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Home My WebLink AboutDSHW-2025-000487 Page 1 of 5 ---oo0oo--- In the Matter of: : : STIPULATION AND CONSENT ORDER Source Environmental, Inc. DBA AET Environmental, a subsidiary of Heritage-Crystal Clean, LLC, now known as Crystal Clean, LLC Notice of Violation and Compliance Order No. 2304033 UTR000000505 : : : : : : No. 2309116 ---oo0oo--- This STIPULATION AND CONSENT ORDER (SCO) is issued by the DIRECTOR OF THE UTAH DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL (Director) pursuant to the Utah Solid and Hazardous Waste Act (the Act), Utah Code Section 19-6-101 et seq., and Utah Administrative Code R315 (the Rules). JURISDICTION 1. The Director has jurisdiction over the subject matter of this SCO pursuant to Utah Code Sections 19-6-107 and 19-6-112 and jurisdiction over Source Environmental, Inc. (Source) DBA AET Environmental (AET) owned and operated by Crystal Clean, LLC. Source DBA AET consents to and will not challenge the issuance of this SCO or the Director’s jurisdiction to enter and enforce this SCO. 2. Source DBA AET and the Director are collectively referred to as the “parties” and individually as a “party” to this SCO. FINDINGS 3. Source DBA AET is a corporation registered to do business in the State of Utah. Source DBA AET is a wholly owned subsidiary of Crystal Clean, LLC, formerly known as Heritage-Crystal Clean, LLC, an Indiana Limited Liability Company. 4. Source DBA AET is a “person” as defined by Utah Code Section 19-1-103(4) and is subject to all applicable provisions of the Act and the Rules. 5. Source DBA AET is a hazardous waste transporter and very small quantity hazardous waste generator located at 3653 South 700 West, Salt Lake City, UT 84119 (the General Facility). 6. Source DBA AET is a hazardous waste transporter as defined by Utah Admin. Code R315-260-10(c)(157) and operates a 10-day or less transfer facility as defined by Utah Admin. Code R315-260-10(c)(154) located at the Godfrey Trucking yard at 6173 West 2100 South, West Valley City, UT 84128 (the Transfer Facility). 7. Source DBA AET operates the General Facility and Transfer Facility under the provisions of the Act and the Rules. Page 2 of 5 8. Source DBA AET submitted a request for an EPA ID number for hazardous waste activities on July 6, 1995, using EPA Form 8700-12. The request identified the following activities: hazardous waste generator (very small quantity hazardous waste generator, aka conditionally exempt small quantity generator) and hazardous waste transporter. Source DBA AET received EPA ID Number UTR000000505. 9. Pursuant to Utah Code Section 19-6-109, authorized representatives of the Director (inspectors) conducted a compliance evaluation inspection at the General Facility on February 28, 2023, and the Transfer Facility on March 1, 2023. 10. Based on findings documented during the inspections on February 28, 2023, and March 1, 2023, the Director issued Notice of Violation and Compliance Order No. 2304033 (NOV/CO), which alleged violations of the Act and the Rules. 11. On September 5, 2023, the Director granted Source DBA AET a two-week extension to respond to the NOV/CO (DSHW-2023-208594). 12. On September 14, 2023, Source DBA AET filed a written response to the NOV/CO (DSHW-2023-209243). 13. On September 29, 2023, Source DBA AET filed an additional response to the NOV/CO (DSHW-2023-209854). 14. On October 24, 2023, the Director sent a request for additional information to Source DBA AET (DSHW-2023-209539). 15. On November 7, 2023, Source DBA AET filed a written response to the Director’s request (DSHW-2023-211425). 16. On November 14, 2023, the parties executed a tolling agreement establishing a Tolling Period from August 1, 2023, to July 31, 2024 (DSHW-2023-211707). 17. On July 25, 2024, the parties executed the First Extension of Tolling Agreement extending the expiration of the Tolling Period from July 31, 2024, to July 31, 2025 (DSHW-2024-007600). 18. On August 29, 2024, the Director and Source DBA AET met virtually. 19. In accordance with the Civil Penalty Policy, Utah Admin. Code R315-102 et seq., which considers such factors as the gravity of the violations, the extent of deviation from the Rules, the potential for harm to human health and the environment, good faith efforts to comply, and other factors, the Director calculated and proposed a penalty based on the violations alleged in the NOV/CO. Page 3 of 5 STIPULATION AND CONSENT ORDER 20. This SCO has been negotiated in good faith, and the parties now wish to fully resolve the NOV/CO without further administrative or judicial proceedings. 21. In full settlement of the violations alleged in NOV/CO, Source DBA AET shall pay a penalty of $19,058.00 (nineteen thousand and fifty-eight dollars). 22. A cash payment of $13,689.00 (thirteen thousand six hundred and eighty-nine dollars) shall be made within 30 days of the Effective Date of this SCO. Payment shall be made to the State of Utah, Department of Environmental Quality, c/o Director, Division of Waste Management and Radiation Control, P.O. Box 144880, Salt Lake City, Utah 84114-4880. 23. The Director agrees to defer and waive $5,369.00 (five thousand three hundred and sixty-nine dollars) of the penalty related to Violations 1 and 3 of the NOV/CO if Source DBA AET: 23.1 From the Effective Date of this SCO until December 31, 2025, ensures all hazardous waste streams are capable of being properly managed at a TSDF prior to picking up waste from the generator; 23.2 Documents compliance with ¶ 23.1 and makes this documentation available to the Director and representatives of the Director upon request; 23.3 Submits a quarterly deviation report to the Director, on the dates specified in ¶ 23.4, containing the following information: a. Any waste onsite longer than 10 days during the quarter. If any waste is onsite longer than 10 days during the quarter, the deviation report shall include a completed waste tracking sheet, as identified in DSHW-2024-006839, and an explanation of why this waste was not or has not been transported offsite within 10 days; and b. A written summary of corrective actions implemented to prevent these deviations from recurring in the future; 23.4 Submits a quarterly deviation report, containing the information in ¶ 23.3, to the Director on the following dates: a. 2025 Q1: March 31, 2025; b. 2025 Q2: June 30, 2025; c. 2025 Q3: September 30, 2025; and d. 2025 Q4: December 31, 2025. 24. If the Director finds that Source DBA AET fails to comply with ¶ 23.1 through ¶ 23.4, Source DBA AET shall pay the deferred penalty of $5,369.00 (five thousand three hundred and sixty-nine dollars). Source DBA AET shall pay the deferred penalty not later than 30 days after notification of the failure. Payment shall be made to the State of Utah, Department of Environmental Quality, c/o Director, Division of Waste Management and Radiation Control, P.O. Box 144880, Salt Lake City, Utah 84114-4880. Page 4 of 5 EFFECT OF CONSENT ORDER 25. For the purpose of this SCO, the parties agree and stipulate to the above stated facts. The obligations in this SCO apply to and are binding upon the Division of Waste Management and Radiation Control and upon Source DBA AET and any of Source DBA AET’s successors, assigns, or other entities or persons otherwise bound by law. 26. The stipulations contained herein are for the purposes of settlement and shall not be considered admissions by any party and shall not be used by any person related or unrelated to this SCO for purposes other than determining the basis of this SCO. Nothing contained herein shall be deemed to constitute a waiver by the State of Utah of its right to initiate enforcement action, including civil penalties, against Source DBA AET in the event of future non-compliance with this SCO, with the Act, and with the Rules; nor shall the State of Utah be precluded in any way from taking appropriate action should such a situation arise again at the Source DBA AET facilities. However, entry into this SCO shall relieve Source DBA AET of all liability for violations that arose or could have arisen with respect to the allegations contained in the NOV/CO. 27. As of the Effective Date, this SCO will be a final, non-appealable administrative order subject to the civil enforcement provisions of Utah Code Section 63G-4-501 et seq. and other applicable law, including Utah Code Section 19-6-112. EFFECTIVE DATE 28. This SCO shall become effective upon the date of execution by the Director (the Effective Date). PUBLIC PARTICIPATION 29. This SCO shall be subject to public notice and comment for a period of at least 30 days (Comment Period) in accordance with Utah Admin. Code R315-124-34. The Director reserves the right to withdraw or withhold his consent if any comment received during the Comment Period discloses facts or considerations indicating the SCO is inappropriate, improper, or inadequate. SIGNATORY 30. The undersigned representative of Source DBA AET certifies that the representative is authorized to enter into this SCO and to legally bind Source DBA AET. Pursuant to the Utah Solid and Hazardous Waste Act, Utah Code Section 19-6-101 et seq., in the Matter of Source Environmental, Inc. DBA AET Environmental Notice of Violation and Compliance Order No. 2304033, the parties hereto mutually agree and consent to STIPULATION AND CONSENT ORDER No. 2309116 as evidenced below: Page 5 of 5 SOURCE ENVIRONMENTAL, INC. DBA AET ENVIRONMENTAL, a subsidiary of CRYSTAL CLEAN, LLC ________________________ Brian Recatto, President Date: _____________________ THE STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL __________________________ Douglas J. Hansen, Director Date: _____________________