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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2018-25844-H |
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Tradebe environmental services, 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 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 Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is Tradebe Environmental Services,
Inc. (“Respondent”), which owns and/or operates the company with State ID No. INX000059352,
located at 1125 East 145th Street, in East Chicago, Lake 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 on January 29, 2019 to:
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Josep
Creixell Sureda |
Corporation
Service Company, |
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Tradebe
Environmental Services, LLC |
Registered Agent |
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1433
East 83rd Avenue, Suite 200 |
Tradebe
Environmental Services, LLC |
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Merrillville,
IN 46410 |
135
North Pennsylvania St., Suite 1610 |
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Indianapolis,
IN 46204 |
5.
Per 329 IAC 3.1-8-4, Respondent submitted a Transfer
Facility Notification letter to IDEM on June 20, 2014.
6.
329 Indiana Administrative Code (“IAC”) 3.1
incorporates certain 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 June 13, 2018 conducted by a representative of IDEM, the following
violations were found:
a. Pursuant to 40 CFR 263.12, a transporter
who stores manifested shipments of hazardous waste in containers meeting the
requirements of § 262.30 at a transfer facility for a period of ten (10) days
or less is not subject to regulation under parts 270, 264, 265, 267, and 268 of
this chapter with respect to the storage of those wastes.
As noted during the inspection,
Respondent accepted and stored three (3) roll-off containers of hazardous waste
for greater than ten (10) days without a permit. Specifically, two (2) roll-off
containers of hazardous waste soil, generated from the cleanup of a truck fire
on April 19, 2018 delivered to Respondent’s “United” site remained on site for
39 days, and one (1) additional roll-off container of hazardous waste soil
transported to the Respondent’s “United” site remained for 27 days without a
permit; thereby, subjecting the facility to the applicable requirements of 40
CFR 270, 264, 265, 267 and 268.
b. Pursuant to IC 13-30-2-1(10), a person
may not commence or engage in the operation of a hazardous waste facility
without having first obtained a permit from the department.
As noted during the inspection,
Respondent operated a hazardous waste facility without having first obtained a
permit from the department. Specifically, two (2) roll-off containers of
hazardous waste soil, generated from the cleanup of a truck fire on April 19,
2018 delivered to Respondent’s “United” site remained on site for 39 days, and
one (1) additional roll-off container of hazardous waste soil transported to
the Respondent’s “United” site remained for 27 days.
c. Pursuant to 40 CFR 263.20(c), the
transporter must ensure that the manifest accompanies the hazardous waste.
As noted during the inspection,
Respondent transported hazardous waste
without ensuring that a manifest acknowledging acceptance of the hazardous
waste from the generator accompanied the hazardous waste during transportation.
Specifically, Respondent delivered three (3) roll-off containers of hazardous
waste soil, generated from the cleanup of a truck fire on April 19, 2018, to
the next transfer facility (Marport) without a hazardous waste manifest.
d. Pursuant to 40 CFR 263.20(d)(1), A
transporter who delivers a hazardous waste to another transporter or to the
designated facility must: (1) Obtain the date of delivery and the handwritten
signature of that transporter or of the owner or operator of the designated
facility on the manifest.
As noted during the inspection,
Respondent delivered three (3) roll-of containers of hazardous waste soil,
generated from the cleanup of a truck fire on April 19, 2018, to another
transporter or designated facility without obtaining the date of delivery and
the handwritten signature of the next transfer facility (Marport).
8. In recognition of the settlement reached,
Respondent 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, and/or permit conditions listed in the findings above.
3.
Upon the Effective Date, Respondent shall store
manifested shipments of hazardous waste in containers at its transfer facility
for a period of ten (10) days or less.
4.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Debbie O’Brien, 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 |
5.
Respondent is assessed and agrees to pay a
civil penalty of Two Thousand Nine Hundred Eighty Dollars ($2,980). Within
thirty (30) days of the Effective Date of the Agreed Order, Respondent shall
pay a portion of this penalty in the amount of Five Hundred Ninety Six dollars ($596). Said
penalty amount shall be due and payable to the “Environmental Management
Special Fund” within thirty (30) days of the Effective Date; the 30th
day being the “Due Date.”
In lieu of payment to IDEM of the
remaining civil penalty, Respondent shall make a cash payment of Two Thousand Three Hundred Eighty Four Dollars
($2,384) to the Indiana State Department of Health-Lead Trust Fund (”ISDH-Lead
Trust Fund”) to fund a Supplemental Environmental Project (“SEP”) for
activities related to the abatement of lead in qualifying residential
properties in Indiana. Respondent shall make such payment to the “ISDH-Lead
Trust Fund” within thirty (30) days of the Effective Date of this Agreed Order.
Payment to the ISDH-Lead Trust Fund satisfies Respondent’s obligation to
undertake a SEP to offset a portion of the civil penalty assessed in this
matter.
Implementation of this SEP will benefit
Indiana communities by reducing the exposure to lead in homes where owners are
unable to afford lead hazard abatement work. Lead abatement can improve health
outcomes for infants, children, and adults by reducing developmental disorders,
attention deficit hyperactivity disorder-related behaviors (ADHD), anemia,
hypertension, and kidney and brain damage.
The SEP proceeds will be spent on lead
abatement for residential homes whose owner/occupants have applied for lead
abatement pursuant to the Lead Protection Program and are residing in Indiana.
6.
In the event that Respondent does not make its
SEP payment within thirty (30) days of the Effective Date of this Agreed Order,
the full amount of the civil penalty as stated in this paragraph, plus interest
established by IC 24-4.6-1-101 on the remaining amount, less the portion of the
civil penalty Respondent has already paid, will be due to IDEM within fifteen
(15) days from Respondent’s receipt of IDEM’s notice to pay. Interest, at the
rate established by IC 24-4.6-1-101, shall be calculated on the amount due from
the date which is thirty (30) days after the Effective Date of this Agreed Order
until the full civil penalty is paid. Such interest shall be payable to the
“Environmental Management Special Fund,” and shall be payable to IDEM in the
manner specified in Order Paragraph 8.
7.
Payment for the SEP is payable by check to the
“ISDH-Lead Trust Fund.” The text “SEP-Residential Lead Abatement” and the Case
Number of this action shall be included in the memo line of the check. The
check shall be mailed to:
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Cashier’s
Office |
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Indiana
State Department of Health |
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PO
Box 7236 |
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Indianapolis,
IN 46207 |
Respondent shall provide Complainant
with documentation of payment to the ISDH-Lead Trust Fund within one (1) week
of such payment.
8.
Civil penalties are payable by check to the
“Environmental Management Special Fund.” 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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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis, IN 46204 |
9.
This Agreed Order shall apply to and be binding
upon Respondent and its successors and assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or
partnership status of Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
10.
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.
11.
Respondent shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondent shall ensure that all contractors, firms and
other persons performing work under this Agreed Order comply with the terms of
this Agreed Order.
12.
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 its
obligation to comply with the requirements of its applicable permits or any
applicable Federal or State law or regulation.
13.
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.
14.
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 same violations
specified in the NOV.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the 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 EPA or any other agency or entity.
16.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
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By: _________________________ |
By:
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Linda L.
McClure, Section Chief |
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Enforcement
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Printed: ______________________ |
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Office of
Land Quality |
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Title: ________________________ |
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Date: __________________ |
Date: _______________________ |
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COUNSEL FOR RESPONDENT: |
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By: ________________________ |
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Date: ______________________ |
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APPROVED AND
ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS |
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DAY
OF |
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20__. |
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For the
Commissioner: |
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7/1/19 by
Corey Webb for |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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