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. 2023-29160-H
					)
Henkel NA 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 Henkel NA LLC, which operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR000145235, located at 7445 Company Drive, in Indianapolis, Marion 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”) via Certified Mail to:

Henkel NA LLC	Corporation Service Company,
Robert McNamee, Chief Legal Officer	Registered Agent for Henkel NA LLC
One Henkel Way	251 E. Ohio Street, Suite 500
Rocky Hill, CT 06067	Indianapolis, IN 46204

5. Respondent notified EPA of Large Quantity Generator activities on February 2, 2018.

6. Henkel NA LLC operates a warehouse and distribution center for professional haircare products.

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 January 4, 2023, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 Code of Federal Regulations (“CFR”) 262.17(a), a large quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA, provided that all the conditions of 262.17 are met.

As noted during the inspection, Respondent stored hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270. Specifically, Respondent stored four (4) 55-gallon plastic drums containing hazardous waste oxidizers located in the returns/damaged goods sorting area and five (5) 55-gallon steel drums of hazardous waste located in the flammable storage area since 2021.

On March 9, 2023, Respondent shipped five (5) 55-gallon steel drums originally located in the flammable storage area containing D001 hazardous waste to a RCRA Part B TSD facility for proper disposal. On April 5, 2023, Respondent shipped the remaining four (4) 55-gallon plastic drums containers of D001 hazardous waste originally located in the returns/damaged goods sorting to a RCRA Part B TSD facility for proper disposal.

b. Pursuant to Indiana Code (“IC”) 13-30-2-1(10), a person may not engage in the operation of a hazardous waste facility without having first obtained a permit from the department.

Pursuant to 40 CFR 270.1(c), RCRA requires a permit for the treatment, storage, or disposal of any hazardous waste as identified or listed in 40 CFR part 261.

As noted during the inspection, Respondent operated a hazardous waste facility without having first obtained a permit from the department. Specifically, Respondent stored hazardous waste on-site for greater than 90 days.

On March 9, 2023, Respondent shipped five (5) 55-gallon steel drums originally located in the flammable storage area containing D001 hazardous waste to a RCRA Part B TSD facility for proper disposal. On April 5, 2023, Respondent shipped the remaining four (4) 55-gallon plastic drums containers of D001 hazardous waste originally located in the returns/damaged goods sorting to a RCRA Part B TSD facility for proper disposal.

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, one (1) steel drum located in the “flammable waste storage area” was not marked with the words “Hazardous Waste.”

On January 13, 2023, Respondent added a Hazardous Waste label to the steel drum located in the flammable waste storage area.

d. 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, the following satellite containers were not marked or labeled with the indication of hazardous of the contents: three (3) lined gaylord satellite boxes, one steel 55-gallon drum, and two (2) 55-gallon plastic drums.

e. Pursuant to 40 CFR 262.17(a)(6) referencing 262.256(a), a large quantity generator must attempt to make arrangements with local emergency authorities to familiarize them with the facility.

As noted during the inspection, the facility was unable to provide documentation of contacting local authorities regarding the hazardous waste on site.

On February 15, 2023, Respondent submitted documentation to IDEM of contacting local authorities.

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

As noted during the inspection, Respondent had not developed a Contingency Plan.

On February 15, 2023, Respondent provided IDEM with a completed Contingency Plan.

g. 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:

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

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

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

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

v. 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.

vi. The locations of water supply.

vii. The identification of on-site notification systems; and

viii. 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, the facility had not developed a Quick Reference Guide as required.

On February 7, 2023, Respondent provided IDEM with a completed Quick Reference Guide.

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 acknowledge 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 statutes and rules 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), IC 13-30-2-1(10), and 40 CFR 270.1(c). Specifically, Respondent shall not accumulate hazardous waste for more than 90 days unless an extension has been granted to the timeframe for as long as it remains a large quantity generator of hazardous waste.

4. Upon the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(ii). Specifically, Respondent shall label or mark satellite accumulation containers with an indication of hazards of the contents.

5. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit a hazardous waste closure plan for the returns/ damaged sporting goods area and for the flammable storage area where hazardous waste was stored longer than ninety (90) days to IDEM for approval. Contact the case manager for how to submit the closure plan. The closure plan shall be completed in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1.

6. Within ten (10) days of notice of IDEM’s approval of the closure plan, Respondent shall implement the plan as approved and in accordance with the time frames contained therein.

7. In the event IDEM determines that any plan submitted by Respondent is deficient or otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM in accordance with IDEM's notice. After three (3) submissions of such plan by Respondent, IDEM may modify and approve any such plan and Respondent must implement the plan as modified by IDEM. The approved plan shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof.

8. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Lucas Kroening, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

9. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Seventeen Thousand two Hundred Dollars ($17,200). After this Agreed Order is adopted (signed by the Assistant Commissioner of the Office of Land Quality), Respondent shall pay by the due date printed on the Invoice that will be attached to the adopted Agreed Order.

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.

10. 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
Order paragraph #5	$500 per week
Order paragraph #6	$500 per week

11. Stipulated penalties shall be due and payable after Respondent receives written notice that Complainant has determined a stipulated penalty is due; at which time, a separate invoice will be issued. 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.

12. 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 9, above.

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

14. 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.

15. 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.

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

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TECHNICAL RECOMMENDATION: Department of Environmental Management				RESPONDENT:
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		12	DAY OF		June	, 2023___
				For the Commissioner:
				Signed June 12, 2023
				Peggy Dorsey
				Assistant Commissioner
				Office of Land Quality