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. 2023-29794-H
					) )
COLIN J. AND KELLY M. DASELER					)
TRITECH MANUFACTURING, INC.,					)
USLAR LAND LLC,					)
					)
Respondents.					)

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 current property owners Colin J. and Kelly M. Daseler, former property owner and facility operator Uslar Land LLC, and former operator Tritech Manufacturing, Inc. which operated the company with United States Environmental Protection Agency (“EPA”) ID No. IND042846592, located at 2728 Commercial Road, in Fort Wayne, Allen 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”) on May 1, 2024 via certified mail to:

Colin J. and Kelly M. Daseler	Thomas Uslar, Member for
Property Owners	Uslar Land LLC
450 W. Rudisill Boulevard	1239 West Rudisill Boulevard
Fort Wayne, Indiana 46807	Fort Wayne, Indiana 46807
colind@americanrenovations.com	tomuslar@msn.com
Edward Uslar, President and	Edward Uslar, Registered Agent
Registered Agent for	Uslar Land LLC
Tritech Manufacturing, Inc.	380 Lane 301B Lake George
380 Lane 301B Lake George	Freemont, Indiana 46737
Freemont, Indiana 46737

5. Respondent Tritech Manufacturing, Inc. was a manufacturer of printed circuit boards and operated as a small quantity generator of listed waste F006, wastewater treatment sludge from electroplating operations, prior to ceasing operations in October 2019.

6. The facility was cited for operating a hazardous waste storage facility in 1991 and was subject to closure activities under the Resource Conservation and Recovery Act (“RCRA”) and related state law. As a result of operating an unpermitted hazardous waste storage facility, the facility is subject to RCRA-based site-wide corrective action.

7. The facility’s wastewater treatment system and associated wastewater collection pits were the focus of a RCRA-based Facility Assessment and site visit by IDEM’s Office of Land Quality Hazardous Waste Permitting Section in 2017 and were identified as Solid Waste Management Units.

8. Uslar Land LLC purchased the Site in April 2019 and in October 2021, notified IDEM of episodic F006 generation to take place between December 1, 2021 and January 30, 2022. The F006 from the facility’s wastewater treatment system was not removed from the site for disposal until February 3-7, 2022, after the event deadline.

9. Uslar Land LLC then notified EPA of non-generation activities on May 5, 2022 and subsequently sold the Site to the Daselers as of February 6, 2023.

10. IDEM performed an onsite inspection November 6, 2023 based upon a referral from the IDEM Regulatory Reporting Section for generating large quantity generator volumes of hazardous waste and failing to report the appropriate generator status.

11. Based upon the November 6, 2023 inspection and a review of facility discharge records, it was discovered that there was no discharge from the facility’s wastewater treatment system to the Fort Wayne publicly owned treatment works (“POTW”) during year 2020 through May 2021. There were batch discharges from the wastewater treatment system after that in June and October 2021.

12. 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.

13. During an investigation including an inspection on November 6, 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 and record review, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC ceased operations in October 2019. The onsite wastewater treatment system did not discharge to the Ft. Wayne POTW during year 2020 through May 2021 and was sporadically discharging after that, until said Respondents decommissioned/cleaned out the wastewater treatment system, including tanks and concrete floor pits, removing 11,000 pounds of F006 hazardous waste. Said Respondents failed to properly identify their hazardous waste generator status as a large quantity generator (“LQG”) during this time.

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 and record review, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC operated as a LQG and did not correctly determine their status.

c. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.261, the content of the contingency plan must include the following: a description of appropriate actions, arrangements with local emergency response teams, contact information for the emergency coordinators, emergency equipment, and an evacuation plan.

As noted during the inspection and record review, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC’s contingency plan did not include all the required LQG information.

On November 17, 2023, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC provided the contingency plan while the facility was operating in 2019; however, the contingency plan was for when the facility was operating as a small quantity generator (“SQG”).

d. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.262(b), a large quantity generator that first becomes subject to these provisions after May 30, 2017 or a large quantity generator that is otherwise amending its contingency plan must at that time submit a quick reference guide of the contingency plan to the local emergency responders identified at paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee. The quick reference guide must include:

(1) The types/names of hazardous wastes in layman’s terms and the associated hazard associated with each hazardous waste present at any one time.

(2) The estimated maximum amount of each hazardous waste that may be present at any one time.

(3) The identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff.

(4) A map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes.

(5) A street map of the facility in relation to surrounding businesses, schools, residential areas to understand how best to get to the facility and also evacuate citizens and workers.

(6) The locations of water supply.

(7) The identification of on-site notification systems; and

(8) The name of the emergency coordinator(s) and 7/24-hour emergency telephone number(s) or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.

As noted during the inspection and record review, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC did not have a quick reference guide (“QRG”) developed.

e. Pursuant to 40 CFR 262.17(a)(7)(i)(A), facility personnel must successfully complete a program of classroom instruction, online training (e.g. computer-based or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part. The large quantity generator must ensure that this program includes all the elements described in the document required under paragraph (a)(7)(iv) of this section.

As noted during the inspection and record review, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC did not provide hazardous waste training documentation.

On November 17, 2023, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC provided training records for 2019 when the facility was still operating; however, the training records were for SQG.

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

a) more than one thousand (1,000) kilograms of hazardous waste;

b) at least one (1) kilogram of acute hazardous waste; or

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

accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department either the biennial report concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, that summarizes the person's hazardous waste shipments during the previous calendar year. LQGs are required to submit the Hazardous Waste Biennial Report by March 1 of each even numbered year and the IDEM annual manifest report by March 1 of each odd numbered year.

As noted during the inspection and record review, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC did not submit the required report in 2023 for waste disposed of in 2022 during the cleanout of the wastewater treatment system.

g. Pursuant to 40 CFR 262.17, a large quantity generator that accumulates hazardous waste on site for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270 unless he has been granted an extension to the 90-day period.

As noted during the inspection and record review, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC generated plating waste at the facility that was treated in an onsite wastewater treatment system and left in the wastewater treatment system tanks and two concrete floor pits from October 4, 2019 until clean-out was conducted and the waste was shipped offsite in February 2022. Layered/striated staining was observed on the concrete walls inside the south pit. Portions of both pits were not visible, as pieces of concrete were being used to fill-in the pits. Reddish/brown staining was observed on the concrete (ground level) surface north, south, and west of the pits.

h. 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.

As noted during the inspection and record review, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC generated plating waste at the facility that was treated in an onsite wastewater treatment system and left in the wastewater treatment system tanks and two concrete floor pits from October 4, 2019 until clean-out was conducted and the waste was shipped offsite in February 2022. Layered/striated staining was observed on the concrete walls inside the south pit. Portions of both pits were not visible, as pieces of concrete were being used to fill-in the pits. Reddish/brown staining was observed on the concrete (ground level) surface north, south, and west of the pits.

i. 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.

As noted during the inspection and record review, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC generated plating waste at the facility that was treated in an onsite wastewater treatment system and left in the wastewater treatment system tanks and two concrete floor pits from October 4, 2019 until clean-out was conducted and the waste was shipped offsite in February 2022. Layered/striated staining was observed on the concrete walls inside the south pit. Portions of both pits were not visible, as pieces of concrete were being used to fill-in the pits. Reddish/brown staining was observed on the concrete (ground level) surface north, south, and west of the pits.

j. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.251, a large quantity generator must maintain and operate the facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

As noted during the inspection, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC generated plating waste at the facility that was treated in an onsite wastewater treatment system and left in the wastewater treatment system tanks and two concrete floor pits from October 4, 2019 until clean-out was conducted and the waste was shipped offsite in February 2022. Layered/striated staining was observed on the concrete walls inside the south pit. Portions of both pits were not visible, as pieces of concrete were being used to fill-in the pits. Reddish/brown staining was observed on the concrete (ground level) surface north, south, and west of the pits.

14. Respondents Tritech Manufacturing, Inc. and Uslar Land LLC assert the wastewater treatment exemption from RCRA permitting requirements of 40 CFR 260.10 applied throughout this period of time.

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, Respondents acknowledge notice of this right and waive 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. Should Respondents engage in the generation of hazardous waste, Respondents shall comply with the statutes and rules listed in the findings of fact above including the following:

a. Respondents shall comply with 40 CFR 262.13. Specifically, Respondents shall determine the generator category on a monthly basis.

b. Respondents shall comply with 329 IAC 3.1-1-10. Specifically, Respondents 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/.

c. Respondents shall comply with 40 CFR 262.17(a)(6)/40 CFR 262.261. Specifically, upon or on discovery of a change in generator status, Respondent shall ensure compliance with 40 CFR 262 related to Respondents’ generator status, to include a creation of a Contingency Plan.

d. Respondents shall comply with 40 CFR 262.17(a)(6)/40 CFR 262.262(b). Specifically, upon or on discovery of a change in generator status, Respondents shall ensure compliance with 40 CFR 262 related to Respondents’ generator status, to include a QRG.

e. Respondents shall comply with 40 CFR 262.17(a)(7)(i)(A). Specifically, upon or on discovery of a change in generator status, Respondents shall ensure compliance with 40 CFR 262 related to Respondent’s generator status, to include implementation of a training program for personnel working with hazardous waste if necessary.

3. Within thirty (30) days of the Effective Date, Respondents Tritech Manufacturing, Inc. and/or Uslar Land LLC shall comply with IC 13-22-4-3.1(c). Specifically, Respondents shall submit the annual manifest report for 2022. The Annual Report for 2022 hazardous waste activity must be submitted electronically via the Annual 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.

4. Within thirty (30) days of the Effective Date, Respondents shall do one of the following:

a. Respondents shall submit a hazardous waste closure plan for the two concrete pits and stained walls and floors to IDEM for approval. Contact the case manager for how to submit the closure plan. The closure plan shall be completed in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1.

b. Contact Jeff Workman of IDEM’s Hazardous Waste Permits and Corrective Action Section at (317) 232-3221 or jworkman@idem.in.gov regarding entering into a Corrective Action Agreed Order, which, in addition to site-wide corrective action, would provide for removal or decontamination of the pits and the establishment of financial assurance as required by applicable rule.

5. If Respondents choose 4.a. above, Respondents shall comply with the following:

a. Within ten (10) days of notice of IDEM’s approval of the closure plan, Respondents shall implement the plan as approved and in accordance with the time frames contained therein.

b. In the event IDEM determines that any plan submitted by Respondents is deficient or otherwise unacceptable, Respondents shall revise and resubmit the plan to IDEM in accordance with IDEM's notice. After three (3) submissions of such plan by Respondents, IDEM may modify and approve any such plan and Respondents must implement the plan as modified by IDEM. The approved plan shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof.

c. Within thirty (30) days notice of IDEM’s approval of the closure plan, Respondents shall provide documentation of adequate financial assurance pursuant to 329 IAC 3.1-15 in the amount of estimated closure costs.

6. If Respondent’s choose 4.b. above, Respondents shall comply with the following:

a. Within fifteen (15) days of receipt of a draft Corrective Action Agreed Order, Respondent shall return a signed copy of the Order and begin implementation of the Order in accordance with the time frames specified therein.

b. Within thirty (30) days of entering into the Corrective Action Agreed Order, Respondents shall provide proof of adequate financial assurance meeting the requirements of 329 IAC 3.1-15 for the performance of corrective action at the site.

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

Jodi Pisula, 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, Respondents are assessed and agree to pay a civil penalty of Twenty-Two Thousand Four Hundred Dollars ($22,400.00), 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 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.

9. 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.a.	$100 per week
Order paragraph #5.b.	$100 per week
Order paragraph #6.a.	$100 per week
Order paragraph #6.b.	$100 per week

10. Stipulated penalties shall be due and payable no later than the thirtieth day 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 “Indiana Department of Environmental Management,” and shall be payable to IDEM in the manner specified in Paragraph 13, 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: Colin J. and Kelly M. Daseler
Department of Environmental Management
By:			By:
	Jennifer Reno, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:			Date:
			RESPONDENT: Former Tritech Manufacturing, Inc.
			By:
			Printed:
			Date:
			RESPONDENT: Uslar Land LLC
			By:
			Printed:
			Title:
			Date:
			COUNSEL FOR RESPONDENTS:
			By:
			Printed:
			Date
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed 8/23/2024
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality