STATE OF INDIANA

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SS:

BEFORE THE INDIANA DEPARTMENT OF

 

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COUNTY OF MARION

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ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

 

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)

 

Complainant,

 

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)

 

 

v.

 

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Case No. 2023-29242-S

 

 

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PYROLYX TIRE RECYCLING, LLC DBA PREFERRED TIRE RECYCLING and PYROLYX TRANSPORTATION, LLC,

 

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Respondents.

 

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AGREED ORDER

 

Complainant and Respondents 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. Respondents’ entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondents 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.                  Respondents are Pyrolyx Tire Recycling, LLC dba Preferred Tire Recycling which owns the property at which it operates a waste tire storage and processing facility and Pyrolyx Transportation, LLC which operates a waste tire transporter service on the property located at 575 South 10th Street, in Hillsdale, Vermillion County, Indiana (“Site”). The facility is a registered waste tire storage site (No. 083-S-00759), waste tire processor (No. 083-P-00758), and waste tire transporter (No. 083-T-00760).

 

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:

 

Gregory L. Gibson, Member and Registered Agent

 

Pyrolyx Tire Recycling dba Preferred Tire Recycling

 

Pyrolyx Transportation, LLC

 

3200 E. Haythorne Avenue

 

Terre Haute, IN 47805

 

 

5.                  During an investigation including inspections on March 1, 2022, October 18, 2022, and February 6, 2023 conducted by a representative of IDEM, the following violations were found:

 

a.       Pursuant to IC 13-20-13-5.5(a)(3)(A), a certificate of registration issued by IDEM under this chapter may be revoked after modification in writing is sent in accordance with IC 13-14-2-1 to the holder of the certificate for failing to correct, within a time established by IDEM, a violation of a condition of the registration.

 

Pursuant to the December 10, 2019 Waste Tire Storage Site Registration Approval issued to Pyrolyx Tire Recycling, LLC, Requirement #4, the registrant must not store more than 20,000 passenger tire equivalents (PTEs), in whole tires and shredded tire pieces. (VFC # 82877115)

 

As noted during the inspections, Respondent, Pyrolyx Tire Recycling, LLC, did not comply with IC 13-20-13-5.5(a)(3)(A) and Waste Tire Storage Site Registration Approval, Requirement #4. Specifically, Respondent stored 24,609 PTEs on-site at the time of the March 1, 2022 inspection; 22,917 PTEs on-site at the time of the October 18, 2022 inspection; and 26,795 PTEs on-site at the time of the February 6, 2023 inspection which are each a violation of a condition of the registration and a failure to correct following receipt of the written inspection reports indicating the violation.

 

On October 18, 2022, Respondent, Pyrolyx Tire Recycling, LLC, submitted an application to increase the amount of PTEs allowed on-site from 20,000 to 36,000 PTEs. (VFC #83382981); however, no determination has been made upon the request due to Respondent not submitting a complete application.

 

b.      Pursuant to 329 IAC 15-4-13, a waste tire transporter shall prepare a manifest for each load of waste tires using a form provided by the department that includes the following information:

      (4) Permit or registration number for the:

 (A) transporter; and

 (B) destination.

(5) Signed certification statement from the:

(A) transporter; and

(B) destination.

(6) A description of the shipment, including the following:

(A) Pickup date, time, and location.

 (B) Load type measurement, such as whole tire count, volume, or weight.

 (C) Tire types and amounts.

     

As noted during the February 6, 2023 inspection, the Respondent, Pyrolyx Transportation, LLC, did not properly fill out a manifest. Specifically, Respondent did not properly fill out a manifest by using incorrect transporter and storage registration numbers, omitting a destination signature, and omitting tire load types.

 

6.                  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, Respondents 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 Respondents. This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondents shall comply with the statute, rule, and permit condition listed in the findings of fact above.

 

3.                  Respondent, Pyrolyx Tire Recycling, LLC, shall comply with 329 IAC 13-20-13-5.5(a)(3)(A) and Waste Tire Storage Registration dated December 10, 2019 and Requirement #4. Specifically, Respondent shall reduce the number of waste tires on-site to not exceed the allotted amount of 20,000 PTEs. Thirty (30) days from the Effective Date of this Order shall be considered timely for correcting this violation. Respondent shall dispose of excess waste tires at a permitted solid waste disposal facility or recycle excess waste tires in an alternative manner acceptable to IDEM. Failure to comply will result in revocation of Respondent’s Waste Storage Registration dated December 10, 2019.

 

4.                  Within one hundred twenty (120) days of the Effective Date of this Agreed Order, Respondent, Pyrolyx Transportation, LLC, shall submit documentation demonstrating the removal of all waste tires in excess of 20,000 PTEs. Documentation shall include completed waste tire manifests and receipts from a state approved solid waste management facility or receipts or bill of ladings from an acceptable alternative facility.

 

5.                  Within thirty (30) days of the Effective Date, Respondent, Pyrolyx Transportation, LLC, shall comply with 329 IAC 15-4-13(a)(4)(5)(6). Specifically, Respondent shall correct the manifest and submit to IDEM a copy of the manifest that was incorrectly filled out as noted during the February 6, 2023 inspection.

 

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

 

Samantha Nunnery, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

7.                  Pursuant to IC 13-30-4-1, Respondents are assessed and agrees to pay a civil penalty of Eight Thousand Two Hundred dollars ($8,200), for which Respondents are jointly and severally liable. After this Agreed Order is adopted (signed by the Assistant Commissioner of the Office of Land Quality), Respondents shall pay a portion of this penalty in the amount of Two Thousand and Fifty dollars ($2,050).  Respondents 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 “Indiana Department of Environmental Management” by:

 

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.

 

In lieu of payment of the remaining civil penalty, Respondents shall perform and complete a Supplemental Environmental Project (“SEP”).  Respondents estimates that this SEP will cost Six Thousand One Hundred and Fifty dollars ($6,150). Within fifteen (15) days of completing this SEP, Respondents shall submit written notice and documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP.

 

            As a Supplemental Environmental Project, Respondents shall implement an environmental restoration project on property located at 301 N. Line Street, in South Whitley, Whitley County, Indiana. The cleanup will consist of removing and properly disposing of waste tires at a state approved land disposal facility. Respondent will complete this SEP within sixty (60) days of the Effective date of this Agreed Order.

 

            In the event Respondents do not complete the SEP within sixty (60) days of the Effective date of this Agreed Order, the full amount of the civil penalty ($8,200), plus an additional penalty of 10 percent, payable to the “Indiana Department of Environmental Management” shall be payable to IDEM in the manner specified in Paragraph 7 above and will be due to IDEM by the due date printed on the Invoice that will be attached to IDEM’s notice to pay.

 

8.                  Upon completion of the SEP, Respondents shall submit written documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP, including but not limited to, all cost documentation, periodic progress reports, final reports,

 

9.                  In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondents 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

$100 per week

 

10.              Stipulated penalties shall be due and payable after Respondents receive written notice that Complainant has determined a stipulated penalty is due; at which time, a separate invoice will be issued. Complainant may notify Respondents at any time that a stipulated penalty is due. Failure to notify Respondents 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 Respondents for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondents 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. Respondents are jointly and severally liable for all stipulated penalty assessments.

 

11.              In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondents shall pay an additional penalty of 10 percent, payable to the “Indiana Department of Environmental Management” and shall be payable to IDEM in the manner specified in Paragraph 7, above.

 

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

 

13.              This Agreed Order shall jointly and severally apply to and be binding upon Respondents and all successors and assigns. Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

 

14.              No change in ownership, corporate, or partnership status of Respondents shall in any way alter the Respondents’ status or responsibilities under this Agreed Order.

 

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

 

16.              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.

 

17.              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 Respondents pursuant to this Agreed Order, shall not in any way relieve Respondents of the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

 

18.              Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondents’ 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 Respondents may incur as a result of Respondents’ efforts to comply with this Agreed Order.

 

19.              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.

 

20.              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 Respondents may incur as a result of such communications with the U.S. EPA or any other agency or entity.

 

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

 

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:

 

11/9/2023

 

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 11/16/2023

 

 

 

 

 

 

 

Peggy Dorsey

 

 

Assistant Commissioner

 

 

Office of Land Quality