STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT

COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTALa MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2023-29588-H
					)
drive & shine, inc.,					)
					)
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 Drive & Shine, Inc., which owns/operates the facility located at 1350 US Highway 41, in Schererville, Lake 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”) to:

Haji M. Tehrani, President and Registered Agent for Drive & Shine, Inc.

16915 Cleveland Road

Granger, IN 46530-5634

matt@driveandshine.com

5. Respondent is a non-notifier for hazardous waste activities.

6. Respondent provides auto detailing, car wash, and vehicle maintenance services.

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 July 28, 2023, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is a hazardous waste at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change.

As noted during the inspection, Respondent did not make hazardous waste determinations on waters containing an oily sheen collected in each of five (5) basins from carwash operations and six (6) 55-gallon containers located in the Oil Change Pit, all of which were solid wastes generated by Respondent.

Respondent contends that a waste determination was made at the time the waste was generated with historical, process knowledge.

b. Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or any publicly owned treatment works in any form that causes or would cause pollution that violates or would violate 327 IAC 2-1-6(a)(1), a rule adopted by the board under the environmental management laws.

As noted during the inspection, Respondent deposited or caused and/or allowed the deposit of what appeared to be used oil on the north side of the building, outside of the Mechanical Room. IDEM staff observed a release of what appeared to be used oil into the Town of Schererville's sanitary sewer and stormwater lines. The stormwater clean-out risers located outside of the mechanical room had what appeared to be oil staining inside the pipes. The sanitary sewer clean-out riser contained approximately 12-18" of what appeared to be oily sludge. Both clean-out risers connect directly to the Town of Schererville's main lines. These lines proceed to either the wastewater treatment plant or through stormwater lines and then into waters of the State.

Respondent contends that substances that were the subject of this violation and that appeared to be used oil were instead carwash waste sediments and carwash waste residue.

c. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

Respondent contends that substances that were the subject of this violation and that appeared to be used oil were instead carwash waste sediments and carwash waste residue.

d. 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.

Respondent contends that substances that were the subject of this violation and that appeared to be used oil were instead carwash waste sediments and carwash waste residue.

e. Pursuant to 329 IAC 13-4-3(c), containers and aboveground tanks used to store used oil must be in good condition and not leaking.

As noted during the inspection, Respondent's tanks appeared not in good condition and appeared to be leaking. In the Oil Change Pit, there was visible used oil surrounding the used oil tanks. Respondent had put down carboard and oil dry to soak up the leaking oil. All the valves that attach to the used oil tanks had rags wrapped around them. It was stated by facility staff that they knew they had a leak but were unsure from which tanks, valves and/or pipes.

f. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.”

As noted during the inspection, Respondent did not label used oil containers with the words “Used Oil.” Specifically, Respondent had the following containers of what appeared to be used oil not labeled with the words "Used Oil” in the Oil Change Pit:

· Three (3) 55-gallon plastic drums, one (1) drum in each bay

· Five (5) 5-gallon buckets

· Six (6) 1-2-gallon buckets

Respondent provided photographic evidence on 11/25/24 showing proper labelling of three (3) 55-gallon drums.

g. Pursuant to 329 IAC 13-4-3(e), upon detection of a release of used oil to the environment 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, Respondent failed to perform clean-up steps upon the detection of used oil releases. On the north side of the building, outside of the Mechanical Room, IDEM staff observed a release of what appeared to be used oil to the environment. Grass and dirt in an area surrounding two (2) clean-out risers for the Town of Schererville's sanitary sewer and stormwater lines were covered in what appeared to be oil. Additionally, Respondent failed to stop the release of what appeared to be used oil from the used oil tanks.

Respondent contends that only carwash waste sediments and carwash waste residues were released to the ground.

h. Pursuant to 329 IAC 13-10-2(b), used oils that are not hazardous wastes and cannot be recycled under this article must be disposed in accordance with the requirements of 329 IAC 10.

As noted during the inspection, Respondent failed to dispose of used oil properly. Specifically, what appeared to be used oil was noted on the north side of the building, outside of the Mechanical Room. IDEM staff observed a release of what appeared to be used oil into the Town of Schererville's sanitary sewer and stormwater lines. The stormwater clean-out risers located outside of the mechanical room had what appeared to be oil staining inside the pipes. The sanitary sewer clean-out riser contained approximately 12-18" of what appeared to be oily sludge. Both clean-out risers connect directly to the Town of Schererville's main lines. These lines proceed to either the wastewater treatment plant or through stormwater lines and then into waters of the State.

Respondent contends that only carwash waste sediments and carwash waste residues were released to the ground.

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 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[s]. 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. Upon the Effective Date, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall ensure that a proper waste determination is made for all solid waste at the point of generation. If the waste is hazardous, it shall be managed according to the applicable regulations.

4. Within thirty (30) days of the Effective Date, Respondent shall comply with 329 IAC 13- 4-3(c). Specifically, Respondent shall maintain used oil containers and tanks in good condition and ensure they are not leaking.

5. Within forty-five (45) days of the Effective Date, Respondent shall identify, and repair used oil tanks, valves, and pipes that are leaking.

6. Within forty-five (45) days of the Effective Date, Respondent shall submit to IDEM photographic documentation of the clean-up of the visible used oil surrounding the used oil tanks in the Oil Change Pit. Respondent shall provide to IDEM written documentation of a proper waste determination and disposal documentation for the used oil and used oil contaminated waste generated as part of the clean-up.

7. Within thirty (30) days of the Effective Date, Respondent shall comply with 329 IAC 13- 4-3(d). Specifically, Respondent shall label all used oil containers and aboveground tanks with the words “Used Oil.”

8. Upon the Effective Date of the Agreed Order, Respondent shall comply with 329 IAC 13-4-3(e). Specifically, Respondent shall upon the detection of a release of used oil to the environment, stop the release, contain the release, clean up the release, and report the spill if necessary.

9. Within thirty (30) days of the Effective Date, Respondent shall comply with IC 13-30-2- 1(1), IC 13-30-2-1(4), 329 IAC 10-4-2, and 329 IAC 13-10-2(b). Specifically, Respondent shall clean up the releases by excavating the soil at least six inches beyond visible contamination on the north side of the building, outside of the Mechanical Room, the grass and dirt in an area surrounding two (2) clean-out risers. The two (2) clean-out risers should be cleaned to remove the 12-18” of any oily sludge, carwash waste sediments, and carwash waste residues.

10. Within forty-five (45) days of the Effective Date, Respondent shall submit to IDEM photographic documentation showing the excavation of six inches of soil in the above listed area, written documentation of a proper waste determination for excavated soils and what appeared to be oily sludge, and proper disposal documentation for each waste stream.

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

Debbie Chesterson, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

12. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Eleven Thousand Seven Hundred Fifty Dollars ($11,750). 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.

13. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess, and Respondent shall pay a stipulated penalty in the following amount:

Paragraph	Stipulated Penalty
Order paragraph 3	$100 per week
Order paragraph 4	$100 per week
Order paragraph 5 Order paragraph 6 Order paragraph 7 Order paragraph 8 Order paragraph 9 Order paragraph 10	$100 per week $100 per week $100 per week $100 per week $100 per week $100 per week

Stipulated penalties shall begin to be assessed on the date after the Effective Date and shall continue until the documentation is submitted as required by the associated paragraph.

14. 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.

15. 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 “Indiana Department of Environmental Management,” and shall be payable to IDEM in the manner specified in Paragraph 12, above.

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

17. 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.

18. 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.

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

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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:	7/2/25		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 on 09/10/25

			Brian Wolff
			Assistant Commissioner
			Office of Land Quality