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. 2023-29205-H
					)
HEIDELBURG MATERIALS US CEMENT 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 Heidelberg Materials US Cement LLC (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IND 005 081 542, located at 3084 W CR 225 S, in Logansport, Cass County, Indiana (“Site”). Heidelberg was formerly known as Lehigh Cement Company LLC and registered the new name as Heidelberg Materials US Cement LLC with the Indiana Secretary of State effective January 4, 2023.

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:

Christopher Ward, President	Corporation Service Company
Heidelberg Materials US Cement LLC	Registered Agent for:
300 E John Carpenter Fwy, Suite 1645,	Heidelberg Materials US Cement LLC
Legal Department	135 N Pennsylvania, Suite 1610
Irving, TX 75062	Indianapolis, IN 46204

5. Respondent is a permitted hazardous waste treatment, storage, and disposal (“TSD”) facility. The Permit was issued 10/24/2019 and expires on 10/24/2024.

6. Respondent is a manufacturer of Portland cement. Respondent has two cement kilns.

7. Respondent submitted responses dated October 24, 2023, and May 3, 2024 regarding the management of the sodium hydroxide roll offs boxes. This issue is being addressed in Case No. 2023-29551-H.

8. 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.

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

a. Pursuant to 40 Code of Federal Regulations (“CFR”) 261.2(a)(1), a solid waste is any discarded material that is not excluded under § 261.4(a) or that is not excluded by a variance granted under §§ 260.30 and 260.31 or that is not excluded by a non-waste determination under §§ 260.30 and 260.34.

As noted during the inspection, hazardous waste hand sanitizer (D001) was inappropriately accepted by Respondent as continued use material. The hand sanitizer was stored in Rail Car GATX 96312 in Bay 11, i.e., the Rail Car Cleanout & Direct Burn Container Storage Area – Spot #11, with other material determined to be continued use material. The contents were not being managed as hazardous waste.

Based on a review of bills of lading and non-hazardous waste manifests for materials received, hand sanitizer (D001), methanol, toluene, and acetone were accepted as continued use material wash solvent but were managed under waste management method code H050, i.e., ‘energy recovery at this site – used as fuel’. The shipping documents include: ESRR D26553, profile EC2236WS, from ChemDesign Products (WID980898266); ESRR S01573, profile EC2078WS from Enviro-Safe Resource Recovery, LLC (WIR000142877); ESRR D26945, profile EC2398WS from Sterling Wisconsin, LLC (WIR000118190); and BOL 105, hand sanitizer from Glycerin Traders.

Respondent subsequently provided information that the hand sanitizer should have been considered a substitute for a commercial chemical product, wash solvent, and therefore, not a hazardous waste, pursuant to the exemption from the definition of solid waste in 40 CFR 261.2(e)(1)(ii).

b. Pursuant to 40 CFR 261.2(a)(2)(i) A discarded material is any material which is:

(A) Abandoned, as explained in paragraph (b) of this section; or

(B) Recycled, as explained in paragraph (c) of this section; or

(D) A military munition identified as a solid waste in § 266.202.

(b) Materials are solid waste if they are abandoned by being:

(1) Disposed of; or

(2) Burned or incinerated; or

(3) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned or incinerated; or

(4) Sham recycled, as explained in paragraph (g) of this section.

As noted during the inspection and as described in paragraph a. above, hazardous waste hand sanitizer (D001) was inappropriately accepted by Respondent as continued use material.

c. Pursuant to 40 CFR 261.3 (a), (b), and (c), (a) a solid waste, as defined in § 261.2, is a hazardous waste if: (1) It is not excluded from regulation as a hazardous waste under § 261.4(b); and (2) It meets any of the following criteria: (i) It exhibits any of the characteristics of hazardous waste identified in subpart C of this part. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under § 261.4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under subpart C is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in table 1 to § 261.24 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.

(b) A solid waste which is not excluded from regulation under paragraph (a)(1) of this section becomes a hazardous waste when any of the following events occur:

(1) In the case of a waste listed in subpart D of this part, when the waste first meets the listing description set forth in subpart D of this part.

(2) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in subpart D is first added to the solid waste.

(3) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in subpart C of this part.

(c) Unless and until it meets the criteria of paragraph (d) of this section: (1) A hazardous waste will remain a hazardous waste

As noted during the inspection and as described in paragraph a. above, hazardous waste hand sanitizer (D001) was inappropriately accepted by Respondent as continued use material.

d. Pursuant to 40 CFR 268.50(2)(i), Except as provided in this section, the storage of hazardous wastes restricted from land disposal under subpart C of this part of RCRA section 3004 is prohibited, unless the following conditions are met:

(2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and:

(i) Each container is clearly marked to identify its contents and with:

(A) The words “Hazardous Waste”; (B) The applicable EPA hazardous waste number(s) (EPA hazardous waste codes) in subparts C and D of part 261 of this chapter; or use a nationally recognized electronic system, such as bar coding, to identify the EPA hazardous waste number(s);

(C) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and

(D) The date each period of accumulation begins.

The following were not properly labeled and/or dated and/or marked with the indications of hazards:

· Roll-off 25-5, not labeled "Hazardous Waste" and not dated

· Roll-off 25-3, not dated, writing not legible

· Roll-off 1583, i.e., "Brown Box", not labeled "Hazardous Waste”, not dated, no indication of hazards

· Roll-off TRI B900, not labeled "Hazardous Waste”, not dated, no indication of hazards

· Roll-off 37614 RT, not labeled "Hazardous Waste"

· Liner Box SB1580, not labeled "Hazardous Waste", not dated, no indication of hazards

· Liner Box SB220, not dated, no indication of hazards

· Rail car GATX 96312 - not labeled with the words, "Hazardous Waste", the start of accumulation date, or the indication of hazards.

e. Pursuant to Permit Condition II B (Attachment C) and 40 CFR 264.13, The Permittee must comply with the procedures described in the Waste Analysis Plan, Attachment C.

Before an owner or operator treats, stores, or disposes of any hazardous wastes, or nonhazardous wastes if applicable under § 264.113(d), he must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis must contain all the information which must be known to treat, store, or dispose of the waste in accordance with this part and part 268 of this chapter.

As noted during the inspection, unused hand sanitizer was improperly characterized and accepted as a continued use solvent for line flushing/cleaning, other equipment cleaning, and railcar cleanouts, resulting in improper management of hazardous waste. The Waste Characterization Profile dated October 17, 2022, filled out by the generator indicated that the material was not a continued use solvent, and the material was not previously used as a wash solvent; however, was accepted in Respondent’s Continued use Program.

One shipment of hand sanitizer and three shipments of other materials (methanol, toluene, and acetone) accepted by Respondent from various generators as continued use material were listed as being burned for fuel at this Site. The shipping documents were noted with method management code H050 (Energy recovery at this Site – used as fuel) upon receipt at Site. The shipping documents include: ESRR D26553, profile EC2236WS, from ChemDesign Products (WID980898266); ESRR S01573, profile EC2078WS from Enviro-Safe Resource Recovery, LLC (WIR000142877); ESRR D26945, profile EC2398WS from Sterling Wisconsin, LLC (WIR000118190); and BOL 105, hand sanitizer from Glycerin Traders.

f. Pursuant to Permit Condition II 1(i), the Permittee must comply with the manifest requirements.

Pursuant to 40 CFR 264.76(a) and 329 IAC 3.1-9, if a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described by § 263.20(e) of this chapter, and if the waste is not excluded from the manifest requirement by this chapter, then the owner or operator must prepare and submit a letter to the Regional Administrator within 15 days after receiving the waste. The unmanifested waste report must contain the following information:

(1) The EPA identification number, name and address of the facility;

(2) The date the facility received the waste;

(3) The EPA identification number, name and address of the generator and the transporter, if available;

(4) A description and the quantity of each unmanifested hazardous waste the facility received;

(5) The method of treatment, storage, or disposal for each hazardous waste;

(6) The certification signed by the owner/operator of the facility or his authorized representative; and

(7) A brief explanation of why the waste was unmanifested, if known.

As noted during the inspection, from October 22, 2022 to December 29, 2022, approximately 4,005,320 pounds of hazardous waste hand sanitizer (D001), in approximately 84 shipments, were accepted by Respondent from Glycerin Traders as continued use material without a manifest, and unmanifested waste reports were not submitted.

Hand Sanitizer is used to kill various viral and bacterial microorganisms. The use of hand sanitizer as a replacement for solvents used to flush lines or other cleaning activities does not meet continued use standards. Excess alcohol-based hand sanitizer is commercial chemical product under 40 CFR 261.2 and is not a fuel per 40 CFR 261.2(c)(2). When burned for energy recovery, hand sanitizer is a solid and hazardous waste and must be managed as such throughout the management of the waste, i.e., from its point of generation, transport, and management at the destination facility.

One shipment of hand sanitizer and three shipments of other materials (methanol, toluene, and acetone) accepted by Respondent from various generators as continued use material were listed as being burned for fuel at the Site. The shipping documents were noted with method management code H050 (Energy recovery at this site – used as fuel) upon receipt at Site. The shipping documents include: ESRR D26553, profile EC2236WS, from ChemDesign Products (WID980898266); ESRR S01573, profile EC2078WS from Enviro-Safe Resource Recovery, LLC (WIR000142877); ESRR D26945, profile EC2398WS from Sterling Wisconsin, LLC (WIR000118190); and BOL 105, hand sanitizer from Glycerin Traders.

g. Pursuant to Permit Condition III C, 329 IAC 3.1-9, and 40 CFR 264.171, if a container holding hazardous waste is not in good condition (e.g., no appreciable rusting or apparent structural defects) or if it begins to leak, the Permittee must transfer the hazardous waste from such container to a container that is in good condition or otherwise manage the waste in compliance with the conditions of this permit.

As noted during the inspection, roll off TRI B900 was stored on the Bulk Management (Wet) Container Storage Pad. The roll off was not in good condition; it was corroded and leaking. The roll off contained waste NaOH (D007, pH 12.16) that had leaked from the roll off and crystallized; it was observed on all sides of the roll off and on the ground. The waste NaOH was generated by Respondent after it was determined that NaOH (obtained from various generators to treat slurry), was adversely affecting Respondent’s final product. Roll off #1583, aka “Brown Box” also contained waste NaOH (D007, pH 12.3), however, it appeared to be in good condition. Neither roll off was properly labeled, see paragraph d above.

This issue is being addressed in Case No. 2023-29551-H.

h. Pursuant to Permit Condition II D, 329 IAC 3.1-9 and 40 CFR 264.15(c); Attachment F, the Permittee must follow the inspection schedule in the Procedures to Prevent Hazards, Attachment F. The Permittee must remedy any deterioration or malfunction discovered by an inspection.

As noted during the inspection, deterioration from corrosion was noted in inspections logs from at least the week of October 31, 2022 to the week of December 19, 2022; however, the corroded and leaking Roll off, TRI B900, containing waste NaOH (D007, pH 12.16) had not been repaired or managed the waste as required. The waste had been stored on-site since approximately May of 2022.

This issue is being addressed in Case No. 2023-29551-H.

i. Pursuant to 40 CFR 273.13, a universal waste handler must contain wastes in containers that are in good condition, compatible with the waste, closed, and lack evidence of leakage.

As noted during the inspection, universal waste bulbs were not properly contained, i.e., bulbs were protruding from the box.

j. 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 statutes/rules/permit conditions listed in the findings of fact above.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 268.50(2)(i). Specifically, Respondent shall ensure all hazardous waste containers (i.e., roll-offs, rail car) are properly labeled with the words “Hazardous Waste,” applicable EPA hazardous waste number(s), date each period of accumulation begins and the indication of the hazards of the contents.

4. Upon the Effective Date, Respondent shall comply with 40 CFR 273.13. Specifically, Respondent shall ensure universal waste bulbs are properly contained in containers in good condition, closed, and lack evidence of leaking.

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

Christina Halloran, 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). 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.

Mail:

Civil penalties are payable by check to the “Indiana Department of Environmental Management”. Checks shall include the Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management

Accounts Receivable

P.O. Box 3295

Indianapolis, IN 46206

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 $0.40 plus 2.06% will be charged for credit card payments. A processing fee of $0.15 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 $0.40 plus 2.06% will be charged for credit card payments. A processing fee of $0.15 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.

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management

By:				By:
	Jennifer Reno, Chief			Printed:
	Land Enforcement Section			Title:
	Compliance Branch
	Office of Land Quality
Date:	6/28/2024			Date:



				COUNSEL FOR RESPONDENT:
				By:
				Printed:
				Date:




APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		11th	DAY OF		September	, 2025__

				For the Commissioner:
				Signed 9/11/25

				Brian Wolff
				Assistant Commissioner
				Office of Land Quality