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STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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COUNTY OF MARION |
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ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2024-30041-H |
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TRADEBE TREATMENT AND RECYCLING, LLC, |
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Respondent. |
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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 Tradebe Treatment and Recycling, LLC (“Respondent”), which owns and operates
the facility with U.S. EPA ID No. IND000646943, located at 4343 Kennedy Avenue,
in East Chicago, Lake County, Indiana (“Site”).
3.
Respondent has a RCRA permit (“Permit”), which
authorizes Respondent, as the permittee, to conduct storage and treatment
activities at this Site. Respondent operates as a large quantity generator of
hazardous waste pursuant to a Permit dated April 28, 2017 (modified December
17, 2018). A RCRA Permit renewal application was submitted on October 28, 2021
[VFC# 83236773] and remains under review.
4.
IDEM has
jurisdiction over the parties and the subject matter of this action.
5.
Pursuant
to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via certified mail
to:
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Robert O’Brien,
Manager |
Corporation
Service Company, Registered Agent |
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Tradebe Treatment
and Recycling, LLC |
Tradebe Treatment
and Recycling, LLC |
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1433 E. 83rd
Ave., Suite 200 |
135 North
Pennsylvania Street, Suite 1610 |
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Merrillville, IN
46410 |
Indianapolis, IN
46204 |
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Tita LaGrimas |
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VP Regulatory Affairs
and Sustainability |
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Tradebe Treatment
and Recycling, LLC |
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1433 East 83rd
Avenue, Suite 200 |
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Merrillville, IN
46410 |
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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 February 13, 2024, conducted by a representative of IDEM, the following violations were found:
a. Pursuant to 40 CFR 262.17(a)(5)(i)(B), a large quantity generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container is labeled or marked with an indication of the hazards of the contents.
As noted during the inspection, in Area 7, Respondent accumulated
hazardous waste on-site and did not label or clearly mark eight (8) 55-gallon
containers with an “indication of the hazards of the contents” label for all
applicable hazards.
b. Pursuant to 40 CFR 264.171 and Permit Condition III.C., if a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this part.
As noted
during the inspection, Respondent had three (3) containers that were not stored
in good condition; one (1) in Area7 - A1 and two (2) in Area 7 - North Apron.
c. Pursuant to 40 CFR 264.173(b) and Permit Condition III.1.b., a container holding hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.
Pursuant to Attachment D, Permit Condition D-1a(2).M.1.c., containers must be stacked in stable configurations (i.e., container(s) will not readily fall off of the pallet or damage the integrity of the containers or supporting structure). Banding, shrink-wrapping or other devices may be required to stabilize the containers.
As noted during
the inspection, Respondent stored containers in unstable configurations in Area
7 - Row 4B, Area 7 - North Apron, and 3 containers from Load L000048386.
d. Pursuant to Permit Condition III.F., the Permittee must construct, operate, and maintain the containment system as specified in Process Information, Attachment D, which is incorporated herein by reference.
Pursuant to Attachment D, Permit Condition D-1b, TRADEBE is operating thirteen (13) container management storage areas that do not have a containment system as defined by 40 CFR 264.l 75(b) and are therefore used only for the storage of containers without free liquids per 40 CFR 264.175(c). The areas are identified in Table D-1 and shown in the Site Layout and Drawing B-3-97R30216a.
Pursuant to Permit Condition III.E.2.a. and Attachment D, Table D-1, containerized hazardous waste or hazardous secondary materials either being transferred from one permitted unit to another (such as from container storage to tank storage) or being removed from one permitted unit followed by replacement back into that same unit shall remain outside of permitted units only for the minimum time necessary to either transfer the containers to a different storage unit or to remove the containers, perform the activities that required the staging to occur, and return the containers to a permitted storage unit. In no instance shall this time period exceed 12 hours. The containers will be managed in accordance with applicable conditions in Attachment D of the permit. Documentation of container movement from a permitted storage area to a staging area followed by placement into a permitted storage area will include the identification of the container, the date of movement, the time the first container was removed from permitted storage, the location of the staging area, and the time the first container was removed from the staging area and placed into permitted storage. This documentation shall be maintained for 30 days.
As noted during the inspection, in Area 7 – North Apron, Respondent allowed forty-two (42) containers of hazardous waste to exceed the 12-hour time period for container transfer/movement between permitted areas and did not manage the forty-two (42) containers in accordance with Attachment D; Respondent stored liquid containers in solid only permitted units.
e. Pursuant
to 40 CFR 264.177(c), a storage container holding a hazardous waste that is
incompatible with any waste or other materials stored nearby in other containers,
piles, open tanks, or surface impoundments must be separated from the other
materials or protected from them by means of a dike, berm, wall, or other
device.
Pursuant to Permit Condition III.I.3, the Permittee must separate
containers of incompatible wastes as indicated in the Process Information,
Attachment D.
Pursuant to Attachment D, Permit Condition D-la(2).A.,
TRADEBE will evaluate the chemical and physical analyses of the hazardous waste
and hazardous debris to be handled at the facility, pursuant to 40 CFR
270.14(b)(2). The laboratory will evaluate the compatibility characteristics of
the waste with the container in accordance with the Waste Analysis Plan
(Attachment C). Hazardous waste will be placed into permitted storage areas and
chemically incompatible wastes and materials will be segregated to comply with
40 C.F.R. §264.177.
Pursuant to Attachment D, Permit Condition D-1a(2).M.1.h.,
for containers located next to the berms separating areas used to store
incompatible wastes in Areas 5 and 6, stacking of individual containers on top
of another container is permissible only on the following conditions:
i. the
stacked containers are compatible with material in the adjacent sub-area,
ii. incompatible
materials are not store in adjacent sub-area, or
iii. a
barrier has been installed (e.g., netting, fence) that will prevent the upper
container from falling into the adjacent sub-area.
As noted during the inspection, in Area 7 - A4, Respondent stored
incompatible hazardous waste together without meeting the separation/barrier
requirements.
Respondent corrected the violation at the time of the inspection.
f. Pursuant to Permit Condition III.E.2(d), incoming hazardous waste from an off-site generator shall be placed in permitted units within 72 hours, not including non-operating days, of entering the facility boundary (or contiguous property controlled by the permittee) unless the permittee rejects all or part of an incoming shipment. All incoming dropped loaded trailers will be logged in by a member of the Permittee’s Receiving Team or other designated individual; the log will be located in the Receiving Team's office. Information to the "Incoming Trailer Log" must be filled out immediately (within the hour) upon the truck entering the facility boundary (or contiguous property controlled by the Permittee). Included on the log will be the following information: Time and Date the trailer entered the Permittee's property; Trailer Number; Confirmation and initials of the person logging the trailer. The old logs will be kept for 30 days in the receiving office.
As noted during the inspection, (in Area 7 - A1 and Area 7 - A2), Respondent stored six (6) 525-gallon steel incoming hazardous waste containers (containing liquid) and 145 55-gallon incoming hazardous waste containers (containing liquid), which were received from an off-site generator, in a “solids only” unit for greater than 72 hours.
As noted during the inspection, Respondent failed to include the time a trailer was received on the incoming Dropped Trailer Log immediately (within the hour) as required in their permit. Specifically, Load Number 47401 (Trailer 297201, January 15, 2024) and Load Number 47912 (Trailer PCI122, January 18, 2024).
g. Pursuant to Permit Condition III.E.1.c., containers of 30 gallons or more must be stored so that they can be inspected for leaks and for deterioration caused by corrosion or other factors, without having to move the containers during the inspection and must have adequate aisle space between rows (approximately 2 ½ feet) to facilitate inspection.
Pursuant to Permit Condition II.H.4., the Permittee must maintain sufficient aisle space.
As noted during the inspection, in Area 7 – North Apron, Respondent did not maintain adequate aisle space between two (2) rows.
h. Pursuant to Attachment D, Permit Condition D-1a(2)I, containers will be marked, or re-marked, as information becomes available, pursuant to 40 CFR 264.73(6). Containers that are accepted by TRADEBE will be marked with a container specific identification number or symbol. The purpose of the marking is for internal tracking of the container for TRADEBE's operating records.
As noted during the inspection, in Area 7 – North Apron, Respondent failed to mark one (1) container with a container specific identification number or symbol.
i. Pursuant to 40 CFR 264.52(e), the [contingency] plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.
Pursuant to Permit Condition II.H.1., the Permittee must equip the facility with the equipment set forth in the attached Contingency Plan, Attachment G, which is incorporated herein by reference.
Pursuant to Permit Condition II.I.1., the Permittee must immediately comply with the provisions of the Contingency Plan, Attachment G, and follow the emergency procedures described by 329 IAC 3.1-9-2(3) and (4) and 40 CFR 264.56 whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which threatens or could threaten human health or the environment.
As noted during the inspection, in Area 7, Respondent failed to have
the equipment set forth in the facility’s Contingency Plan, Attachment G.
Specifically, Respondent was missing one (1) shower in the Lab, one (1)
portable eyewash station on the south wall of the non-hazardous platform, and
one (1) portable eyewash station on the north wall of the warehouse area. In
addition, a fire blanket indicated as being on the north wall in the lab was
not there.
j. Pursuant to 40 CFR 264.73(b)2, the following information must be recorded, as it becomes available, and maintained in the operating record for three years unless noted as follows:
(2) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste must be recorded on a map or diagram that shows each cell or disposal area. For all facilities, this information must include cross-references to manifest document numbers if the waste was accompanied by a manifest. This information must be maintained in the operating record until closure of the facility.
Pursuant to Permit Condition II.K.1., in addition to the record keeping and reporting requirements specified elsewhere in this Permit, the Permittee must maintain a written operating record at the facility.
As noted during the inspection, Respondent failed to have the IDEM
report, which contains the composite count of all the containers at the
facility, by 55-gallon drum equivalents, available at the time of the
inspection. In addition, Respondent failed to update the report, as information
became available, with the location of each hazardous waste within the facility
and the quantity at each location. Specifically:
1. According to the IDEM Report there were
80 55-gallon drum equivalents in Area 7 - A1. IDEM staff counted over 300
containers in rows 1, 2, 6, 17, 18, and Scale Rows 1-3. There are approximately
21 rows total in Area 7 - A1.
2. In Area 7 - A2, the IDEM Report stated
there were 77 55-gallon drum equivalents in this area. IDEM staff counted 97
containers in rows 8-10 plus all the containers cited in rows 7, 11, and 13.
3. In Area 7 - A4, the IDEM Report stated
there were 18 55-gallon drum equivalents in this area. IDEM staff counted 60
drums, 8 330-gallon totes, 8 overpacks, as well as 8 pallets of boxes
containing peroxide and senna syrup.
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 rules and permit conditions listed in the findings of
fact above.
3.
Within thirty
(30) days of the Effective Date, Respondent shall comply with 40 CFR 264.52(e),
Permit Condition II.H.1., and Permit Condition II.I.1. Specifically, Respondent
shall submit documentation to IDEM that the equipment required by the
Contingency Plan is present and in usable condition.
4.
Upon the
Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B).
Specifically, Respondent shall mark containers with the appropriate indication
of hazards.
5.
Upon the
Effective Date, Respondent shall comply with Permit Condition III.E.1.c. and Permit Condition II.H.4. Specifically, Respondent shall provide
adequate aisle space.
6. Upon
the Effective Date, Respondent shall comply with 40 CFR 264.171 and Permit
Condition III.C. Specifically, Respondent shall ensure containers are stored in
good condition.
7. Upon
the Effective Date, Respondent shall comply with 40 CFR 264.173(b) and
Attachment D, Permit Condition D-1a(2).M.1.c., and
Permit Condition III.E.1.b. Specifically, Respondent shall ensure containers
are stored in stable configurations.
8. Upon
the Effective Date, Respondent shall comply with Permit Condition III.F., Attachment
D, Permit Condition D-1b, Permit
Condition III.E.2.a. and Attachment D, Table D-1. Specifically, Respondent
shall ensure containers do not exceed the 12-hour period for container
transfer/movement between permitted areas and that liquids are stored in
approved permitted units.
9. Upon
the Effective Date, Respondent shall comply with 40 CFR 264.177(c), Permit
Condition III.I.3, Attachment D,
Permit Condition D-la(2).A., and Attachment D, Permit
Condition D-1a(2).M.1.h. Specifically, Respondent shall ensure incompatible
hazardous waste are not stored together without meeting the separation/barrier
requirements.
10. Upon the Effective Date, Respondent shall comply with Permit Condition III.E.2(d). Specifically, Respondent shall ensure incoming hazardous waste (contained liquid), received from an off-site generator, is placed within a permitted unit within 72 hours.
11. Upon the Effective Date, Respondent shall comply with Attachment D, Permit Condition D-1a(2)I. Specifically, Respondent shall ensure each container is marked with a container specific identification number or symbol.
12. Upon the Effective Date, Respondent shall comply with 40 CFR 264.73(b)2 and Permit Condition II.K.1. Specifically, Respondent shall update the IDEM report, which contains the composite count of all the containers at the facility, by 55-gallon drum equivalents, with the location of each hazardous waste within the facility and the quantity at each location.
13.
All
submittals required by this Agreed Order, unless IDEM notifies the Respondent
otherwise in writing, shall be sent to:
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Linda McClure, Enforcement Case Manager |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
14.
Pursuant
to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirty-Three
Thousand Dollars ($33,000). 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:
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Indiana Department
of Environmental Management |
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Accounts
Receivable |
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P.O. Box 3295 |
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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.
15. 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:
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Stipulated
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Order paragraph 3 |
$200 per week |
16.
Stipulated
penalties shall be due and payable no later than the thirtieth day 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.
17.
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 14, above.
18.
Signatories
to this Agreed Order certify that they are fully authorized to execute this
Agreed Order and legally bind the party they represent.
19.
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.
20.
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.
21.
Respondent
shall ensure that all contractors, firms, and other persons performing work
under this Agreed Order comply with the terms of this Agreed Order.
22.
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.
23.
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.
24.
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.
25.
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.
26.
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.
27.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
REMAINDER OF PAGE LEFT BLANK
INTENTIONALLY
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Jennifer Reno,
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APPROVED AND
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MANAGEMENT THIS |
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For the
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Signed July 19,
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Brian Wolff |
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