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. 2024-30426-H
					)
Heidelberg materials us cement llc,					)
					)
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 Heidelberg Materials US Cement LLC (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. IND 005 081 542 located at 3084 W CR 225 S, in Logansport, Cass 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 to:

Mr. Chistopher Ward, President	Corporation Service Company
Heidelberg Materials US Cement LLC	Registered Agent for:
300 E John Carpenter Fwy, Suite 1645 Legal Department Irving TX 75062	Heidelberg Materials US Cement LLC 135 N Pennsylvania St. Suite 1610
3084 E	Indianapolis, IN 46204

5. Respondent is a permitted hazardous waste treatment, storage, and disposal (“TSD”) facility. The Permit Renewal was issued on January 10, 2025, and expires on January 10, 2030. The previous permit expired October 24, 2024.

6. Respondent is a manufacturer of Portland and masonry cement. Respondent operates two cement kilns.

7. Respondent submitted a response dated June 17, 2025.

8. 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.

9. During an investigation including an inspection on September 16, 2024, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.17(a)(1)(iv)(A), a container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.

As noted during the inspection, one (1) container (SB1584) of Respondent’s generated waste located in the Bulk Management System Dry Containment Storage Pad was not closed with complete coverage around the top of the roll-off. Additionally, there was a rip in the tarp.

b. Pursuant to 329 IAC 3.1-9, 40 CFR 264.16(c), Permit Condition II.E, and Permit Attachment H, H-3, facility personnel must take part in an annual review of the initial training required in 40 CFR 264.16(a). The objectives of this education and training program are:

1. To make employees aware of the potential hazards that may be encountered during the receiving, unloading, storage, processing, and burning of LWDF and CWDF in the cement kilns.

2. To educate employees and provide the skills necessary to perform work with minimal risk to health and safety.

3. To instruct employees on the purpose, limitations, use, and care of safety equipment and personal protective equipment.

4. To enable employees to safely respond to emergencies using TSDF emergency procedures and contingency plans.

5. To give employees a general understanding of applicable environmental regulations so that they may perform the work in a manner that maintains the facility's compliance with state and federal requirements. Annual hazardous waste refresher training is conducted for all employees working in the TSDF operations or in areas of the cement plant associated with such burning.

As noted during the inspection, based on the records provided, Mr. Roger

Pederson did not receive annual training in 2023. Staff tasked with inspections of

the secondary containment systems of the rail car unloading, tank farms, tanker

unloading, and rail car staging area were not recognizing potential hazards,

specifically signs of deterioration, cracks, peeling of the coating of the secondary

containment systems, damage to the secondary containment systems, and the

presence of material and liquids in the sumps of the secondary containment

systems.

Respondent conducted “Crack Identification” training for employees on May 20, 2025.

c. Permit Condition IV.G and/or Permit Condition III.F, Attachment D-6; 329 IAC 3.1-9, 40 CFR 264.193 and/or 40 CFR 264.175, in order to prevent the release of hazardous waste or hazardous constituents to the environment, the Permittee must provide secondary containment as specified in the Tank Storage Plan, Attachment D. Damaged portions of the secondary containment system will be repaired within fifteen (15) days of discovery of a defect. The Permittee must construct, operate, and maintain the containment system as specified in Process Information, Attachment D.

As noted during the inspection, the following was observed:

· Peeling and cracked coating within the secondary containment area for hydrapulper tank and level control tank.

· Peeling and cracked coating and damage to the secondary containment system at the direct burn pad, rail car unloading and rail car unloading pump area.

· Accumulation of material in the sump of the secondary containment system for the rail car unloading area reducing the capacity of the system.

· Peeling and cracked coating and damage to the secondary containment system within the tank farm and tanker truck off-loading bay.

· Significant damage to a support pillar by Bay 4 for the rack system in the tanker unloading area.

· Damaged and cracked coating and damage to the containment system in the sumps, wall, and floor of the secondary containment system of Area 1. Vegetation was observed growing from within the sumps, grating, and floor.

Respondent submitted photos of repairs made in the secondary areas in the

submittal dated June 17, 2025. The repairs will be field verified.

d. Pursuant to 329 IAC 3.1-9, 40 CFR 264.175, Permit Conditions III.F and III.G; Appendix D. D-6 F, the Permittee must construct, operate, and maintain the containment system as specified in Process Information, Attachment D, which is incorporated herein by reference.

The Permittee must inspect the container storage areas, at least weekly, to detect leaking containers and deterioration of containers and the containment system caused by corrosion or other factors. The railcar storage area, not having sufficient capacity for a 25-year, 24 hour rainfall, must be inspected daily and following precipitation events when in use.

All secondary containment areas have been properly designed to meet the requirements of 40 CFR 264.175(b)(1)-(5) or 264.193(e)(2). In general, the secondary containment systems have been designed and are operated to drain and remove liquids from leaks, spills, or precipitation; they have sufficient capacity to contain the contents of the largest container; they are designed to accept a 24-hour, 25-year storm event (Tanks 1-11 containment, Bulk Management System Wet Container Storage, and Railcar Staging/Storage Area 1, and the hydrapulper/LCT tank farm area) and to prevent any other run-on (all storage areas); and they are operated so that accumulated liquids are removed from the sump and collection areas within twenty-four (24) hours and as necessary to prevent overflow of the containment systems (refer to Appendix D-2).

As noted during the inspection, liquid was observed in the first sump (north) of the Rail Car Storage Area; however, it has been over a week with no precipitation events.

Respondent submitted a response dated June17, 2025 stating the liquid drains naturally from the launder (sump) to the larger secondary containment tank located west of the storage tracks. This pipe is positioned slightly above the bottom of the launder, resulting in a very small amount of liquid that does not drain completely. A photo was attached showing the current status of the launder after several days of intermittent rain at the facility. Respondent also noted that these sumps/launders are not considered in the secondary containment calculation for incoming rail area.

e. Pursuant to 329 IAC 3.1-9, 40 CFR 264.171, and Permit Conditions III.C, if a container holding hazardous waste is not in good condition (e.g., no appreciable rusting or apparent structural defects) or if it begins to leak, the Permittee must transfer the hazardous waste from such container to a container that is in good condition or otherwise manage the waste in compliance with the conditions of this permit.

As noted during the inspection, two pails located on the bottom row of a pallet of pails in the containerized waste-derived fuels (“CWDF”) Container Storage Area appeared to be collapsing and were not in good condition.

f. Pursuant to Permit Conditions II.P and 40 CFR 268.50(a)(2)(i), the Permittee shall comply with all the applicable prohibitions on storage of restricted wastes specified in 40 CFR 268 Subpart E. Except as provided in this section, the storage of hazardous wastes restricted from land disposal under subpart C of this part of RCRA section 3004 is prohibited, unless the following conditions are met:

(1) A generator stores such wastes in tanks, containers, or containment buildings on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in §§ 262.16 and 262.17 and parts 264 and 265 of this chapter.

(2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and: (i) Each container is clearly marked to identify its contents and with:

(A) The words “Hazardous Waste”;

(B) The applicable EPA hazardous waste number(s) (EPA hazardous waste codes) in subparts C and D of part 261 of this chapter; or use a nationally recognized electronic system, such as bar coding, to identify the EPA hazardous waste number(s);

(C) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and

(D) The date each period of accumulation begins.

As noted during the inspection, numerous containers located in the CWDF Container Storage Area (pails) were not marked with the indication of toxicity. The toxic labels were placed on the stretch wrap, not on the containers. Some of the containers had been relabeled with a hazardous waste label at which time the word “toxic” had been added to the label.

g. Pursuant to Permit Conditions II. P.(1)(4) and 40 CFR 268.50(b), the Permittee,

an owner/operator of a treatment, storage or disposal facility, may store such wastes for up to one year unless the Agency can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

As noted during the inspection in the CWDF Storage Area (pails), there were numerous pallets that contained between 36 and 48 5-gallon pails stretch-wrapped to the pallet. According to Respondent’s representative, the facility is no longer receiving pails from off-site and all the pails in the storage area are from on-site generator activities.

Accumulation start dates on some of the observed pails were from July, August, and early September 2023. There was one (1) pallet that was not stretch wrapped. According to Respondents representative, the pails are being “repurposed” in that additional waste is being added to the waste already in the pails and the pails are being relabeled.

The new labels on the pails include accumulation start dates from July, August, and early September 2024. As these containers are in storage and are not satellite accumulation containers, the accumulation start date was the first date that the waste was placed into the containers and the dates should not be changed due to additional waste being placed in the containers.

Respondent submitted a response dated June 17, 2025. During the months of September and October of 2024 the pails were consumed in the kiln as fuel.

h. Pursuant to 40 CFR 264.1084(i)(1), Permit Conditions V.B. and V.C., the owner or operator who controls air pollutant emissions by using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the requirements specified in paragraphs (i)(1) through (i)(4) of this section.

(1) The tank shall be located inside an enclosure. The enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” initially when the enclosure is first installed and, thereafter, annually.

As noted during the inspection, Respondent provided initial verification from May 2022, and annual verification conducted in May 2023 for the “Procedure T—Criteria and Verification of a Permanent or Temporary Total Enclosure” but did not have the documentation available for 2024.

Respondent submitted a response dated June 17, 2025. Respondent stated the operation of the bulk solids system is interlocked with the plant’s operating system to prevent it from operating under proper conditions and all data is recorded in the data historian. Respondent contends they maintain records for monitoring as required under 10CFR 264.1033(1) and had them available at the time of the inspection. An example of the monitoring data was attached.

i. Pursuant to 40 CFR 264.1084(i)(4), Permit Conditions V.B. and V.C., the owner or operator who controls air pollutant emissions by using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the requirements specified in paragraphs (i)(1) through (i)(4) of this section.

(4) the owner or operator shall inspect and monitor the closed-vent system and control device as specified in § 264.1087 of this subpart.

As noted during the inspection, Respondent did not have records for the inspection and monitoring required under 40 CFR 264.1033(l) available at the time of the inspection.

10. Orders of the Commissioner are subject to administrative review by the Office of Administrative 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. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(1)(iv)(A). Specifically, Respondent shall ensure the tarped roll-off box(s) accumulating hazardous waste located in the Bulk Management Dry Containment Storage Pad are completely closed around the top of the roll-off and if the tarp is not in good condition either repair or replace the tarp.

4. Upon the Effective Date, Respondent shall comply with 329 IAC 3.1-9, 40 CFR 264.16(c), Permit Condition II.E. and Permit Attachment H, H-3. Specifically, Respondent shall ensure in the future all employees receive the required annual training. Respondent conducted

5. Upon the Effective Date, Respondent shall comply with 40 CFR 264.171 and Permit Condition III.C. Specifically, Respondent shall ensure in the future if a container of hazardous waste is not in good condition that the hazardous waste is transferred into a container that is in good condition.

6. Respondent has submitted to IDEM documentation for the secondary containment areas repair work noted in Findings of Fact 9.c. These areas will be field verified.

7. Upon the Effective Date, Respondent shall comply with Permit Condition II.P. and 40 CFR 268.50(2)(i). Specifically, Respondent shall ensure all containers located in the CWDF Container Storage Area (pails) are marked with all the applicable indication of hazards.

8. Upon the Effective Date, Respondent shall comply with Permit Conditions V.B. and V.C., 40 CFR 264.1084(i), and 40 CFR 264.1087(b)(4). Specifically, Respondent shall in the future have the inspection and monitoring records as required under 40 CFR 264.1033(l) available for inspection when requested.

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

Christina Halloran, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

10. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Twenty-two Thousand and Six Hundred Dollars ($22,600). 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.

11. 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 #6	$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.

12. 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.

13. 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 10, above.

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

15. 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.

16. 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.

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

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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:			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 7/30/25
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality