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. 2024-30363-H
					)
clean earth environmental solutions, 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 Clean Earth Environmental Solutions, Inc. (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR000110197, located at 2770 Fortune Circle Drive, in Indianapolis, Marion 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”) via certified mail to:

Jeffrey Diaz, Director	Corporation Service Company, Registered
Clean Earth Environmental Solutions, Inc.	Agent for Clean Earth Environmental
933 First Avenue, Suite 200 King of Prussia, PA 19406	135 North Pennsylvania Street, Suite 1610 Indianapolis, IN 46204

5. Respondent notified EPA of Large Quantity Generator activities and has a RCRA permit (“Permit”) for container storage.

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 July 23, 2024, and July 26, 2024, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 IAC 3.1-7, 329 IAC 3.1-9-2(6), 40 CFR 262.40, 40 CFR 264.71, and Permit Condition I.H.9, the Permittee must maintain at the facility copies of all manifests for shipments of hazardous waste received at and originating from this facility for at least 3 years.

As noted during the inspection, Respondent failed to provide copies of hazardous waste manifests 013423045 JJK, 200771047 CLE, 200814694 CLE, 200815171 CLE, 200823280 CLE, and 200853519 CLE upon request.

On August 5, 2024, Respondent provided manifest copies.

b. Pursuant to 329 IAC 3.1-9, 40 CFR 264.73 and Permit Condition I.H.6, and Attachment D, the Permittee must maintain at the facility the most recent version of the operating record. The description, quantity and location of wastes stored in containers are tracked and documented and maintained in Respondent's operating logs until closure of the facility. Upon acceptance at the facility the waste container will be entered into the electronic inventory and a corresponding package/waste specific label with bar code will be placed on the container. This label and the electronic inventory system enables the tracking of the total waste stored at the facility as well as the location of each individual container and sorting by compatibility. The package(s) will be located/segregated into the appropriate on-site storage area and managed for further processing or transshipping.

As noted during the inspection, Respondent failed to bar code incoming SPAK (retail) containers. Respondent cannot determine the age or location of non-barcoded containers or the total amount of waste on-site at any given time. Non-barcoded containers cannot be scanned when moved in or out of any storage area.

c. 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.

As noted during the inspection, Respondent failed to store rows of containers with adequate aisle space throughout the facility.

d. Pursuant to Permit Condition III.E.2.a., the Permittee is allowed to "stage" incoming containerized wastes in designated areas. Incoming waste must be placed in permitted units within 3 operating days after entering the facility boundary (or contiguous property controlled by the Permittee) unless the Permittee rejects all or part of the shipment. In the case of rejected loads the Permittee will have an additional 60 days to ship the waste off-site to an alternate TSDF or to the generator (40 CFR 264.72). During this timeframe the Permittee must ensure that the rejected load is maintained in a secure location and clearly labeled. Operating day is defined as any 24 hour period during which at least a partial shift is worked by employees who process, treat, place into storage, or dispose of hazardous waste at the facility.

As noted during the inspection, Respondent failed to move waste to permitted storage within 3 operating days after entering the facility boundary. Specifically, Respondent stored one (1) 55-gallon container received on manifest 200771047 CLE on 04/15/24 in front of the docks on the east side of the facility. Additionally, waste was being stored outside of permitted storage areas in SPAK and Staging 23, Solid Waste Storage Areas 1-2, in front of the docks on the east side, and west of the container processing area.

e. Pursuant to Permit Attachment D, banding or stretch-wrapping is required to stabilize each pallet of containers. Containers may only be stacked if designed to be stacked and able to support all of the weight of the above containers. Containers shall be stacked in stable configurations (i.e., will not fall off of the pallet or damage the integrity of the containers).

As noted during the inspection, Respondent failed stretch-wrap pallets of containers and/or stack containers in stable configurations.

8. Orders of the Commissioner are subject to administrative review by the Office of Law Proceedings 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 329 IAC 3.1-9, 40 CFR 264.73 and Permit Condition I.H.6, and Attachment D. Specifically, Respondent shall bar code and track all received waste containers.

4. Within thirty (30) days of the Effective Date, Respondent shall comply with Permit Condition III.E.1.c. Specifically, Respondent shall maintain adequate aisle space between rows (approximately 2 ½ feet) to facilitate inspection.

5. Within thirty (30) days of the Effective Date, Respondent shall comply with Permit Condition III.E.2.a. Specifically, Respondent shall move waste to permitted storage within 3 operating days after entering the facility boundary.

6. Within thirty (30) days of the Effective Date, Respondent shall comply with Permit Attachment D. Specifically, Respondent shall stretch-wrap pallets of containers and stack containers in stable configurations.

7. 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

8. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Fourteen Thousand Dollars ($14,000). 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:

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 Order paragraph 5 Order paragraph 6	$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.

10. 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.

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 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:	1/23/2025		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 02/12/25
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality