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. 2019-26632-S
					)
HEARTLAND TRUCK STOP & WASH, 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 Heartland Truck Stop & Wash, LLC, which owns and operates the facility, located at 3047 West County Road 300 South, 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, on June 17, 2020, IDEM issued a Notice of Violation (“NOV”) to:

Terry Depoy, Manager	Clifford Slusher, Manager and
Heartland Truck Stop & Wash, LLC	Registered Agent
3047 West County Road 300 South	Heartland Truck Stop & Wash, LLC
Logansport, Indiana 46947	9603 North County Road 200 West
	Macy, Indiana 46951

5. Respondent operates a truck wash that services trailer/trucks which previously contained livestock, food, or other industrial products. Respondent estimates they wash approximately 65 to 95 trucks a day.

6. During an investigation conducted by a representative of IDEM, including inspections on October 3-4, 2019, October 15-17, 2019, and October 25, 2019, the following violations were found:

a. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.

As noted during the inspections, Respondent caused or contributed to a polluted condition of waters of the state by allowing wash wastewater to enter National Drain LL and Keeps Creek, in violation of 327 IAC 2-1-6(a), a rule adopted by the board under the environmental management laws.

b. Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment in any form that causes or would cause pollution that violates or would violate 327 IAC 2-1-6(a), a rule adopted by the board under the environmental management laws.

As noted during the inspections, Respondent allowed wash wastewater into National Drain LL and Keeps Creek, in violation of 327 IAC 2-1-6(a), a rule adopted by the board under the environmental management laws.

c. Pursuant to 327 Indiana Administrative Code (“IAC”) 2-1-6(a): all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:

a. that will settle to form putrescent or otherwise objectionable deposits;

b. that are in amounts sufficient to be unsightly or deleterious;

c. that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;

d. which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans; and

e. which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.

As noted during the inspections, IDEM staff observed and documented wash wastewater in National Drain LL and Keeps Creek, in violation of 327 IAC 2-1-6. Observations included elevated ammonia nitrogen levels and low dissolved oxygen levels (field tests), a strong odor, and discolored water.

d. Pursuant to 327 IAC 2-6.1-5 and 327 IAC 2-6.1-7, any person who operates, controls, or maintains any facility from which a spill occurs shall, upon discovery of a spill that damages the waters of the state so as to cause death or acute injury or illness to humans or animals:

a. Contain the spill, if possible, to prevent additional spilled material from entering the waters of the state.

b. Undertake or cause others to undertake activities needed to accomplish a spill response.

c. As soon as possible, but within two (2) hours of discovery, communicate a spill report to the Department of Environmental Management.

d. Submit to the Department of Environmental Management, a written copy of the spill report if requested in writing by the department.

e. Except from modes of transportation other than pipelines, exercise due diligence and document attempts to notify the following:

(a) For spills to surface water that cause damage, the nearest affected downstream water user located within ten (10) miles of the spill and in the state of Indiana; and

(b) For spills to soil outside the facility boundary, the affected property owner or owners, operator or operators, or occupant or occupants.

Respondent failed to report and respond adequately to a spill of wash wastewater into National Drain LL and Keeps Creek.

e. Pursuant to 327 IAC 6.1-1-3(b), a land application permit is required for the disposal in Indiana of any biosolid, industrial waste product, or pollutant bearing water by application upon or incorporation into the soil.

As noted during the inspection, Respondent disposed of wash wastewater, an industrial waste product, via land application without a land application permit.

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 and rules listed in the findings of fact above.

8.

3. Immediately upon the Effective Date, Respondent shall cease discharging wash wastewater into National Drain LL and Keeps Creek.

4. Within thirty (30) days of the Effective Date, Respondent shall submit a Process Description pursuant to Order Paragraph 8, which shall include, but not be limited to, the following:

a. the type and quantity of waste washed from trucks/trailers at the Site; and

b. a detailed description and diagram of the wash wastewater process.

5. Within One Hundred and Twenty (120) days of the Effective Date, Respondent shall apply for the required permit(s) as determined by the information collected for Order Paragraph 5 and discussions with IDEM Solid Waste Permitting. Applicable Permits include: a complete Land Application Permit Application as required per 327 IAC 6.1 and/or an Office of Indiana State Chemist (“OISC”) Category 14 Permit. An additional option, would be connection to the City of Logansport Wastewater Treatment Plant.

6. Respondent shall respond to any Notice of Deficiency (“NOD”) issued by the Solid Waste Permitting Section within the stated timeframes in the NOD. If such timeframes are not met, IDEM may assess stipulated penalties as described in Order Paragraph 11.

7. Immediately upon the Effective Date, Respondent shall, as soon as possible, but within two (2) hours of discovery of a spill, communicate a spill report to IDEM’s Emergency Spill Line at 1-888-233-7745 or 317-233-7745.

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

Linda McClure, Enforcement Case Manger

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianaplis, Indiana 46204-2251

9. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Seventeen Thousand Four Hundred Dollars (17,400). Said penalty amount shall be due and payable to the “Environmental Management Special Fund” within thirty (30) days of the Effective Date; the thirtieth day being the “Due Date.”

10. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay stipulated penalties in the following amounts:

Paragraph	Description	Stipulated Penalty
3	Cease Discharge	$300 per violation
4	Submit Process Plan	$150 per week
5	Submit required Permit Application(s)	$150 per week
6	Respond to NODs, if applicable	$100 per week
7	Report Spills	$100 per violation

11. 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; the thirtieth day being the “Due Date.” 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.

12. 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

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 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 pay 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 12, 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.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: _________				By: _________________________
	Jennifer Reno, Section Chief
	Land 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 10/8/2020________________
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality