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. 2025-30772-H
					)
tradebe treatment and recycling, 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 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 (“RCRA 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]. The final Permit was issued on January 31, 2025 [VFC# 83757939].

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:

Robert O’Brien, Manager	Corporation Service Company, Registered Agent
Tradebe Treatment and Recycling, LLC	Tradebe Treatment and Recycling, LLC
1433 E. 83^rd Ave., Suite 200	135 North Pennsylvania Street, Suite 1610
Merrillville, IN 46410	Indianapolis, IN 46204
Tita LaGrimas
VP Regulatory Affairs and Sustainability
Tradebe Treatment and Recycling, LLC
1433 East 83^rd Avenue, Suite 200
Merrillville, IN 46410
Tita.LaGrimas@tradebe.com

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 March 18, 2025, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to IC 13-30-2-1(4), a person may not deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

Pursuant to Permit Condition II.A., the Permittee shall 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 March 28, 2025 inspection, Respondent did not maintain and operate the facility to minimize the possibility of an unplanned release thereby allowing the deposit of a contaminant and/or solid waste upon the land. Specifically, releases were observed around the diesel fuel tank located along the outside south wall of Area 7 near the universal waste storage area.

On May 9, 2025, Respondent submitted documentation that it adequately addressed the releases observed around the diesel fuel tank.

b. Pursuant to 40 CFR 264.171, 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.

Pursuant to Permit Condition III.C., if a container holding hazardous waste is not in good condition (e.g., appreciable rusting, 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 March 18, 2025 inspection, Respondent failed to ensure containers storing hazardous waste were in good condition. Specifically, the following containers:

a. D012386869, dented drum, Area 7 A-4

b. D012490665, dented drum, Area 7 A-4

c. D012386865, dented drum, Area 7 A-4

d. D012291683, dented drum, Area 7 North Apron

e. D011658498, dented drum, Area 7 North Apron

f. D011903323, dented drum, Area 7 North Apron

g. D012091231, dented drum, Area 7 North Apron

h. D012499541, dented drum, Area 7, Row 1

i. D009669600, rusting/pitting, Area 6

j. 2, 350-gallon totes, load L000067435, corrosion noted around bung opening, sides, and/or bottom of container(s), Area 7 A-4

c. Pursuant to 40 CFR 264.173(b) and Permit Condition III.E.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 of the Permit, Permit Condition D-1a(2) M.1.c., containers must be stacked in stable configurations (i.e., container(s) will not readily fall from 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 March 18, 2025 inspection, Respondent stacked containers in unstable configurations. Specifically, D012400270 and D012490665, Area 7 A-4; D012304968, Area 7 North Apron; D012303805 with four (4) containers on a pallet and four (4) stacked on top (Load L000066124), Area 7 North Apron; and containers unstably placed on pallet, Area 7 Scale Row 3.

d. Pursuant to 40 CFR 264.173(a) and Permit Condition III.E.1.a., a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

As noted during the March 18, 2025 inspection, Respondent failed to store one (1), 55-gallon container closed during storage. Specifically, in Area 7 A-4, Respondent stored one (1) container of hazardous waste with open vent holes.

Respondent properly addressed this container at the time of the inspection.

e. Pursuant to 40 CFR 264.174, at least weekly, the owner or operator must inspect areas where containers are stored. The owner or operator must look for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. See §§ 264.15(c) and 264.171 for remedial action required if deterioration or leaks are detected.

Pursuant to 40 CFR 264.15(d), the owner or operator must record inspections in an inspection log or summary. He must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

Pursuant to Permit Condition III.G, 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.

As noted during the March 18, 2025 inspection, Respondent failed to note on completed inspections the remedial actions taken and when Respondent took such actions.

f. Pursuant to 40 CFR 264.31, facilities must be designed, constructed, maintained, and operated 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.

Pursuant to Permit Condition II.A., the Permittee shall 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 March 18, 2025 inspection, Respondent was moving containers using forklifts into, around, and/or out of Area 7 North Apron and Area 7 A-4. The workers were moving rapidly, and containers and/or pallets of containers fell from the forklifts, in both areas.

g. Pursuant to 40 CFR 268.50(c), an owner/operator of a treatment, storage or disposal facility may store such wastes [hazardous wastes restricted from land disposal under subpart C of this part of RCRA section 3004] beyond one year; however, the owner/operator bears the burden of proving that such storage was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

Pursuant to Permit Condition II.Q.4., the Permittee shall comply with all the applicable prohibitions on storage of restricted wastes specified in 40 CFR 268 Subpart E.

Pursuant to Permit Condition II.C, the Permittee must comply with the procedures described in the attached Waste Analysis Plan, Attachment C, which is incorporated herein by reference.

Pursuant to Attachment C, Permit Condition C-3c, for hazardous waste that is stored and restricted from land disposal, TRADEBE must demonstrate that: (1) the hazardous waste is being stored in tanks/or containers and the storage is solely for the purpose of accumulating sufficient quantities of waste to facilitate proper treatment, recovery, or disposal. If prohibited wastes are stored beyond one year, TRADEBE has the burden of proving, in the event of an enforcement action, that storage is for allowable reasons. Prior to one year, IDEM maintains the burden of proving that storage has occurred for the wrong reasons. Storage requirements do not apply to restricted wastes that:

Meet the applicable treatment standards; or

Have received a nationwide variance; or

Have received an exemption under 268.6; or

Have received a case-by-case extension under 268.5.

As noted during the March 18, 2025 inspection, Respondent stored hazardous waste containers for greater than one (1) year without proving to IDEM that the storage was for the purpose of accumulation of such quantities necessary to facilitate proper recovery, treatment, or disposal. Specifically, the following containers:

a. D010389397, Area 6, Manifest #025427885JJK

b. D010789089, Area 6, Manifest #0258444487JJK

c. D009669600, Area 6, Manifest #024798365JJK

d. D008141849, Area 6, Manifest #022990998JJK

e. D010578532, Area 6 Rack Room, in house waste manifest #SO011024/1/1

f. D010823568, Northwest Apron, Manifest #024907997JJK

g. D010823### (last three digits not visible), Northwest Apron, Manifest #024907997JJK

h. D010578533, Area 5, in house waste manifest #SO011024/1/1.

i. D010578540, Area 5, in house waste manifest #SO011024/1/1.

j. D010816542, Area 5.

k. One (1) Nitric oxide, compressed gas, Northwest Apron, labeled with a Tradebe (Millington) acceptance label, Manifest #024047033JJK, dated 3/10/23. The accumulation start date was not legible on acceptance label, but did note 2023.

l. One (1) cylinder had a hazardous waste generator label listed Tradebe East Chicago as generator, accumulation start date 8/14/2023 and Manifest #025764792JJK.

h. Pursuant to 40 CFR 264.73(a), the owner or operator must keep a written operating record at his 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 comply with the following record keeping and reporting requirements: maintain a written operating record at the facility.

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.

Pursuant to Attachment C, Permit Condition 3c(1), hazardous waste containers received at TRADEBE for which 40 CFR 268.50 is applicable are labeled with the contents. The date each period of accumulation begins is clearly marked on the container and maintained in TRADEBE's operating records.

As noted during the March 18, 2025 inspection, Respondent failed to have an acceptance label with the information required by the operating record, including the container specific information for internal tracking:

a. A supersack containing D001, D007, D035, F002, F003, F005 hazardous waste, Manifest #021816881JJK, stored in Area 7 North Apron.

b. One (1) 55-gallon container containing D002 hazardous waste, Area 6.

c. Two compressed gas cylinders, Nitric oxide, (D001, D002, P076) without accumulation start date.

i. Pursuant to Permit Condition III.E.1.c., the Permittee must manage containers as follows:

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 March 18, 2025 inspection, Respondent failed to maintain adequate aisle space between rows of drums in Area 7 North Apron.

j. 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 March 18, 2025 inspection, in Area 4 South Apron, Respondent failed to store one (1) roll off container # R253C closed.

k. Pursuant to 40 CFR 262.17(a)(6), the large quantity generator complies with the standards in subpart M of this part, Preparedness, Prevention and Emergency Procedures for Large Quantity Generators.

Pursuant to 40 CFR 262.255, the large quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

As noted during the March 18, 2025 inspection, Respondent failed to maintain adequate aisle space at the Trailer Leg where Respondent stores roll offs containing hazardous waste char.

8. 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 statute, 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 264.171 and Permit Condition III.C. Specifically, Respondent shall submit documentation that the containers specified in Findings of Fact Paragraph 8.b. were either overpacked or properly disposed.

4. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 264.173(b), Permit Condition III.E.1.b and Attachment D of the Permit, Permit Condition D-1a(2) M.1.c. Specifically, Respondent shall submit documentation that the containers specified in Findings of Fact Paragraph 8.c. were either stacked as required or properly disposed.

5. Within five (5) days of the Effective Date, Respondent shall comply with 40 CFR 264.174, 40 CFR 264.15(d), and Permit Condition III.G, Specifically, Respondent shall ensure daily inspections include remedial actions taken.

6. Immediately upon the Effective Date, Respondent shall comply with 40 CFR 264.31 and Permit Condition II.A. Specifically, Respondent shall ensure forklifts are being operated at a safe speed and in a safe manner.

7. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 268.50(c), Permit Condition II.Q.4, Permit Condition II.C, and Attachment C, Permit Condition C-3c. Specifically, regarding the containers stated in Findings of Fact Paragraph 8.g., Respondent shall:

a. Submit documentation of proper disposal of the hazardous waste stored for greater than one (1) year; and

b. Request an extension if more time is required. The request shall include the reason and applicable container identifying number.

8. Within thirty (30) days of the Effective Date, Respondent shall comply 40 CFR 264.73(a), Permit Condition II.K.1, Attachment D, Permit Condition D-1a(2)(I), and, Attachment C, Permit Condition 3c(1). Specifically, Respondent shall submit documentation that the containers specified in Findings of Fact Paragraph 8.h. were either labeled as required or properly disposed.

9. Within thirty (30) days of the Effective Date, Respondent shall comply with Permit Condition III.E.1.c. Specifically, Respondent shall submit documentation that the aisle space in Area 7 North Apron is adequate.

10. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(1)(iv)(A). Specifically, Respondent shall submit documentation that the containers specified in Findings of Fact Paragraph 8.j. were either closed while stored as required or properly disposed.

11. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.255. Specifically, Respondent shall submit documentation that the aisle space is adequate in the Trailer Leg where Respondent stores roll offs containing hazardous waste char.

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

Lucas Kroening, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

13. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Fifty-Seven Thousand Six Hundred and Two Dollars ($57,002). 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, American Express, or Discover. Please visit https://www.in.gov/idem/resources/e-services/online-payment-options/. Under Transaction Item, choose Invoice 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 e-Check payments. The Case Number is required to complete the process.

For any questions or assistance regarding payments, please contact IDEM’s Accounts Receivable Team at 317-233-2394.

14. 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 container
Order paragraph #4	$100 per container
Order paragraph #5	$150 per week
Order paragraph #6	$100 per witnessed event
Order paragraph #7	$300 per container
Order paragraph #8	$100 per container
Order paragraph #9	$150 per week
Order paragraph #10	$100 per container
Order paragraph #11	$100 per container

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.

15. 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.

16. 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 13, above.

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

18. 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.

19. 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.

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

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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:	11/18/2025			Date:
				COUNSEL FOR RESPONDENT:
				By:
				Printed:
				Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		2nd	DAY OF		February	, 2026____
				For the Commissioner:
				Signed 2/2/26
				Brian Wolff
				Assistant Commissioner
				Office of Land Quality