;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. 2019-26063-S
					)
Tire reclaimers, 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 Indiana Code (“IC”) 13-13-1-1.

2. Respondent is Tire Reclaimers, LLC (“Respondent”), which owns/operates a waste tire processing facility, with ID No 020-P-00643 and 020-T-00568, located at 58211 County Road 105 in Elkhart, Elkhart 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 UPS to:

Tire Reclaimers, LLC	James J. Shreiner, Registered Agent
Attn: James Shreiner, President	Tire Reclaimers, LLC
58211 County Road 105	1301 Fairfax Drive
Elkhart, Indiana 46517	South Bend, Indiana 46614-4405

5. During an investigation including inspections on March 18, 2019, March 20, 2019 and May 20, 2019 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329Indiana Administrative Code (“IAC”) 15-3-7.5, a waste tire processing operation that accumulates one thousand (1,000) or more waste tires must do the following: (1) Register as a waste tire storage site. (2) Comply with all requirements for waste tire storage sites in this rule including the financial assurance requirements of 329 IAC 15-5.

As noted during the inspection, Respondent accumulated over one thousand (1,000) waste tires Passenger Tire Equivalent (PTEs) at the Site. At the time of the inspection, there were approximately three thousand and eight (3,008) waste tires PTEs on-site. Respondent planned to reduce the total quantity of waste tires at the Site to less than one thousand (1,000) to avoid obtaining waste a tire storage certificate of registration. IDEM advised Respondent to ensure that such reduction is substantiated with a valid documentation. A follow-up inspection conducted on July 9, 2019 indicated that Respondent has reduced the number of waste tires PTEs at the facility to a number below one thousand (1,000).

b. Pursuant to Indiana IC 13-30-2-1(4), no person shall 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.

As noted during the inspection on May 20, 2019, Respondent deposited or caused and/or allowed the deposit of approximately (1,392) whole waste tires PTEs in an unlicensed box trailer and uncovered exterior piles, a method which has not been determined by the board to be acceptable. A follow-up inspection conducted on July 9, 2019 indicated that Respondent has complied with the violations observed on May 20, 2019.

c. Pursuant to 329 IAC 15-3-17 (j), the owner or operator of a waste tire storage site or waste tire processing operation shall prevent water from accumulating in waste tires by doing all of the following:

(1) Waste tires must be drained:

(A) on the day of receipt; and

(B) as necessary thereafter to prevent accumulation of water in the waste tires.

(2) Within seven (7) days after receipt, whole waste tires must be:

(A) altered or modified so that the tire cannot hold water by:

(i) shredding;

(ii) chopping;

(iii) drilling with holes and stacking to assure drainage; or

(iv) slitting longitudinally and stacking so the tires will not collect water;

(B) covered; or

(3) Waste tires must not be stored in areas of standing water.

As noted during the inspection on May 20, 2019, Respondent accumulated waste tires for processing without complying with the requirements of 329 IAC 15-3-17 (j). A follow-up inspection conducted on July 9, 2019 indicated that Respondent has complied with the violations observed on May 20, 2019.

d. Pursuant to 329 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspection on May 20, 2019, Respondent caused and/or allowed solid waste, including, but not limited to waste tires, to be stored or contained at the Site in a manner which creates a threat to human health or the environment. A follow-up inspection conducted on July 9, 2019 indicated that Respondent has complied with the violations observed on May 20, 2019.

6. An Inspection Summary Letter mailed to Respondent on July 12, 2019 indicated that approximately four hundred forty seven (447) waste tires PTEs were stored on-site. The number of waste tires PTEs found during the inspection on July 9, 2019 were less than one thousand (1,000) waste tires PTEs outdoor storage limit.

7. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication 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 statutes, rules, and/or permit conditions listed in the findings above.

3. Respondent has complied with all the violations observed during the inspections on March 18, 2019, March 20, 2019, and May 20, 2019.

4. Respondent is assessed and agrees to pay a civil penalty of One Thousand Six Hundred Dollars ($1,600). Said penalty amount shall be due and payable to the “Environmental Management Special Fund” in twelve (12) installments. The first installment of One Hundred Thirty Five Dollars ($135) shall be paid within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”. Subsequent installments of One Hundred Thirty Three Dollars Twenty Cents ($133.20) shall be paid within sixty (60) days of the Effective Date, ninety (90) days of the Effective Date, one hundred twenty (120) days of the Effective Date, one hundred fifty (150) days of the Effective Date, one hundred eighty (180) days of the Effective Date, two hundred ten (210) days of the Effective Date, two hundred forty (240) days of the Effective Date, two hundred seventy (270) days of the Effective Date, three hundred (300) days of the Effective Date, three hundred thirty(330) days of the Effective Date, and three hundred sixty (360) days of the Effective Date.

5. Civil and stipulated 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

6. 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 interest on the unpaid balance at the rate established by IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance. Such interest shall be payable to the “Environmental Management Special Fund,” and shall be payable to IDEM in the manner specified in Paragraph 5, above.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management

By: _________________________				By: _________________________
	Linda L. McClure, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________

Date: __________________				Date: _______________________


				COUNSEL FOR RESPONDENT:


				By: ________________________


				Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		______	DAY OF	________________________, 20_____.

				For the Commissioner:

				Signed on November 7, 2019
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality