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. 2025-30803-H
					)
Crystal Clean, 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 Crystal Clean, LLC (“Respondent”), which owns/operates the facility with United States Environmental Protection Agency (“EPA”) ID No. INR 000 006 536, located at 3970 W 10^th Street, 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”) on to:

Brian Recatto, President Crystal Clean, LLC 2000 Center Drive, Suite C300	CT Corporation, Registered Agent Crytal Clean, LLC 334 North Senate Avenue
Hoffman Estates, IL 60192 Anita Decina, Vice President, Operations, Safety, & Environmental Excellence Crystal Clean, LLC 2000 Center Drive, Suite C300 Hoffman Estates, IL 60192 anita.decina@crystal.clean.com	Indianapolis, IN 46204

5. Respondent is a used oil re-refinery and a solid waste management facility.

6. Respondent notified EPA of Large Quantity Hazardous Waste Generator and Used Oil Processing/Re-refinery activities.

7. Respondent operates a Solid Waste Processing facility that receives non-hazardous wastes for storage, bulking, and recycling (SW Program ID 49-60).

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 April 15, 2025, 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 must mark or

label its containers with 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).

As noted during the inspection, there were two (2) fifty-five (55) gallon steel drums (D001, D018) located in the less than ninety (90) day accumulation area and three (3) fifty-five (55) gallon steel drums (D001, D006, D008, D039) staged for shipment in the upper warehouse that were not marked or labeled with all applicable indication of the contents hazards.

This violation was corrected during the inspection. The indication of hazard “toxic” was added to the labels.

b. Pursuant to 40 CFR 262.17(a)(2) referencing 40 CFR 265.192, a large quantity

generator with a new tank system or components must ensure that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste(s) to be stored or treated, and corrosion protection so that it will not collapse, rupture, or fail. The owner or operator must obtain a written assessment reviewed and certified by a qualified Professional Engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste

As noted during the inspection, Respondent did not have Tank Integrity Assessments available for Tanks 14 and 21.

c. Pursuant to 262.17(a)(5)(ii)(A), a large quantity generator accumulating

hazardous waste in tanks must mark or label its tanks with the words “Hazardous Waste.”

As noted during the inspection, Tanks 14 and 21 were not marked or labeled with the words “Hazardous Waste.”

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 the adoption of this rule 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 the following elements:

(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 (e.g., toxic paint wastes, spent ignitable solvent, corrosive acid);

(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 and residential areas to understand how best to get to the facility and also evacuate citizens and workers;

(6) The locations of water supply (e.g., fire hydrant and its flow rate);

(7) The identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms); 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. (c) Generators must update, if necessary, their quick reference guides, whenever the contingency plan is amended and submit these documents to the local emergency responders identified in paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee.

As noted during the inspection, the Contingency Plan Quick Reference Guide lacked two components:

(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 (e.g., toxic paint wastes, spent ignitable solvent, corrosive acid) and

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

e. Pursuant to 40 CFR 262.42 (a) (1), a large quantity generator who does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.

(2) A large quantity generator must submit an Exception Report to the EPA Regional Administrator for the Region in which the generator is located if he has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter. The Exception Report must include: (i) A legible copy of the manifest for which the generator does not have confirmation of delivery; (ii) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

As noted during the inspection, Respondent had 132 manifests shipped since 4/15/2022 were not received at the destination facility within 60 days of the date shipped. No evidence was presented that indicated the site made attempts to contact transporters or destination facilities to ascertain the status of these shipments. No manifest exception reports were submitted prior to this inspection.

Respondent submitted to IDEM an Exception Report dated April 16, 2025, for the 132 hazardous waste manifests.

f. Pursuant to 40 CFR 262.15(a)(5)(ii), a generator must mark or label its (satellite) containers with 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).

As noted during the inspection, a fifty-five-gallon satellite accumulation container (D001, F003, F005) observed in the retain cage was not marked with a complete indication of their content’s hazards. F005 is characteristic for toxicity.

This violation was corrected at the time of 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, Respondents 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 statutes/rules/permit conditions listed in the findings of fact above.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(i)(B). Specifically, Respondent shall ensure in the future hazardous waste accumulation containers are marked or labeled with all the indication of the hazards of the contents as applicable.

4. Within ninety (90) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(2) referencing 40 CFR 265.192. Specifically, Respondent shall submit to IDEM Tank Integrity Assessments for Tanks 14 and 21. Should either of these tanks be removed from service, submit documentation to IDEM detailing the removal from service and the integrity assessment for tank(s) utilized in lieu of Tanks 14 and 21.

5. Upon the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(5)(ii)(A). Specifically, Respondent shall ensure in the future hazardous waste less than 90-day accumulation tanks are marked or labeled with the words “Hazardous Waste.”

6. Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 262.17(a)(6) referencing 40 CFR 262.262(b). Specifically. Respondent shall update their Contingency Plan Quick Reference Guide (“QRG”) to 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 (e.g., toxic paint wastes, spent ignitable solvent, corrosive acid) and (2) The estimated maximum amount of each hazardous waste that may be present at any one time.

7. Within forty-five (45) of the Effective Date, Respondent shall submit to IDEM and local authorities, that may be called upon to provide emergency services, a copy of the revised quick reference guide of the contingency plan required in Order 6 above.

8. Upon the Effective Date, Respondent shall comply with 40 CFR 262.42(a), Specifically, Respondent shall ensure in the future to contact the initial transporter or designated facility if a copy of the manifest is not received within 45 days of the date the waste was accepted by the initial transporter with the signature of the designated facility. If Respondent does not receive a signed manifest with the designated facility signature, then within 60 days of the date the waste was accepted by initial transporter Respondent shall submit an Exception Report to IDEM.

9. Upon the Effective Date, Respondent shall comply with 40 CFR 262.15(a)(5)(ii). Specifically, Respondent shall ensure in the future satellite accumulation containers are marked or labeled with all applicable indication of the hazards of the contents of container.

10. 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

11. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Eighteen Thousand Four Hundred Dollars ($18,400). 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.

12. 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 #4	$100 per week
Order paragraph #7	$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.

13. 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.

14. 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 11, above.

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

16. 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.

17. 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.

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

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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:	10/10/2025		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 10/31/25
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality