Case: 1:22-cv-00303 Document #: 1 Filed: 01/19/22 Page 1 of 93 PageID #:1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
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`UNITED STATES OF AMERICA,
`LOUISIANA DEPARTMENT OF
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`ENVIRONMENTAL QUALITY, AND
`THE STATE OF INDIANA,
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`__________________________________________
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`Defendant.
`__________________________________________)
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`Civil Action No. 1:22-cv-00303
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`Plaintiffs,
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`v.
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`HERITAGE-CRYSTAL CLEAN, LLC
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`
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`COMPLAINT
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`Plaintiffs, the United States of America, by and through the Attorney General of the
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`United States, acting at the request and on behalf of the Administrator of the United States
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`Environmental Protection Agency (“EPA”); the Louisiana Department of Environmental Quality
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`(“LDEQ”); and the state of Indiana, by and through the Attorney General of Indiana, acting at
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`the request of and on behalf of the Commissioner of the Indiana Department of Environmental
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`Management (“IDEM”), file this Complaint and allege as follows:
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`NATURE OF THIS ACTION
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`1.
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`This is a civil action brought against Heritage-Crystal Clean, LLC (“HCC” or
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`“Defendant”) by Plaintiffs pursuant to Sections 3008(a) and (g) of the Resource Conservation
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`and Recovery Act (“RCRA”), as amended, 42 U.S.C. § 6928(a) and (g), La. R.S. 30:2025, and
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`Indiana Code Section 13-30-4-1. In this action, Plaintiffs seek injunctive relief and civil penalties
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`for violations of regulations that are part of federally authorized and federally enforceable
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`hazardous waste management programs applicable to facilities owned or operated by HCC at
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`various locations around the country. The state of Indiana also seeks injunctive relief and civil
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`penalties for violation of terms and conditions of a solid waste processing facility permit and
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`violation of applicable state regulations that prohibit solid waste processing facilities from
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`accepting hazardous waste.
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`2.
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`As set forth below, Defendant has violated the statutory and regulatory
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`requirements applicable to the management and disposal of solid and hazardous waste found in
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`Title 33 of the Louisiana Administrative Code (“LAC”) Part V, Chapters 1 through 51; Title 329,
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`Article 3.1 of the Indiana Administrative Code (“IAC”), which incorporates specified provisions
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`of 40 C.F.R. Parts 260–270 (2008) by reference; Title 6 of the Code of Colorado Regulations
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`(“CCR”), Section 1007-3, Parts 100, 260–279 (2012); Ga. Comp. R. and Regs. 391-3-11 (2016),
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`which incorporates specified provisions of 40 C.F.R. Parts 260–279 (2016) by reference; Title 25
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`of the Pennsylvania Code (“Pa. Code”), which incorporates specified provisions of 40 C.F.R.
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`Parts 260–270 (2005) by reference; Section 3005 of RCRA, 42 U.S.C. § 6925; La. R.S. 30:2183;
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`and Indiana Code Section 13-30-2-1 (10).
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`PARTIES
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`3.
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`Plaintiffs are the United States of America, the Louisiana Department of
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`Environmental Quality, and the state of Indiana, on behalf of Indiana Department of
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`Environmental Management.
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`4.
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`Defendant is HCC, a limited liability company organized under the laws of the
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`state of Indiana. HCC’s corporate headquarters is in Elgin, Illinois. HCC is registered to do
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`business in numerous states, including Indiana, Louisiana, Colorado, Georgia, and Pennsylvania.
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`5.
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`HCC is a “person” within the meaning of Section 1004(15) of RCRA, 42 U.S.C.
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`§ 6903(15); LAC 33:V.109 (2014); 329 IAC 3.1-4-20 (2010) and 40 C.F.R. § 260.10 (2008),
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`which is incorporated by reference in 329 IAC 3.1-4-1 (2010); 6 CCR 1007-3 § 260.10 (2012);
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`Complaint
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`Page 2
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`U.S, IN, & LDEQ v. Heritage-Crystal Clean, LLC,
`Civil Action No. 1:22-cv-00303 (N.D. Il.)
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`

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`40 C.F.R. § 260.10 (2016), which is incorporated by reference in Ga. Comp. R. and Regs. 391-3-
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`11.02(1) (2016); and 40 C.F.R. § 260.10 (2005), which is incorporated by reference in 25 Pa.
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`Code § 260a.1 (2005).
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`JURISDICTION, VENUE, AUTHORITY AND NOTICE
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`6.
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`This Court has jurisdiction over the subject matter of this action pursuant to
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`28 U.S.C. §§ 1331, 1345, and 1355, and RCRA Sections 3008(a) and (g), 42 U.S.C. §§ 6928(a)
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`and (g). Pursuant to 28 U.S.C. § 1367(a), this Court also has supplemental jurisdiction over all
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`claims asserted in this complaint by LDEQ and Indiana under state law because such claims are
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`so related to claims in the action within such original jurisdiction that they form part of the same
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`case or controversy under Article III of the United States Constitution.
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`7.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and
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`1395(a), and RCRA Section 3008(a)(1), 42 U.S.C. § 6928(a)(1), because Defendant resides and
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`is found within this district within the meaning of 28 U.S.C. §§ 1391(b) and 1395(a).
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`8.
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`Authority to bring this civil action on behalf of EPA is vested in the Attorney
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`General of the United States pursuant to Section 3008(a) of RCRA, 42 U.S.C. § 6928(a), and
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`28 U.S.C. §§ 516 and 519.
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`9.
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`Authority to bring this civil action on behalf of EPA is vested in LDEQ under La.
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`R.S. 36:231 with the concurrence of the Attorney General of the state of Louisiana, at the request
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`of the Secretary of the LDEQ pursuant to La. R.S. 30:2025, La. R.S. 30:2050.7, and LAC
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`33:V.107.
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`10.
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`The Indiana Attorney General is authorized to appear and represent Indiana and
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`IDEM in this case pursuant to Indiana Code Sections 4-6-3-2(a) and 13-14-2-6.
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`Complaint
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`Page 3
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`U.S, IN, & LDEQ v. Heritage-Crystal Clean, LLC,
`Civil Action No. 1:22-cv-00303 (N.D. Il.)
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`11.
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`IDEM may proceed in court, by appropriate action, to procure or secure
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`compliance with Title 13 of the Indiana Code or any other law that IDEM has the duty or power
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`to enforce, pursuant to Indiana Code Section 13-14-2-6 (3).
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`12.
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`IDEM may proceed in court, by appropriate action, to procure compliance with
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`any standard or rule of the board pursuant to Indiana Code Section 13-14-2-6 (4).
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`13.
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`IDEM may recover a civil penalty for violations of environmental laws, rules or
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`permits in a civil action commenced in any court with jurisdiction pursuant to Indiana Code
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`Section 13-30-4-1(b).
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`14.
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`The United States provided notice to the States of Louisiana, Indiana, Colorado,
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`Georgia, and the Commonwealth of Pennsylvania prior to the commencement of this action in
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`accordance with RCRA Section 3008(a)(2), 42 U.S.C. § 6928(a)(2).
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`STATUTORY AND REGULATORY BACKGROUND
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`15.
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`Subtitle III chapter C of RCRA (RCRA §§ 3001-3024, 42 U.S.C. §§ 6921-6939g,
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`commonly referred to as “Subtitle C”) establishes a “cradle-to-grave” program for regulating the
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`generation, transportation, treatment, storage, and disposal of hazardous waste. See 42 U.S.C.
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`§ 6901 et seq. Section 3014 of RCRA, 42 U.S.C. § 6935, which is also part of Subtitle C, also
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`establishes a program for regulating used oil that is recycled.
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`16.
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`Section 3001 of RCRA, 42 U.S.C. § 6921, authorizes the Administrator of EPA
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`(“Administrator”) to promulgate regulations identifying characteristics of hazardous waste and
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`listing hazardous wastes.
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`17.
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`Pursuant to the authority under Section 3001 of RCRA, 42 U.S.C. § 6921, the
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`Administrator has promulgated regulations identifying and listing hazardous wastes that are
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`subject to regulation under Subtitle C of RCRA. These regulations are codified at 40 C.F.R. Part
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`Complaint
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`Page 4
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`261, and include regulations identifying hazardous waste characteristics (40 C.F.R. §§ 261.20–
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`261.24) as well as regulations listing particular hazardous wastes (40 C.F.R. §§ 261.30–261.35).
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`18.
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`Section 3002 of RCRA, 42 U.S.C. § 6922, authorizes the Administrator to
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`promulgate regulations establishing standards applicable to generators of hazardous waste
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`identified or listed under 40 C.F.R. Part 261.
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`19.
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`Pursuant to the authority under Section 3002 of RCRA, 42 U.S.C. § 6922, the
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`Administrator has promulgated regulations establishing standards applicable to generators of
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`hazardous waste. These regulations are codified principally at 40 C.F.R. Part 262.
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`20.
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`Section 3003 of RCRA, 42 U.S.C. § 6923, authorizes the Administrator to
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`promulgate regulations establishing standards applicable to transporters of hazardous waste
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`identified or listed under 40 C.F.R. Part 261.
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`21.
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`Pursuant to the authority under Section 3003 of RCRA, 42 U.S.C. § 6923, the
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`Administrator has promulgated regulations establishing standards applicable to transporters of
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`hazardous waste. These regulations are codified at 40 C.F.R. Part 263.
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`22.
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`Section 3004 of RCRA, 42 U.S.C. § 6924, authorizes the Administrator to
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`promulgate regulations establishing standards applicable to facilities that treat, store or dispose
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`of hazardous waste identified or listed under 40 C.F.R. Part 261.
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`23.
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`Pursuant to the authority under Section 3004 of RCRA, 42 U.S.C. § 6924, the
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`Administrator has promulgated regulations establishing standards applicable to facilities that
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`treat, store or dispose of hazardous waste identified or listed under 40 C.F.R. Part 261, including
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`regulations codified at 40 C.F.R. Parts 264 and 265.
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`24.
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`Section 3005 of RCRA, 42 U.S.C. § 6925, authorizes the Administrator to
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`promulgate regulations requiring each person owning or operating a hazardous waste treatment,
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`Complaint
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`Page 5
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`storage or disposal facility to have a permit or to have interim status in accordance with RCRA
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`Section 3005(e).
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`25.
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`Pursuant to the authority under Section 3005 of RCRA, 42 U.S.C. § 6925, the
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`Administrator has promulgated regulations governing the issuance of permits for facilities that
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`treat, store or dispose of hazardous waste. These regulations are codified at 40 C.F.R. Part 270.
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`26.
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`Pursuant to Section 3006 of RCRA, 42 U.S.C. § 6926, any state may apply to the
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`Administrator for authorization to administer and enforce a hazardous waste management
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`program under RCRA Subtitle C in such state. Under Section 3006 of RCRA, 42 U.S.C. § 6926,
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`the Administrator may authorize such state to administer a state hazardous waste management
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`program in lieu of the federal hazardous waste management program if the Administrator
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`determines the state hazardous waste management program is at least equivalent to and
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`consistent with the federal program and provides adequate enforcement authority. The provisions
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`of Section 3006 of RCRA, 42 U.S.C. § 6926, regarding state programs are also applicable to
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`state programs for management of used oil not listed or identified as a hazardous waste.
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`42 U.S.C. § 6926(h).
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`27.
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`Pursuant to the authority under Section 3006 of RCRA, 42 U.S.C. § 6926, the
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`Administrator has authorized the state of Louisiana to operate a state hazardous waste
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`management program and a program for management of used oil in that state in lieu of the
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`federal programs for management of hazardous waste and used oil that is recycled. The federally
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`authorized programs for managing hazardous waste and used oil in Louisiana are codified at
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`LAC 33:V.Chapters 1 - 51 (2015).
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`28.
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`Pursuant to the authority under Section 3006 of RCRA, 42 U.S.C. § 6926, the
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`Administrator has authorized the state of Indiana to operate a state hazardous waste management
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`Complaint
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`Page 6
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`U.S, IN, & LDEQ v. Heritage-Crystal Clean, LLC,
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`program in that state in lieu of the federal hazardous waste management program. The hazardous
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`waste management program that is currently federally authorized in Indiana is codified at
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`329 IAC Art. 3.1 (2010). The authorized state hazardous waste management program for Indiana
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`incorporates by reference specified requirements of 40 C.F.R. Parts 260–270 (2008), including
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`each of the federal regulations identified in allegations below relating to HCC activities and
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`facilities located in Indiana. Therefore, to the extent that provisions of the Code of Federal
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`Regulations have been incorporated by reference into Indiana’s federally authorized hazardous
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`waste management program, allegations in this complaint relating to HCC activities and facilities
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`in Indiana will refer directly to the incorporated provisions of the Code of Federal Regulations.
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`29.
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`Pursuant to the authority under Section 3006 of RCRA, 42 U.S.C. § 6926, the
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`Administrator has authorized the state of Colorado to operate a state hazardous waste
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`management program in that state in lieu of the federal hazardous waste management program.
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`The hazardous waste management program that is currently federally authorized in Colorado is
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`codified at 6 CCR 1007-3, Parts 100, 260 – 279 (2012).
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`30.
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`Pursuant to the authority under Section 3006 of RCRA, 42 U.S.C. § 6926, the
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`Administrator has authorized the state of Georgia to operate a state hazardous waste management
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`program in that state in lieu of the federal hazardous waste management program. The federally
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`authorized hazardous waste program for Georgia is codified at Ga. Code Ann. §§ 12-8-60 to
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`12-8-83 and Ga. Comp. R. and Regs. 391-3-11. At times relevant to this complaint, the
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`authorized state hazardous waste management program for Georgia has incorporated by
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`reference specified requirements of 40 C.F.R. Parts 260–279 (2016), including each of the
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`federal regulations identified in allegations below relating to HCC activities and facilities located
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`in Georgia. Effective February 22, 2019, the federally authorized hazardous waste management
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`Complaint
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`Page 7
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`program for Georgia incorporated by reference certain revisions to previously incorporated
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`federal regulations, including specified provisions of 40 C.F.R. Part 262 (2017). Therefore, to the
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`extent that provisions of the Code of Federal Regulations have been incorporated by reference
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`into Georgia’s federally authorized hazardous waste management program, allegations in this
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`complaint relating to HCC activities and facilities in Georgia will refer directly to the
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`incorporated provisions of the Code of Federal Regulations.
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`31.
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`Pursuant to the authority under Section 3006 of RCRA, 42 U.S.C. § 6926, the
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`Administrator has authorized the state of Pennsylvania to operate a state hazardous waste
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`management program in that state in lieu of the federal hazardous waste management program.
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`The hazardous waste management program that is currently federally authorized in Pennsylvania
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`is codified at 25 Pa. Code Chapters 260a-266a, 266b, and 268a-270a (2009). The authorized state
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`hazardous waste management program for Pennsylvania incorporates by reference specified
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`requirements of 40 C.F.R. Parts 260–279 (2005), including each of the federal regulations
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`identified in allegations relating to HCC activities and facilities located in Pennsylvania.
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`Therefore, allegations in this complaint relating to HCC activities and facilities in Pennsylvania
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`will refer directly to provisions of the Code of Federal Regulations that have been incorporated
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`into Pennsylvania’s federally authorized hazardous waste management program, where
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`applicable.
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`32.
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`Pursuant to Subchapter IV of RCRA, §§ 4001 et seq., 42 U.S.C. §§ 6941 et seq.
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`(commonly referred to as “Subtitle D”), states were required to develop and implement plans,
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`including establishment of regulatory authority, to provide for resource conservation and
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`recovery, including practices as may be necessary to use or dispose of solid wastes in a manner
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`that is environmentally sound.
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`Complaint
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`Page 8
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`33.
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`Pursuant to Title 13, Article 13, Chapter 8 of the Indiana Code, the Environmental
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`Rules Board is established to adopt rules that are consistent with the purposes of Indiana Code
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`Title 13.
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`34.
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`Pursuant to authority under Indiana Code Section 13-19-3-1, the Indiana
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`Environmental Rules Board is authorized to adopt rules to regulate solid and hazardous waste in
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`Indiana, including rules necessary to implement RCRA (42 U.S.C. §§ 6901, et seq.).
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`35.
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`The Indiana Environmental Rules Board adopted rules to regulate solid waste
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`processing facilities at 329 IAC Article 11.
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`Enforcement of RCRA
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`36.
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`Pursuant to Section 3008(a) of RCRA, 42 U.S.C. § 6928(a), the United States
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`may commence a civil action in an appropriate United States District Court whenever any person
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`is in violation of any requirement under Subtitle C of RCRA, including any requirement of a
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`federally authorized state hazardous waste management program, such as the hazardous waste
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`management programs for Louisiana, Indiana, Colorado, Georgia, and Pennsylvania, and any
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`requirement of a federally authorized state used oil management program. In addition, Louisiana
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`and Indiana each has authority to enforce its own hazardous waste management program under
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`state law.
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`37.
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`Pursuant to Section 3008(a) and (g), 42 U.S.C. § 6928(a) and (g), the United
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`States District Court may grant appropriate relief for violations of requirements under RCRA
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`Subtitle C, including issuance of a temporary or permanent injunction and assessment of civil
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`penalties.
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`38.
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`Pursuant to Section 3008(g) of RCRA, 42 U.S.C. § 6928(g), the Federal Civil
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`Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461, note; Pub. L. 101-410), as
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`amended by the Debt Collection Improvement Act of 1996, and the Federal Civil Penalties
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`Complaint
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`Page 9
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`Inflation Adjustment Improvements Act of 2015 (28 U.S.C. § 2461 note; Pub. L. 114-74, Section
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`701), 40 C.F.R. § 19.4, and 87 Fed. Reg. 1676 (Jan. 12, 2022), the Court may assess civil
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`penalties of up to $81,540 per day for each day of violation of Subtitle C of RCRA.
`
`39.
`
`Pursuant to Indiana Code Section 13-14-2-6 (4), IDEM may proceed in court, by
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`appropriate action, to procure compliance with any standard or rule of the Environmental Rules
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`Board and pursuant to Indiana Code Section 13-30-4-1(b) may commence a civil action to seek
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`injunctive relief and recover a civil penalty for violations of environmental laws, rules or
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`permits.
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`OVERVIEW OF HCC’S PARTS CLEANING SOLVENT SERVICES
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`40.
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`HCC provides parts cleaning solvent services, containerized waste management
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`services, and used oil collection services to a broad range of customers across the country.
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`41.
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`As part of its parts cleaning solvent services, HCC distributes solvent products to
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`customers, collects used solvents from its customers, and manages the used solvents prior to
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`resale or redistribution.
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`42.
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`HCC owns or operates numerous facilities at various locations throughout the
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`United States, including approximately 89 facilities that HCC refers to as “branch” facilities and
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`several other facilities that HCC refers to as “distribution hubs.” HCC uses the branch and hub
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`facilities as part of its product distribution network, as well as for consolidation or transfer of
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`used solvent and used oil that HCC collects from its customers.
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`43.
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` As part of its parts cleaning services, HCC distributes solvent products, including
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`products that it refers to as “142 solvent” and “106 solvent.”
`
`44.
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`In referring to products as 142 solvent or 106 solvent, the numbers “142” and
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`“106” refer to the claimed flashpoints of the respective solvents, but HCC does not test the
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`flashpoint of each container of solvent, and the actual flashpoint of different containers of each
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`Complaint
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`Page 10
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`of these solvents, particularly used solvents, varies. For example, samples of product 142 solvent
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`containers delivered to one of HCC’s customers exhibited flashpoints of 121°F, 136°F, and
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`126°F, prior to any use of such solvents.
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`45. When HCC customers use 142 solvent or 106 solvent to clean parts, the cleaning
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`process removes dirt or other material from the parts being cleaned. Over time, this removed
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`material accumulates in the cleaning solvent until the used solvent is no longer suitable for parts
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`cleaning. HCC periodically picks up used 142 or 106 solvent from its customers and replaces
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`such used solvent with product 142 or 106 solvent for its customers’ continuing parts cleaning
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`needs. The used solvent is a “spent material” within the meaning of 40 C.F.R. § 261.1(c)(1)
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`(2005, 2008, and 2016), LAC 33:V.109 (2014), and 6 CCR 1007-3 § 261.1(d)(1) (2012).
`
`46.
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`After collecting drums or other containers of used 142 solvent from its parts
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`cleaning customers, HCC transports it to an HCC facility located at 3970 West 10th Street,
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`Indianapolis, Indiana (the “10th Street Facility”), where the used solvent is “reclaimed” by
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`distillation within the meaning of 40 C.F.R. § 261.1(c)(4) (2008). In many instances, used 142
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`solvent may first be transported by HCC to other branch or hub facilities, and combined into
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`bulk containers, such as railcars, before the used solvents are ultimately delivered to the 10th
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`Street Facility.
`
`47.
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`After reclaiming used 142 solvent via distillation, HCC regularly adds to the
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`reclaimed 142 solvent virgin solvent that HCC buys from a third party. Reclaimed 142 solvent is
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`repackaged in 16, 30, and 55-gallon drums prior to delivery of the reclaimed solvent to HCC’s
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`parts cleaning customers.
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`48.
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`After collecting drums or other containers of used 106 solvent from its parts
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`cleaning customers, HCC transports it to various other HCC facilities including a facility located
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`Complaint
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`Page 11
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`at 3450 Hollywood Avenue, Shreveport, Louisiana (“Shreveport Hub”), the 10th Street Facility,
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`and a facility in Hammond, Indiana where HCC leases one or more tanks from Wolf Lake
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`Terminals, Inc.
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`49.
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`As described below in this complaint, HCC removes water and solids from used
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`106 solvent. After removing water and solids from the used 106 solvent, HCC sells the solvent to
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`various customers, including manufacturers of roofing materials. HCC disposes of water and
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`solids removed from the used 106 solvent as hazardous waste.
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`SHREVEPORT HUB ALLEGATIONS
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`50.
`
`Since at least March of 2006, HCC has operated its Shreveport Hub on
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`approximately 20 acres of property that HCC leases from Preston Place Apartments, LLC.
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`51.
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`The Shreveport Hub is generally bounded by a residential area to the north, open
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`land to the west, Hollywood Avenue to the south and railroad tracks to the east.
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`52.
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`Pursuant to Section 3010 of RCRA, HCC submitted a notification of hazardous
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`waste activity to LDEQ on or about September 19, 2007. In that notification, HCC identified the
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`Shreveport Hub as a RCRA large quantity generator of hazardous waste.
`
`53.
`
`The Shreveport Hub was assigned EPA ID no. LAD985174234.
`
`Management of used 106 solvent at the Shreveport Hub
`
`54.
`
`Since at least November of 2015, HCC has regularly transported to the Shreveport
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`Hub drums or other containers of used 106 solvent that HCC picked up from certain of its parts
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`cleaning customers located within a geographic area served by the Shreveport Hub. Such drums
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`or containers typically range in size from 30 to 55 gallons.
`
`55.
`
`The used 106 solvent that HCC picks up from customers and delivers to the
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`Shreveport Hub is “spent material” within the meaning LAC 33:V.109 (2014).
`
`Complaint
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`
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`Page 12
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`U.S, IN, & LDEQ v. Heritage-Crystal Clean, LLC,
`Civil Action No. 1:22-cv-00303 (N.D. Il.)
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`

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`Case: 1:22-cv-00303 Document #: 1 Filed: 01/19/22 Page 13 of 93 PageID #:13
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`56.
`
`Used 106 solvent that HCC picks up from its parts cleaning customers regularly
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`contains varying amounts of water and other substances that were introduced into the 106 solvent
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`as a result of the customers’ use of the 106 solvent.
`
`57.
`
`HCC regularly re-sells the commercially valuable fraction of the used 106 solvent
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`received at the Shreveport Hub for use in various applications, including in roofing material
`
`applications.
`
`58.
`
`On a regular basis, the used 106 solvent received at the Shreveport Hub is not
`
`suitable for use in various resale applications, including roofing material applications, unless
`
`HCC alters the composition of the used 106 solvent by, among other things, reducing the
`
`aqueous content of the used 106 solvent until it meets applicable product specifications.
`
`59.
`
`As part of its management of used 106 solvent at the Shreveport Hub, HCC has,
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`since at least November of 2015, regularly mixed used 106 solvent from multiple HCC
`
`customers by combining the contents of drums or other containers of used 106 solvent in one or
`
`more tanks, including, at relevant times, a tank referred to by HCC as Tank 33 that has a capacity
`
`of more than 20,000 gallons.
`
`60.
`
`After combining used 106 solvent from different HCC customers, as described in
`
`Paragraph 59, above, HCC regularly subjects the resulting used 106 solvent mixtures to iterative
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`gravity separation, in which used 106 solvent in various tanks or containers is allowed to settle
`
`for varying periods of time to form different layers, with denser, predominantly aqueous material
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`and solids settling to the bottom of a tank or container, and less dense, predominantly solvent
`
`material collecting at the top of the tank or container.
`
`61.
`
`After used 106 solvent settles into different layers as described in the previous
`
`paragraph, HCC separates layers that consist predominantly of solvent materials into different
`
`Complaint
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`
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`Page 13
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`U.S, IN, & LDEQ v. Heritage-Crystal Clean, LLC,
`Civil Action No. 1:22-cv-00303 (N.D. Il.)
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`

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`Case: 1:22-cv-00303 Document #: 1 Filed: 01/19/22 Page 14 of 93 PageID #:14
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`tanks from the tanks or containers that it uses to hold layers that consist predominantly of
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`aqueous and solid materials.
`
`62.
`
`After separating aqueous and solvent fractions of used 106 solvent into different
`
`containers as described in the preceding paragraph, HCC may subject the separated fractions to
`
`one or more additional sequences of gravity separation in order to remove more aqueous material
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`from separated solvent fractions and to recover additional solvent material from the separated
`
`aqueous fraction.
`
`63.
`
`At the Shreveport Hub, HCC has used a series of tanks, including, at various
`
`times, tanks referred to by HCC as Tank 30, Tank 33, Tank 43, and Tank 44, as well as
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`numerous smaller containers, including “totes” that each have a capacity of approximately 275
`
`gallons, for separating a commercially valuable solvent fraction of the used 106 solvent from an
`
`aqueous and solid material fraction that is disposed of as hazardous waste. Although HCC retains
`
`used 106 solvent in these tanks or containers for varying periods of time, as of October 2015, at
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`least one of the tanks, Tank 30, had retained used 106 solvent for a period of 5-6 months.
`
`64.
`
`HCC tests the separated solvent materials to determine whether they meet re-sale
`
`product specifications, including specifications limiting the acceptable water content of the
`
`solvents it sells for use in roofing material applications. HCC continues to gravity separate used
`
`106 solvent until the separated solvent fraction meets applicable product specifications.
`
`65.
`
`As a result of the management of the used 106 solvent described in Paragraphs
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`60 - 64, above, HCC removes a substantial volume of water and solids from the used 106 solvent
`
`received at the Shreveport Hub. HCC regularly sends totes containing aqueous waste and solids
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`separated from the used 106 solvent at the Shreveport Hub to offsite locations for disposal as
`
`hazardous waste.
`
`Complaint
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`
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`Page 14
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`U.S, IN, & LDEQ v. Heritage-Crystal Clean, LLC,
`Civil Action No. 1:22-cv-00303 (N.D. Il.)
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`

`

`Case: 1:22-cv-00303 Document #: 1 Filed: 01/19/22 Page 15 of 93 PageID #:15
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`66.
`
`After removing predominantly aqueous material and solids from used 106 solvent
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`as described in Paragraphs 60 - 65, above, HCC sells the remaining solvent material for various
`
`applications, including for use in roofing material applications.
`
`67.
`
`Because the practices described in Paragraphs 60 - 65, above, result in recovery of
`
`a usable product from used 106 solvent at the Shreveport Hub, such used 106 solvent is
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`“reclaimed” and a “reclaimed material” within the meaning of LAC 33:V.109 (2014).
`
`68.
`
`Spent materials that are reclaimed, such as used 106 solvent at the Shreveport
`
`Hub, are “recycled” and “recyclable material” within the meaning of LAC 33:V.109 (2014).
`
`69.
`
`Because HCC’s management of used 106 solvent received at the Shreveport Hub
`
`constitutes reclamation and recycling of spent material, the drums or other containers of used
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`106 solvent that HCC receives at the Shreveport Hub contain “discarded material” and “solid
`
`waste” within the meaning of LAC 33:V.109 (2014).
`
`70.
`
`Pursuant to LAC 33:V.109.HazardousWaste.2.a (2014), a solid waste is subject to
`
`regulation as a hazardous waste when it exhibits any of the characteristics identified in LAC
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`33:V.4903.B-E (2014). Pursuant to LAC 33:V.109.HazardousWaste.3.c (2014), a solid waste
`
`mixture is subject to regulation as a hazardous waste when it exhibits any of the characteristics
`
`identified in LAC 33:V.4903.B-E (2014).
`
`71.
`
`EPA and LDEQ conducted Compliance Evaluation Inspections of the Shreveport
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`Hub on November 16-20, 2015 (“November 2015 Inspection”) and June 7-9, 2016 (“June 2016
`
`Inspection”).
`
`72.
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`During the November 2015 Inspection, EPA collected representative samples of
`
`the used 106 solvent present in numerous tanks and containers at the Shreveport Hub, including
`
`Complaint
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`
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`Page 15
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`U.S, IN, & LDEQ v. Heritage-Crystal Clean, LLC,
`Civil Action No. 1:22-cv-00303 (N.D. Il.)
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`Case: 1:22-cv-00303 Document #: 1 Filed: 01/19/22 Page 16 of 93 PageID #:16
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`one or more separate representative samples from each of the following: Tank 30, Tank 33, Tank
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`43, Tank 44, and totes that HCC refers to as Tote 9, Tote 10, Tote 16, Tote 29, and Tote 30.
`
`73.
`
`A representative sample collected from each tank referred to in Paragraph 72,
`
`above, during the November 2015 Inspection was a liquid with a flash point below 140 degrees
`
`Fahrenheit, determined in accordance with LAC 33:V.4903.B.1 (2014). The used 106 solvent in
`
`each tank referred to in Paragraph 72, above, exhibited the characteristic of ignitability within the
`
`meaning of LAC 33:V.4903.B.1 (2014).
`
`74.
`
`At the time of the November 2015 Inspection, the used 106 solvent in each of the
`
`tanks referred to in Paragraph 72, above, was a hazardous waste within the meaning of LAC
`
`33:V.4903 (2014).
`
`75.
`
`A representative sample of used 106 solvent collected from each tote referred to
`
`in Paragraph 72, above, during the November 2015 Inspection was a liquid with a flash point
`
`below 140 degrees Fahrenheit, determined in accordance with LAC 33:V.4903.B.1 (2014). The
`
`used 106 solvent mixture in each such tote exhibited the characteristic of ignitability within the
`
`meaning of LAC 33:V.4903.B (2014).
`
`76.
`
`Separate representative samples of the used 106 solvent collected from Tote 9,
`
`Tote 16, Tote 29, and Tote 30, respectively, during the November 2015 Inspection were
`
`evaluated in accordance with LAC 33:V.4903.E.1 (2014), using SW-84