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. 2023-29628-H
					)
PROFESSIONAL LOCOMOTIVE SERVICES, 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 Professional Locomotive Services, Inc. (“Respondent”), which owns/operates the facility, with EPA ID No. IND049307044, located at 4949 Huish Drive, in East Chicago, 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, on October 13, 2023, IDEM issued a Notice of Violation (“NOV”) via certified mail to:

Adela Ortega, President	Adela Ortega, Registered Agent
Professional Locomotive Services, Inc.	Professional Locomotive Services, Inc.
18069 Crystal Lane	4949 Huish Drive
Lansing, IL 60438	East Chicago, IN 46312
adela@plsworks.com

5. Respondent notified EPA as “Not a Generator” of hazardous waste on June 5, 2018.

6. 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.

7. During an investigation including an inspection on August 3, 2023, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.13, a generator must determine its generator category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month.

As noted during the inspection, Respondent notified as “Not a Generator” of hazardous waste on June 5, 2018. A review of hazardous waste manifests indicated that the facility operated as a small quantity generator (“SQG”) in 2018, 2019, 2020, 2021, and 2022. Specifically, according to manifest records, Respondent has been generating D039 hazardous waste at small quantity generator levels at least twice per year since November 2018 from the maintenance of its parts washer.

b. 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 its hazardous waste activity on the approved forms.

As noted during the inspection, Respondent failed to notify the Commissioner of a status change to its hazardous waste generator activities.

c. Pursuant to 40 CFR 262.16(b)(8)(vi), a small quantity generator must attempt to make arrangements with local emergency authorities to familiarize them with the facility.

As noted during the inspection, Respondent did not attempt to make these arrangements.

d. Pursuant to 40 CFR 262.16(b)(9)(i), at all times there must be at least one employee on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures.

As noted during the inspection, Respondent failed to have at least one employee on the premises or on call with the responsibility for coordinating all emergency response measures.

e. Pursuant to 40 CFR 262.16(b)(9)(ii), the small quantity generator must post the following information next to the telephone: (1) the name and phone number of the emergency coordinator; (2) location of fire extinguishers and spill control material and, if present, fire alarm; (3) the telephone number of the fire department, unless the facility has a direct alarm.

As noted during the inspection, Respondent failed to post the required information next to the telephone.

f. Pursuant to 40 CFR 262.18(d)(1), a small quantity generator must re-notify EPA starting in 2021 and every four years thereafter by September 1^st of each year.

As noted during the inspection, Respondent failed to re-notify as a small quantity generator every four years as required.

g. Pursuant to IC 13-22-4-3.1(b), a hazardous waste small quantity generator (SQG), i.e., a person that generates, in any one or more calendar months of a calendar year:

a) more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;

b) less than one (1) kilogram of acute hazardous waste; or

c) less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year.

A review of IDEM records pertaining to the Site revealed that, as of September 11, 2023, Respondent had not submitted an annual report for 2019 (CY 2018), 2020 (CY 2019), 2021 (CY 2020), 2022 (CY 2021), and 2023 (CY 2022).

8. 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 statute and rules listed in the findings of fact above.

3. Within ten (10) days of the Effective Date, Respondent shall comply with 40 CFR 262.13, 329 IAC 3.1-1-10, and 40 CFR 262.18(d)(1). Specifically, Respondent shall submit an updated electronic notification of generator activities in the myRCRAid module of RCRAInfo. Instructions can be found here: https://www.in.gov/idem/waste/waste-industries/waste-transportation/how-to-obtain-a-new-rcra-id-number/.

4. Within thirty (30) days of completing Order Paragraph 3, Respondent shall submit the Annual Manifest Report for Report Year 2019 (CY 2018) and 2020 (CY 2019). Obtain the forms from the contact listed below:

Matt Peterschmidt

Indiana Department of Environmental Management

Data Management Section

100 North Senate Avenue

Indianapolis, Indiana 46204-2251

(317) 233-8901 | mpetersc@idem.IN.gov

5. Within thirty (30) days of completing Order Paragraph 3, Respondent shall submit the annual manifest report for Report Year 2021 (CY 2020), 2022 (CY 2021), and 2023 (CY 2022). The report for hazardous waste activity must be submitted electronically via the biennial report module in RCRAinfo. Instructions can be found here: https://www.in.gov/idem/waste/resources/annual-report-and-biennial-report/. RCRAinfo may be accessed at: https://rcrainfo.epa.gov/rcrainfoprod/action/secured/login

6. Within thirty (30) days of completing Order Paragraph #3, Respondent shall comply with 40 CFR 262.16(b)(8)(vi), 40 CFR 262.16(b)(9)(i), and 40 CFR 262.16(b)(9)(ii). Specifically, based on determined generator status, Respondent shall submit documentation indicating compliance with the following:

a. Arrangements have been made with local authorities,

b. Assignment of an emergency coordinator, and

c. Posting of emergency coordinator name and phone number, location of fire extinguishers and spill control material, and the telephone number of the fire department, if no direct alarm.

7. 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

8. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Six Thousand Two Hundred and Fifty Dollars ($6,250). Said penalty amount shall be due and payable in eleven (11) monthly installments of Five Hundred and Twenty Dollars ($520) and one (1) installment of Five Hundred and Thirty Dollars ($530). Respondent shall pay the first installment by the due date printed on the Invoice, as attached. Respondent shall pay by the due date printed on subsequent invoices in accordance with the agreed upon payment plan.

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.

9. 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	$100 per week
Order paragraph #6	$100 per week

10. 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.

11. 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 8, 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 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.

14. 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.

15. Respondent 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 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.

18. 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.

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 Respondent[s] 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 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:	2/15/2024		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 3/19/2024
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality