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.

18. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the 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.

19. 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 01/25/22______
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality