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. 2023-29348-S
					)
NEWTON COUNTY LANDFILL					)
PARTNERSHIP,					)
					)
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 Newton County Landfill Partnership, which owns/operates the Municipal Solid Waste Landfill (“MSWLF”) with Permit No. 56-05, located at 2266 E. 500 S., in Brook, Newton County, Indiana (“Site”).

3. Respondent, as the permittee, was issued a Solid Waste Land Disposal Facility Permit No.: 56-05 (“Permit”), a renewal, on April 13, 2020. The Permit expires on December 10, 2024.

4. On November 11, 2022, BP Products North America Inc. (“BP”) notified IDEM that a waste determination re-evaluation of spent catalyst from the three (3) Vapor Recovery Unit 400 reactors [1]met the definition of spent “hydrotreating catalyst” and should have been considered K171 listed hazardous waste. On December 29, 2022, BP Products North America Inc. provided to IDEM the date and amount of K171 waste sent to Respondent for disposal:

Date	Quantity [lbs.]
July 2019	143,849
August 2020	172,723
TOTAL	316,572 [158.3 tons]

At the time of waste shipment, BP certified to Respondent that the Waste was not hazardous waste. BP Products North America Inc. entered into an Agreed Order with IDEM on February 22, 2023.

5. On November 11, 2022, in accordance with 329 Indiana Administrative Code (“IAC”) 10-20-23(a)(5) and Permit Condition A3, Respondent submitted a “Potential Nonconforming Waste Event” letter notifying IDEM of the possible receipt of listed hazardous waste from BP North America Inc.

6. IDEM has jurisdiction over the parties and the subject matter of this action.

7. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via certified mail to:

Republic Services of Indiana, Limited	CT Corporation System, Registered Agent
Partnership, Member	Republic Services of Indiana, Limited Partnership
Newton County Landfill Partnership	334 North Senate Avenue
18500 North Allied Way	Indianapolis, IN 46204
Phoenix, AZ 85054
Joshua McGarry, General Manager
Newton County Landfill
2266 E 500 S
Brook, Indiana 47922

8. During an investigation including a record review on November 11, 2022 and an inspection on February 3, 2023, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Permit Condition A1., the permittee must comply with 329 IAC 10 except where alternative specifications or requirements are noted in approved plans or this permit.

Respondent accepted and disposed of K171 listed hazardous waste that the generator certified as nonhazardous in violation of 329 IAC 10 and the Permit.

b. Pursuant to 329 IAC 10-13-4(c), the permittee shall construct and operate a solid waste land disposal facility in accordance with the permit. The owner, operator, and permittee are equally responsible for complying with the conditions of the permit, the regulations, and the statutes.

Respondent accepted and disposed of K171 listed hazardous waste that the generator certified as nonhazardous. Respondent is a permitted solid waste land disposal facility which is not permitted to accept hazardous waste.

c. Pursuant to 329 IAC 10-3-2(b), hazardous waste that is regulated by 329 IAC 3.1 must not be disposed at any solid waste land disposal facility regulated under this article, except as provided in subsection (c).

Respondent accepted and disposed of K171 listed hazardous waste. Respondent is not permitted to accept listed hazardous waste at this facility.

d. Pursuant to 329 IAC 10-20-23(a), the owner, operator, or permittee of an MSWLF shall implement a program at the MSWLF for detecting and preventing the disposal of regulated hazardous waste as determined by 40 CFR 261.3 or 329 IAC 3.1, polychlorinated biphenyls (PCB) waste as defined in 40 CFR 761, and unauthorized solid waste.

Respondent’s program did not detect or prevent the disposal of hazardous waste that the generator certified as nonhazardous.

e. Pursuant to 329 IAC 10-13-4(c), the permittee shall construct and operate a solid waste land disposal facility in accordance with the permit. The owner, operator, and permittee are equally responsible for complying with the conditions of the permit, the regulations, and the statutes.

Respondent accepted and disposed of K171 listed hazardous waste that the generator certified as nonhazardous. Respondent is a permitted solid waste land disposal facility which is not permitted to accept hazardous waste.

f. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility shall notify the commissioner of activities subject to this article on forms provided by the commissioner unless the activity is exempt from the notification requirements for hazardous waste generated in compliance with 329 IAC 3.1-7 by a very small quantity generator.

Respondent accepted and disposed of K171 listed hazardous waste that the generator certified as nonhazardous without properly notifying the commissioner prior to conducting these activities.

g. Pursuant to IC 13-30-2-1(10), a person may not commence or 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), a permit is required for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.

Respondent accepted and disposed of K171 listed hazardous waste that the generator certified as nonhazardous without having first obtained a permit from the department.

9. For many reasons, IDEM will not require removal of the K171 listed hazardous waste from the landfill. Waste characterization and analytical data supplied by BP indicate that the waste was not characteristically hazardous. The areas of disposal are at interim final grades and Respondent is no longer actively filling the disposal area. The listed hazardous waste is mixed with municipal hazardous waste (MSW) and is buried deep under MSW. Consequently, removal would be impractical, pose a risk to the landfill, employees, and public health, and would use much of the limited disposal capacity for hazardous waste.

10. Respondent’s MSW Permit requires a comprehensive groundwater monitoring system, and a composite liner system which not only meets but exceeds all federal, state, and local requirements for municipal solid waste. Respondent meets current Subtitle D standards for leachate and landfill gas management.

11. Prior to learning that it had received listed hazardous waste, Respondent permitted and constructed two Class I non-hazardous underground injection wells (“UIC Wells”) to manage landfill leachate.[2]

12. Respondent, using information in part supplied by BP, estimated that the listed hazardous waste constitutes about 0.000023% of its total landfill capacity and constituted about 0.000060% of the total facility disposal weight placed in the landfill through 2021.

13. The primary hazardous contaminants of concern associated with K171 listed waste are arsenic and benzene. Utilizing information supplied by BP, modeling estimates conducted by Respondent indicate that the worst-case concentrations of arsenic and benzene in leachate that might be derived from the K171 listed waste and entering the leachate collection system is likely 100,000 times lower than the concentrations of arsenic and benzene ordinarily found in MSW leachate.

14. Respondent’s sampling has not identified any detectable increase in the concentration of arsenic and benzene in the landfill leachate, condensate, or other landfill liquids collected at the site for disposal (the “Landfill Liquids”). Based on this sampling, information supplied by BP, and modeling that Respondent has conducted, Respondent intends to request a petition for delisting for the Landfill Liquids, pursuant to 329 IAC 3.1-5-2.

15. 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 and/or permit conditions listed in the findings of fact above.

3. Within thirty (30) days of the Effective Date, Respondent shall submit to IDEM a report detailing the changes to its waste profile program and procedures that elaborate on how Respondent has changed its processes to prevent future instances of accepting nonconforming wastes, including any changes to waste generating process description requirements.

4. The absence of detectable increases in the concentration of arsenic and benzene in Landfill Liquids, along with the modeling Respondent has performed showing when leachate from the K171 waste is likely to reach the leachate collection system, and the continued sampling required in subsequent paragraphs of this Order, supports the consideration that the Landfill Liquids may be managed as non-hazardous waste until a final decision is made on the petition for delisting pursuant to 329 IAC 3.1-5-2 that Respondent intends to submit. Respondent shall continue to monitor leachate and groundwater as required by (i) during the term of this Agreed Order and (ii) its solid waste permit.

5. Respondent shall submit a technically adequate delisting petition pursuant to 329 IAC 3.1-5-2 within 12 months from the effective date of this order. Respondent may submit written requests to IDEM for extensions of this period for up to 6 months each. IDEM will approve or deny any requested extensions in writing.

6. Respondent shall meet with IDEM regarding the status of the delisting petition on at least a quarterly basis until Respondent submits the delisting petition required by Paragraph 5 of this order.

7. During the term of this Agreed Order, Respondent can dispose of the Landfill Liquids as nonhazardous waste provided that Respondent shall comply with the following monitoring, sampling, and reporting requirements except to the extent these requirements that overlap with the UIC permits are amended.[3]

(a) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. Respondent shall use methods described in SW-846, or equivalent methods approved under the UIC Permits, to take representative samples.

(b) Monitoring of the nature of injected fluids shall comply with applicable analytical methods cited and described in Table I of 40 CFR 136.3 or in certain circumstances by other methods that have been approved Under the UIC Permits.

(c) Monthly Reports: Respondent shall submit monthly reports of the following information no later than the end of the month following the reporting period:

(i) A tabulation of maximum injection pressure, a daily measurement of annulus tank fluid level, and minimum differential between simultaneous measurements of injection pressure and annulus pressure for each day of the month;

(ii) Appropriately scaled graphs showing injection pressure and flow rate and annulus tank fluid level. One graph must include, at a minimum, daily maximum injection pressure and daily average flow rate, on a single, monthly chart.

(iii) A statement of the total volumes of the fluid injected to date, in the current calendar year, and the current month.

(iv) A tabulation of the dates, amounts, and types of liquid added to or removed from the annulus system during the month, and the cumulative additions and cumulative subtractions for the current month and each of the past 12 months;

(v) Any noncompliance with the conditions of the UIC Permits, including but not limited to:

(1) Any event that exceeds operating parameters for annulus fluid pressure or injection pressure or annulus/tubing differential as specified in the UIC Permits; or

(2) Any event which triggers an alarm or shutdown device required by the UIC permits.

(vi) The monthly average of the measured values of injectate temperature. If temperature measurements are recorded when the well is not injecting, those measurements will not be included in calculating the monthly average.

(vii) Respondent shall sample the Landfill Liquids for arsenic and benzene at the final collection tank prior to disposal or treatment of Landfill Liquids and report the analyses to IDEM. Respondent shall notify IDEM within 48 hours if any results are not consistent with continued management of the Landfill Liquids as non-hazardous waste.

(d) Quarterly Reports: Respondent shall report at least every quarter the results of the injection fluid analyses. The report must include a statement showing that the requirements of paragraph 7(a) & (b) have been met. The below chart outlines the specific sampling and reporting requirements for the injection fluid analyses.[4]

Waste Sampling and Analysis Summary

Test Parameter	Example Test Methods[5]	Reporting Units	Frequency
Ignitability (flash point)	SW846 1010, SW 101A		Quarterly
Alkalinity	SM2320-BICARB SM2320-Total	mg/L	Quarterly
Reactive Sulfide & Cyanide	SW846 7.3.3.2/7.3.4.1/7.3.4.2		Quarterly
pH	USEPA 150.1	pH units	Quarterly
Eh	Measurement using oxidation-reduction potential instrumentation	Mvolts	Quarterly
Specific gravity	Hydrometer, ATSM 2710F, D5057		Quarterly
Temperature	Thermometer	Fahrenheit	Quarterly
Wellhead TDS	USEPA 160.1	mg/L	Quarterly
Wellhead TOC	USEPA 160.2	mg/L	Quarterly
Select Characteristic Constituents
Benzene (D018)	USEPA 8260B/624	mg/L	Quarterly
Carbon Tetrachloride (D019)	USEPA 8260B/8021B	mg/L	Quarterly
Chlorobenzene (D021)	USEPA 8260B/8021B	mg/L	Quarterly
Chloroform (D022)	USEPA 8260B/8021B	mg/L	Quarterly
1,4-Dichlorobenzene (D027)	USEPA 8260B/8021B	mg/L	Quarterly
1,2-Dichloroethane (D028)	USEPA 8260B/8021B	mg/L	Quarterly
Dichloroethylene (D029)	USEPA 8260B/8021B	mg/L	Quarterly
Tetrachloroethylene (D039)	USEPA 8260B/8021B	mg/L	Quarterly
1,1 Trichloroethylene (D040	USEPA 8260B/8021B	mg/L	Quarterly
Vinyl Chloride (D043)	USEPA 8260B/8021B	mg/L	Quarterly
Additional Parameters
Potassium	USEPA 200.8/6020A	mg/l	Quarterly
Sodium	USEPA 200/6010B, 6020A, 3005A	mg/l	Quarterly
Chloride	USEPA 325.2/A4500	mg/l	Quarterly
Nitrate + Nitrite	USEPA 200.8/6500	mg/l	Quarterly
Total inorganic nitrogen	USEPA 350.2	mg/l	Quarterly
Ammonia	USEPA 350.2	mg/l	Quarterly
Arsenic (D004)	USEPA 6000 Series	mg/l (ppm)	Quarterly
Barium (D005)	USEPA 6000 Series	mg/l (ppm)	Quarterly
Cadmium (D006)	USEPA 6000 Series	mg/l (ppm)	Quarterly
Chromium (D007)	USEPA 6000 Series	mg/l (ppm)	Quarterly
Lead (D008)	USEPA 6000 Series	mg/l (ppm)	Quarterly
Mercury (D009)	USEPA 6000 Series	mg/l (ppm)	Quarterly
Selenium (D010)	USEPA 6000 Series	mg/l (ppm)	Quarterly
Silver (D011)	USEPA 6000 Series	mg/l (ppm)	Quarterly
Endrin (D012)	USEPA 8081A/8085/8270	mg/l (ppm)	Quarterly
Lindane (D013)	USEPA 8081A/8270	mg/l (ppm)	Quarterly
Methoxychlor (D014)	USEAP 8270D/8081A	mg/l (ppm)	Quarterly
Toxaphene (D015)	USEPA 8081A/8270	mg/l (ppm)	Quarterly
2,4-D (D016)	USEPA 8151A	mg/l (ppm)	Quarterly
2,4,5-TP (Silvex) (D017)	USEPA 8151/8321/8085	mg/l (ppm)	Quarterly
Chlordane (D020)	USEPA 8081/8270	mg/l (ppm)	Quarterly
o-cresol (D023)	USEPA 8270C	mg/l (ppm)	Quarterly
m-cresol (D024)	USEPA 8270C	mg/l (ppm)	Quarterly
p-cresol (D025)	USEPA 8270C	mg/l (ppm)	Quarterly
Cresol (D026)	USEPA 8270C	mg/l (ppm)	Quarterly
2,4-Dinitrotoluene (D030)	USEPA 8270C	mg/l (ppm)	Quarterly
Heptachlor (and its expoxide) D031)	USEPA 8081A/8085/8270	mg/l (ppm)	Quarterly
Hexachlorobenzene (D032)	USEPA 8081A/8085/8270	mg/l (ppm)	Quarterly
Hexachlorobutadiene (D033)	USEPA 821B/8260B	mg/l (ppm)	Quarterly
Hexachloroethane (D034)	YSEPA 8270C/D	Mg/1 (ppm)	Quarterly
Methylethyl ketone (D035)	USEPA 8260B/8261	mg/l (ppm)	Quarterly
Nitrobenzene (D036)	USEPA 8270D	mg/l (ppm)	Quarterly
Pentachlorophenol (D037)	USEPA 8270D	mg/l (ppm)	Quarterly
Pyridine (D038)	USEPA 8270D	mg/l (ppm)	Quarterly
2,4,5-Trichlorophenol (D041)	USEPA 8270D	mg/l (ppm)	Quarterly
2,4,6-Trichlorophenol (D042)	USEPA 8270D	mg/l (ppm)	Quarterly
Vinyl Chloride (D043)	USEPA 8021B/8260B	mg/l (ppm)	Quarterly

(e) Respondent shall review the results of quarterly leachate analysis to ensure that the injectate is sufficiently characterized. At the discretion of Respondent or at the written request of IDEM, recharacterization efforts may be conducted should a significant change occur in the injectate composition based on quarterly analyses, or if necessitated or required by process changes or new regulations.

(f) The waste stream will be recharacterized as deemed necessary by Respondent, or at the written request of IDEM, if the analyses show significant changes in parameter concentration, particularly toxicity characteristic compound composition that might affect the non-hazardous nature of the waste. In this instance, sampling may be performed more frequently to obtain more representative analysis of waste composition; or to confirm the hazardous or nonhazardous nature of the waste.

(g) For purposes of this Agreed Order, Respondent may submit to IDEM the same monitoring, sampling, and reporting information that Respondent submits to U.S. EPA pursuant to the UIC Permits, excluding the monthly sampling required by paragraph 7(c)(vii)[6].

8. IDEM shall notify Respondent in writing if IDEM disagrees with Respondent’s continued management of Landfill Liquids as non-hazardous waste and directs Respondent to cease managing Landfill Liquids as non-hazardous waste.

9. No later than November 15, 2024, Respondent shall submit to IDEM for IDEM’s review and approval a technical proposal for groundwater monitoring, any operational changes, and any other measures necessary under applicable law to protect public health and the environment from any risks presented by leaving the K171 listed waste in place at the landfill (“Technical Requirements”). Upon approval of the Technical Requirements and any necessary amendment of Respondent’s Solid Waste Operating Permit incorporating the Technical requirements, Respondent shall be permitted to leave the K171 listed waste at the site.

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

Linda McClure, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

11. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of $15,000.00. 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 “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.

12. 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	Action	Stipulated Penalty
Order paragraph #3	Failure to provide report regarding waste profile and acceptance procedures.	$100 per day
Order paragraph #6	Failure to schedule quarterly delisting meetings.	$100 per week
Order paragraph #5	Failure to submit an adequate delisting petition.	$100 per week
Order paragraph #7	Failure to submit monthly and/or quarterly reports.	$100 per event missed
Order paragraph #9	Failure to submit the technical proposal for groundwater monitoring.	$100 per week

13. 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.

14. 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 “Indiana Department of Environmental Management,” and shall be payable to IDEM in the manner specified in Paragraph 14, above.

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

16. 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.

17. 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.

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

19. 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.

20. 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.

21. 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.

22. 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.

23. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with 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.

24. This Agreed Order shall remain in effect until IDEM issues a final decision on the delisting petition required by this Agreed Order and 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:	7/23/2024		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 7/23/2024
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality

---

[1] Because the waste meeting the K171 listing description was mixed with other non-hazardous waste, BP estimates that about 29.2 tons of the waste sent to Site was Actually K171 listed waste.

[2] See U.S. EPA Underground Injection Control Permit Nos. IN-111-1I-001 & IN-111-1I-0002. (“UIC Permits”). U.S. EPA has the authority to permit and regulate underground injection wells.

[3] Generally, this is the same monitoring, record keeping, and reporting requirements as required by UIC Permit Nos. In-111-1I-0001 & IN-111-1I-0002 and associated attachments.

[4] Chart pulled directly from UIC permits.

[5] Test methods cited are examples, alternative methods with equal or better detection limits may be used.

[6] This is not required by Respondent’s UIC permits.