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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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v. |
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Case No. 2022-28689-S |
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LIBERTY TIRE
SERVICES OF OHIO LLC |
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D/B/A
LIBERTY TIRE 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 Liberty Tire Services of Ohio LLC d/b/a Liberty Tire Recycling LLC
(“Respondent”), which owns and operates the company with waste tire storage,
processing and transporter facility located at 906 South State Street, in North
Liberty, St. Joseph County, Indiana (the “Site”). The facility is a registered
waste tire storage site (No. 071-S-00531), waste tire processor (No.
071-P-00497) and waste tire transporter (No. 071-T-00025). The waste tire
storage site registration expires on July 1, 2022. IDEM received Respondent’s
waste tire storage renewal registration on May 5, 2022. IDEM received Respondent’s
waste tire processor renewal registration on July 3, 2019. IDEM received
Respondent’s waste tire transporter renewal registration on July 29, 2019.
4.
IDEM has jurisdiction over the parties and the
subject matter of this action.
5.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via Certified Mail and email to:
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Frank DeCarlo, Member for |
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Liberty Tire Services of
Ohio LLC |
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d/b/a Liberty Tire
Recycling LLC |
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600 River Avenue, 3rd
Floor |
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Pittsburgh, Pennsylvania
15212 |
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Corporate Service Company,
Registered Agent for |
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Liberty Tire Services of
Ohio LLC |
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d/b/a Liberty Tire Recycling
LLC |
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135 North Pennsylvania
Street, Suite 1610 |
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Indianapolis, Indiana
46204 |
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John Dillon, Vice
President, Great Lakes Region for |
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Liberty Tire Recycling LLC |
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Jeff Reynolds, Facility
Contact for |
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Liberty Tire Recycling LLC |
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Angela Fornal,
environmental Contact for |
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Liberty Tire Recycling LLC |
6.
During
an investigation including an inspection on May 16, 2022
conducted by a representative of IDEM, the following violations were found:
a. Pursuant to 329 Indiana Administrative
Code (“IAC”) 15-3-17(j)(1), the owner or operator of a waste tire storage site
or waste tire processing operation shall prevent water from accumulating in
waste tires by doing all of the following:
(1) Waste tires must be drained:
(A) on the day of receipt; and
(B) as necessary thereafter to prevent
accumulation of water in the waste tires.
As noted during the inspection, waste
tires at Pile F2 were observed to contain water.
As noted during the July 5, 2022 inspection, waste tiers at Pile F1 and C2 were observed
to contain water.
b. Pursuant to 329 IAC 15-3-17(j)(3), the
owner or operator of a waste tire storage site or waste tire processing
operation shall prevent water from accumulating in waste tires by doing all of the following:
(3) Waste tires must not be stored in areas
of standing water.
As noted
during the inspection, waste tires at Piles D1 and E2 were observed to be
sitting in standing water.
As noted
during the July 5, 2022 inspection, waste tires at F1
and G were observed to be sitting in standing water.
c. Pursuant to 329 IAC 13-4-3(c),
containers and aboveground tanks used to store used oil at generator facilities
must:
(1) be
in good condition with no severe rusting, apparent structural defects, or
deterioration; and
(2) not be leaking (no visible leaks)
As noted
during the inspection, a 250-gallon tote of used oil was observed to have
bulges and dents.
As
noted during the July 5, 2022 inspection, the used oil
had been transferred to a container in good condition and was properly labeled.
d. Pursuant to 329 IAC 13-4-3(e), upon
detection of release of used oil to the environment not subject to the
requirements of 40 CFR 280 Subpart F, which has occurred after the effective
date of this rule, a generator must perform the following clean up steps:
(1) Stop the release.
(2) Contain the released used oil.
(3) Clean up and manage properly the released
used oil and other materials.
(4) Communicate a spill report in accordance
with 327 IAC 2-6.1.
(5) If necessary to prevent future releases,
repair or replace any leaking used oil storage containers or tanks prior to
returning them to service.
As noted during the inspection, oil in
the service garage was observed to have been spilled in an area measuring
approximately four feet by four feet under a new oil tank.
As noted during the July 5, 2022 inspection, the oil spill in the garage had been
properly remediated.
e. Pursuant
to Indiana Code (“IC”) 13-30-2-1(4) and (5), a person may not allow the deposit
of any contaminants or solid waste upon the land or into the environment.
Pursuant to
329 IAC 10-4-2, no person shall cause or allow the storage, containment,
processing, or disposal of solid waste in a manner which creates a threat to
human health or the environment, including the creating of a fire hazard,
vector attraction, air or water pollution, or other contamination.
Pursuant to
329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC
13-11-2-146 and IC 13-11-2-147, are prohibited and must be remediated.
As noted
during the inspection, shredded tire debris, a solid waste, was observed across
South State Street on the driveway and yard of a private residence. The
deposition of waste shredded tire debris off-site is disposal of such waste
debris, and thus created an open dump.
As noted
during the July 5, 2022 inspection, a de minimis
amount of shredded tire debris was observed on the driveway and yard of a
private residence.
f. Pursuant
to Waste Tire Storage Permit No. 071-S-00531, issued to Respondent on July 20, 2017,
condition 4 requires, the registrant must not store more than 88,000 passenger
tire equivalents (“PTE”), in whole tires and shredded tire pieces.
As noted
during the inspection, the facility stored approximately 194,643 PTEs on-site.
As noted
during the July 5, 2022 inspection, the facility
reduced the number of PTEs stored on-site to 44,928.
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 statutes and rules
listed in the findings here at issue.
3.
Within thirty (30) days of the Effective Date,
Respondent shall comply with 329 IAC 15-3-17(j)(1). Specifically, Respondent
shall drain waste tires on the day of receipt and as necessary thereafter to
prevent accumulation of water in waste tires.
4.
Within thirty (30) days of the Effective Date,
Respondent shall comply with 329 IAC 15-3-17(j)(3). Specifically, Respondent
shall not store waste tires in standing water.
5.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise
in writing, shall be sent to:
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Jodi
Pisula, Enforcement Case Manager |
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Office
of Land Quality |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
6.
Pursuant
to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty-One
Thousand Four Hundred Dollars ($21,400.00). Respondent shall pay by the due
date printed on the Invoice, as attached.
Civil and stipulated penalties are
payable to the “Waste Tire Fund” by:
Mail:
“Waste Tire 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 |
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 the terms and conditions of the
following paragraphs are violated, Complainant may assess, and Respondent shall
pay stipulated penalties in the following amounts:
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Paragraph |
Stipulated Penalty |
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Order
paragraph #3 |
$100.00
per week |
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Order
paragraph #4 |
$100.00
per week |
8.
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.
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 an additional penalty of 10 percent, payable to the
“Waste Tire Fund” and shall be payable to IDEM in the manner specified in
Paragraph 6, above.
10.
This Agreed Order 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 |
Liberty Tire Services of Ohio LLC |
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d/b/a Liberty Tire Recycling LLC |
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By: |
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By: |
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Jennifer
Reno, Chief |
Printed: |
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Land
Enforcement Section |
Title: |
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Compliance
Branch |
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Office
of Land Quality |
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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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Printed: |
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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DAY
OF |
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20_____ |
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For
the Commissioner: |
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Signed 7/21/2022 |
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Peggy
Dorsey |
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Assistant
Commissioner |
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Office
of Land Quality |
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