EPA v. Heritage Crystal Clean (NC)

Case summary

On 05/16/2024 a Consent Decree resolving alleged violations of the Resource Conservation and Recovery Act (RCRA) at the Heritage-Crystal Clean, LLC (HCC) facility at 3970 West 10th Street, Indianapolis, Indiana (the 10th Street Facility) and HCC facilities located in Regions 3 4, 6, and 8. EPA Region 5 referred RCRA allegations to DOJ for the 10th Street Facility on December 4, 2018, supplementing a Region 6 referral, and other Regions also referred allegations. On January 19, 2022, DOJ, along with the State of Indiana (Indiana) and the Louisiana Department of Environmental Quality (LDEQ), filed a civil Complaint in the United States District Court for the Northern District of Illinois, where HCC is headquartered. The proposed Consent Decree would resolve this multi-Regional RCRA matter without the filing of an Answer, full discovery, or litigation; recoup $1,112,500 RCRA violations, including $488,839 for the 10th Street Facility that EPA would split with Indiana, which also receives an additional $50,000 for a State-only Solid Waste Permit claim; require HCC to conduct screening of used solvents at four of its distribution hubs and identify customers that may be sources of hazardous wastes; retain a Third-Party Auditor to check on HCC?s waste screening of used solvents; apply for a RCRA permit at the 10th Street Facility; and, in the interim, conduct frequent inspections and eliminate open venting of used 142 tanks at the 10th Street Facility. The 10th Street Facility is located in an Environmental Justice Area of Concern.

Defendants (1)

• Heritage Crystal CleanNamed in complaintNamed in settlement

Facilities (4)

• HERITAGE-CRYSTAL CLEAN LLC - INDIANAPOLIS FACILITY

  3970 W 10TH ST, INDIANAPOLIS, IN, 46222

  Registry ID: 110000493644

• HERITAGE-CRYSTAL CLEAN LLC - INDIANAPOLIS FACILITY

  3970 W 10TH ST, INDIANAPOLIS, IN, 46222

  Registry ID: 110000493644

• HERITAGE-CRYSTAL CLEAN LLC - INDIANAPOLIS FACILITY

  3970 W 10TH ST, INDIANAPOLIS, IN, 46222

  Registry ID: 110000493644

• HERITAGE-CRYSTAL CLEAN LLC - INDIANAPOLIS FACILITY

  3970 W 10TH ST, INDIANAPOLIS, IN, 46222

  Registry ID: 110000493644

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• Heritage Crystal Clean (NC)entered 2024-05-16

  Primary law: RCRA

  Federal penalty: $488,839 · State/local: $294,420

Timeline (6 milestones)

• 2018-12-04Referred To Dept Of Justice
• 2019-10-01Enforcement Action Data Entered
• 2022-01-19Complaint Filed With Court
• 2023-12-07Final Order Lodged
• 2024-05-16Final Order Entered
• 2024-05-16Pipeline Closed