EPA v. Heritage Environmental

Case summary

On October 4, 2017, Region 5 filed a Consent Agreement and Final Order (CAFO) with Heritage Environmental Services, LLC (Heritage), commencing and concluding an administrative proceeding under Section 3008(a) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6928(a), for alleged violations of Heritage?s hazardous waste storage permit, the Indiana Administrative Code (IAC), and 40 C.F.R. Parts 264 and 268 at its Indianapolis facility. Heritage is an Indiana corporation with approximately 1,000 employees and annual revenues totaling between $100mm to $124mm; it treats and stores hazardous waste at the Indianapolis facility and operates a Subtitle C landfill in Roachdale, Indiana. Region 5 initiated this action in July 2012 by conducting a RCRA inspection of the Indianapolis facility. (Indiana has an approved RCRA program and was notified of this action.) Heritage violated its permit, the Indiana Administrative Code, and RCRA and its implementing regulations by (1) disposing of hazardous waste in the Roachdale landfill without meeting certain land disposal restriction (LDR) treatment standards; (2) failing to conduct post-treatment verification sampling and analysis of certain wastestreams from two stabilization/LDR treatment processes; (3) failing to obtain a detailed chemical and physical analysis of representative samples from such wastestreams; (4) failing to follow the acceptable analytical methods in its waste analysis plan (WAP); and (5) failing to determine the proper extraction fluid for TCLP analysis. These hazardous waste handling practices may have had significant health and environmental consequences. Heritage and EPA agreed to a penalty of $77,385, in consideration of factors under the RCRA Civil Penalty Policy (June 23, 2003). The agreed penalty is also in consideration of Heritage?s commitment to conduct Supplemental Environmental Projects (SEPs) in the amount of $290,195 to replace, retrofit, or upgrade fluorescent light fixtures in, and to donate drinking fountains with point of use filtering systems to, the School City of East Chicago. In addition, Heritage has certified that it applied on August 2, 2017 for a Class I Permit Modification to the Indiana Department of Environmental Management, incorporating improved methodology into its WAP to prevent recurrence of the illegal activities described in (2)-(3) above. Contacts: Robert M. Peachey, Office of Regional Counsel, (312) 353.4510; Jamie Paulin, Land and Chemicals Division, (312) 886.1771; Kendall Moore, Land and Chemicals Division, (312) 353.1147.

Defendants (1)

• Heritage Environmental Services, LLCNamed in complaintNamed in settlement

Facilities (2)

• HERITAGE ENVIRONMENTAL SERVICES, LLC

  7901 WEST MORRIS STREET, INDIANAPOLIS, IN, 46231

  Registry ID: 110000397393

• HERITAGE ENVIRONMENTAL SERVICES, LLC

  7901 WEST MORRIS STREET, INDIANAPOLIS, IN, 46231

  Registry ID: 110000397393

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• Heritage Environmentalentered 2017-10-04

  Primary law: RCRA

  Federal penalty: $77,385 · SEP: $290,195

Timeline (3 milestones)

• 2017-10-04Final Order Issued
• 2017-10-04Complaint Filed/Proposed Order
• 2017-11-08Enforcement Action Data Entered