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. 2022-28657-H
					)
lighting resources, 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 Lighting Resources, LLC (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IN0000351387, located at 498 Park 800 Drive, 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:

Lighting Resources, LLC	Daniel P. Gillespie, Registered Agent for
Attn: Kari Porter, CFO	Lighting Resources, LLC
1919 Williams Street Suite 350	498 Park 800 Drive
1919 Williams Street Suite 350	Greenwood, IN 46131

5. Respondent has a RCRA permit for container storage issued on November 1, 2021. Respondent also notified of Large Quantity Generator for hazardous waste activities and a Large Quantity Universal Waste Handler.

6. Respondent processes and recycles fluorescent lamps, high intensity discharge lamps, mercury containing devices, and calcium phosphor dust from off-site facilities. Respondent also acts as a transfer facility for PCB ballasts, electronic waste, and batteries.

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 an inspection on April 14, 2022, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.17(a), a large quantity generator that accumulates hazardous waste on site for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270 unless he has been granted an extension to the 90-day period.

As noted during the inspection, Respondent stored hazardous waste on-site for greater than 90 days in an unpermitted storage area. Specifically, three (3) 55-gallon containers of D009 hazardous waste were stored for greater than 90 days.

b. Pursuant to 40 CFR 262.17(a)(1)(v), at least weekly, the large quantity generator must inspect central accumulation areas. The large quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors.

As noted during the inspection, Respondent failed to conduct adequate weekly inspections of hazardous waste containers in the 90-day storage area.

c. Pursuant to 40 CFR 262.17(a)(5)(i)(A), a large quantity generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container is labeled or marked clearly with the words "Hazardous Waste."

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not label or clearly mark four (4) 55-gallon containers and five (5) 5-gallon containers of D009 hazardous waste located in the 90-day storage area with the words "Hazardous Waste."

d. Pursuant to 40 CFR 262.17(a)(5)(i)(B), a large quantity generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container is labeled or marked with an indication of the hazards of the contents.

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not label or clearly mark twenty (20) 55-gallon containers and five (5) 5-gallon containers of D009 hazardous waste located in the 90-day storage area containers with an indication of the hazards of the contents.

e. Pursuant to 40 CFR 262.15(a)(5)(ii), a generator must mark or label its satellite hazardous waste containers with an indication of the hazards of the contents.

As noted during the inspection, Respondent accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark satellite accumulation containers with an indication of the hazards of the contents. Specifically, Respondent did not properly mark one (1) 30-gallon container and one (1) 55-gallon container of D009 hazardous waste located in the Retort Area and one (1) 55-gallon container of D009 hazardous waste located in the Processing Room with an indication of the hazards of the contents.

f. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.255, a large quantity generator must maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment to any area of facility operation in an emergency.

As noted during the inspection, Respondent failed to provide the required aisle space in 90-day storage area.

g. Pursuant to Permit Condition III. Container Storage Conditions (E) (Management of Containers) (2)(a), the Permittee is allowed to “stage” incoming containerized wastes in designated areas. Incoming waste must be processed or placed in permitted units within 3 operating days after entering the facility boundary (or contiguous property controlled by the permittee) unless the permittee rejects all or part of the shipment. In the case of rejected loads the permittee will have an additional 60 days to ship the waste off-site to an alternate TSDF or to the generator (40 CFR264.72) During this timeframe the permittee must ensure that the rejected load is maintained in a secure location and clearly labeled. Operating day is defined as any 24-hour period during which at least a partial shift is worked by employees who process, treat, place into storage, or dispose of hazardous waste at the facility.

As noted during the inspection, five (5) 5-gallon containers of D009 hazardous waste containing mercury tracker boxes had been stored in the 90-day storage area for an unknown amount of time. Respondent failed to process or place the containers in the permitted units within 3 operating days after entering the facility boundary.

h. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.262(b), a large quantity generator that first becomes subject to these provisions after May 30, 2017, or a large quantity generator that is otherwise amending its contingency plan must at that time submit a quick reference guide of the contingency plan to the local emergency responders identified at paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee. The quick reference guide must include:

(1) The types/names of hazardous wastes in layman’s terms and the associated hazard associated with each hazardous waste present at any one time.

(2) The estimated maximum amount of each hazardous waste that may be present at any one time.

(3) The identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff.

(4) A map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes.

(5) A street map of the facility in relation to surrounding businesses, schools, residential areas to understand how best to get to the facility and also evacuate citizens and workers.

(6) The locations of water supply.

(7) The identification of on-site notification systems; and

(8) The name of the emergency coordinator(s) and 7/24-hour emergency telephone number(s) or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.

As noted during the inspection, Respondent updated the contingency plan on November 7, 2020. Respondent failed to develop and submit a quick reference guide to the local emergency responders at that time.

i. Pursuant to 40 CFR 262.17(a)(7)(i), (ii), and (iii), facility personnel must complete a program of classroom instruction, online training, or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules. Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training.

As noted during the inspection, Respondent did not provide adequate hazardous waste training to effectively teach employees how to perform hazardous waste duties specific to hazardous waste container management standards.

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 acknowledge notice of this right and waive 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, rules, and permit condition listed in the findings of fact above.

3. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a). Specifically, Respondent shall not accumulate hazardous waste for more than 90 days in generator accumulation areas unless an extension has been granted to the timeframe.

4. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(1)(v). Specifically, Respondent shall conduct weekly inspections of central accumulation areas.

5. Within forty-five (45) days of the Effective Date, Respondent shall evaluate the weekly inspection process. Provide documentation to IDEM describing the weekly inspection process improvements.

6. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(A). Specifically, Respondent shall mark or label all hazardous waste containers with the words “Hazardous Waste”.

7. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B). Specifically, Respondent shall mark or label all hazardous waste containers with the indication of the hazards of the contents.

8. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(ii). Specifically, Respondent shall mark or label all hazardous waste satellite accumulation area containers with the indication of the hazards of the contents.

9. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.255. Specifically, Respondent shall maintain adequate aisle space within the 90-day storage area.

10. Within thirty (30) days of the Effective Date, Respondent shall comply with Permit Condition III(E)(2)(a). Specifically, Respondent shall process or place containers in the permitted units within 3 operating days after entering the facility boundary.

11. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.262(b). Specifically, Respondent shall create a quick reference guide and submit it to the local emergency responders and IDEM.

12. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(7). Specifically, Respondent shall provide adequate personnel training to all individuals involved with hazardous waste management that teaches them to perform their duties in compliance with the hazardous waste management rules.

13. Within forty-five (45) days of the Effective Date, Respondent shall submit to IDEM documentation of hazardous waste management training to all individuals involved with hazardous waste management.

14. 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

15. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Sixteen Thousand Two Hundred Dollars ($16,200). 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.

16. 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 5	$100 per week
Order paragraph 11	$100 per week
Order paragraph 13	$100 per week

17. 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.

18. 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 15, above.

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

20. 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.

21. 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.

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

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:			Date:
			COUNSEL FOR RESPONDENT:
			By:
			Printed:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed on 11/04/22
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality