|
STATE
OF |
) ) ) |
SS: |
BEFORE
THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT |
|||
|
|
||||||
|
COMMISSIONER
OF THE |
) ) ) |
|
||||
|
|
|
) |
|
|||
|
Complainant, |
|
) |
|
|||
|
|
|
) |
|
|||
|
|
v. |
|
) |
Case
No. 2005-14640-S |
||
|
|
|
) |
|
|||
|
WESTHEM
INTERNATIONAL RESOURCES LLC, D/B/A. WESTHEM LAKE |
|
) |
|
|||
|
|
|
) |
|
|||
|
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 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
2.
Respondent is Westhem
International Resources, LLC, d/b/a Westhem-Lake County Organics
(“Respondent”), which owns and operates a registered compost facility,
registration No. 45-16C, located at
3.
IDEM has jurisdiction
over the parties and the subject matter of this action.
4.
The Respondent waives
issuance of a Notice of Violation and to the settlement period of sixty (60)
days as provided for by IC 13-30-3-3.
5.
During an
investigation conducted on April 6, 2005, by a representative of IDEM, the
following violations were found:
a.
Pursuant to Condition
No.1 of Compost Facility Registration No. 45-16C, within ninety (90) days of
receiving compost registration approval, Respondent was to remove and dispose
of the mixed wood waste pile located along the eastern property border.
Respondent received it’s compost facility registration approval on June 4,
2004. An investigation of the Site on
April 6, 2005, found the mixed wood waste pile along the eastern portion of the
Site had not been removed and disposed within the required ninety (90) days,
thus violating Condition No.1 of the compost facility registration.
b.
Pursuant to Condition
No. 2 of Compost Facility Registration No. 45-16C, within six (6) months of
receiving compost registration approval, Respondent was to complete grinding of
the remaining brush and wood, screen the existing compost piles, and remove for
disposal any remaining waste material.
Respondent received compost facility registration approval on June 4,
2004. An inspection of the Site on April
6, 2005, found that the remaining brush and wood had not been ground and the
existing compost piles had not been screened within the required six (6) month
time period, thus violating Condition No. 2 of the compost facility
registration.
6.
Brush, compost,
treated wood, and dimensional lumber and other similar regulated solid waste
streams have been abandoned at the Site by a previous landowner and facility
operator. The Respondent has agreed to
bring the Site into compliance by implementing the terms of this Agreed Order. This Agreed Order contains three (3) major directives. The first directive will be for the
Respondent to provide IDEM with financial assurance to address the cleanup of
the Site as directed by the Order portion of this Agreed Order. The second
directive will be to bring the Site into compliance with all applicable
Federal, State and Local laws, rules, regulations, ordinances and
permits/registrations. The third
directive will be the development and implementation of a plan outlining under
what circumstances the Respondent may accept and process Cargill Corn Milling
Material (“Mill Material”) solely from (1) the Cargill facility located at 1100
South Indianapolis Blvd., in Hammond, Lake County, Indiana; (2) Madison Paper
Mill Filtercake (“Filtercake”) from Madison Paper Company, located at 13101 South
Pulaski Rd., Alsip, Illinois; and (3) yard waste materials specifically
accumulated for composting, to finance the Site remediation project. Respondent has provided IDEM with the
analytical results of and applicable Material Safety Data Sheets (MSDS) on the
Mill Material and the analytical results on the Filtercake.
7.
In recognition of the
settlement reached, Respondent 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 all applicable Federal, State and/or Local laws, regulations and
ordinances, or other legal requirements (e.g. zoning requirements) in the
implementation of this Agreed Order.
3.
Respondent shall,
within sixty (60) days of the Effective Date of this Agreed Order, submit a
complete solid waste processing facility permit application for the processing
of the Mill Material and Filtercake.
Respondent acknowledges and agrees that this Agreed Order shall not
guarantee the issuance of a solid waste processing facility permit from IDEM to
the Respondent.
4.
Respondent shall,
within thirty (30) days of the Effective date of this Agreed Order, establish
financial assurance as directed below.
The financial assurance is subject to IDEM review and approval. Upon IDEM approval, the financial assurance
will be deemed effective. The financial assurance must be secured, valid and
effective prior to the Respondent receiving any Mill Material or Filtercake at
the Site.
(a)
Respondent shall
provide an appropriate insurance policy in the amount of Four Hundred Thousand
($400,000.00) Dollars. IDEM shall be
named in the insurance policy as an additional named insured. A copy of this policy shall be provided to
IDEM upon the Effective Date if this Agreed Order. This policy is to cover IDEM’s costs of
cleanup of the Site if the Respondent fails to comply with this Agreed
Order. This insurance policy shall not
hinder and/or limit IDEM’s ability to seek additional cost recovery against
Respondent if an IDEM cleanup of the Site exceeds the above noted amount;
(b)
The policy shall provide
that, upon notification to the insurer by the Complainant, or the Complainant’s
delegate, that the Respondent has failed to implement, comply and/or complete
any requirement of this Agreed Order, the insurer shall make payments in any
amount, not to exceed the amount insured, and to any person in any manner
authorized by the Complainant or Complainant’s delegate;
(c)
The policy shall
provide that, the Respondent shall maintain the policy in full force and effect
until the Complainant or Complainant’s delegate consents in writing to
termination of the policy;
(d)
The policy shall
provide that the insurer cannot cancel, terminate, or fail to renew the policy
except for the Respondent’s failure to pay the premiums. The policy may not be canceled, terminated,
or fail to be renewed unless at least
one hundred twenty (120) days prior to such event the Complainant and the
Respondent are notified in writing by the insurer;
(e)
The insurer shall be
either licensed to transact the business of insurance or eligible to provide
insurance as an excess or surplus lines insurer in one (1) or more states.
5.
Respondent shall
follow the following operational remediation plan to bring the Site into
compliance:
a.
The Site has been divided into five (5)
sections listed below and illustrated in the Site drawing included as
Attachment A. Also included as
Attachment B is a Future Site Drawing.
Sections, per
Attachment A
·
Main Office, Scale and Equipment Area
(Fenced)
·
Section I - Compost, Dirt and Mulch
Piles
·
Section II – Pallets and Dimensional
Lumber
·
Section III – Large Logs and Wood Chips
·
Section IV - Yard Waste &
Miscellaneous Brush
·
Section V - Yard Waste & Logs
b.
Re-grading and resurfacing the compost
pad:
As each section of the existing compost pad is cleaned and cleared, Respondent
shall re-grade and resurface the compost pad.
Currently, the Site has been covered by the previous owner or operator
with an aggregate material from a recycling facility. This aggregate material has glass and bits of
metal, which would be detrimental to finished horticultural products that will
be produced by the Respondent on the Site.
This problem aggregate material will be removed and/or covered with
layers of clean fill material that do not contain contaminants. Re-grading will also be undertaken to improve
Site drainage. Areas on Site that will
permanently serve as roadways within the Site will be strengthened, so that the
Site can be accessed by heavy equipment or fire trucks in all weather. Respondent shall complete the above noted
requirements within one hundred twenty (120) days of the Effective Date of this
Agreed Order.
c.
Respondent shall evaluate brush piles
that are mixed in warm compost piles and other potential problem areas that
constitute immediate fire hazards at the Site.
Any such problematic piles will be immediately processed to eliminate
any fire hazards. Depending on the pile,
Respondent may screen, grind, or perform both on any given pile to alleviate
the fire hazard. Respondent shall
complete the above noted requirements within sixty (60) days of the Effective
Date of this Agreed Order.
d.
Infrastructure Improvements
Respondent shall secure the entrance through fencing, reconnect all utilities,
establish a trailer office, and repair the scale so that it is functional for
business. Telephone, internet, lighting,
and electrical connections will be part of this process. The office will also be provided with bottled
water and heating/air conditioning. A
portable toilet will also be placed near the office trailer for employees. A dumpster for any non-compostable solid
waste materials will be provided for the removal of miscellaneous waste that
has been deposited on Site. Re-grading
and resurfacing of the entrance road at the Site will be completed. Proper entrance and exit signs will be posted
to ensure safe traffic control, including separate areas for commercial and
public access where possible. Signs will
be posted to direct vehicles to unloading areas, to indicate traffic
circulation patterns, and to indicate areas where specific materials, such as
leaves, grass, logs, and other materials, should be unloaded. Additionally, signs will provide information
on the operator of the Site, the hours of operation, emergency contact phone
numbers, and materials that are and are not accepted at the Site. Respondent shall complete the above noted
requirements within sixty (60) days of the Effective Date of this Agreed Order.
e.
Section I - Compost, Dirt and Mulch
Piles
Respondent shall screen, re-stack and consolidate the finished product piles
along the southern perimeter of the Site, just west of the existing gate
entrance. Once this material has been screened, re-staked and consolidated, the
material will be marketed and sold to create additional room for new finished
products that will be generated during the remediation of the Site. Respondent shall complete the above noted
requirements within sixty (60) days of the Effective Date of this Agreed Order.
f.
Section II - Pallets and Dimensional
Lumber
Respondent shall grind the dimensional lumber that lies on the eastern
perimeter of the Site. All treated
lumber will be removed from the pile prior to grinding and disposed of at a
State approved solid waste management facility.
Respondent shall retain documentation of the proper disposal of the
treated lumber and present it to IDEM upon request. Respondent shall complete the above noted
requirements within one hundred and thirty-five (135) days of the Effective
Date of the Agreed Order.
g.
Section III – Logs
Processing Logs into Mulch, Bulking Agent, and/or Cover
Respondent shall grind and screen the logs located on the western perimeter of
the Site. Some of this material will be
added to the finished stockpile areas to the south end of the property for
bulking agents and windrow cover. In addition,
some of this material may be used to construct berms around the perimeter of
the Site. Respondent shall complete the
above noted requirements utilizing all of the material in this area within two
hundred and seventy (270) days of the Effective Date of this Agreed Order.
h.
Section IV – Yard Waste
Screening and Grinding of Yard Waste & Miscellaneous Brush
This area of the Site includes rows of piles that run north and south just west
of where the dimensional lumber piles exist.
Respondent shall grind and windrow this material for composting. Some of this material may be ground and
placed in static piles for curing and used as needed. The majority of this material will be placed
at the northern perimeter of the Site and when ready, moved to finished product
piles on the southern perimeter of the Site.
Respondent shall complete the above requirements utilizing all of the
material in this area within two hundred and twenty-five (225) days of the
Effective Date of this Agreed Order.
i.
Section V - Yard Waste & Logs
Screening and Grinding of Yard Waste & Logs
A series of piles exist within one hundred (100’) feet to two hundred fifty
(250’) feet of the railroad tracks that run on the northern perimeter of the
Site. Respondent shall grind and /or
screen this yard waste and log material and market it for immediate use and
removal from the Site. Due to the
seasonality of the market for mulch and compost, there may be a need to store
some of this screened and ground material on Site in the Finished Product area
near the southern perimeter of the Site.
Respondent shall complete the above noted requirements within three
hundred and sixty (360) days of the Effective Date of this Agreed Order.
6.
Remediation Project Contingency
Plan. Respondent shall upon the Effective
Date of this Agreed Order immediately implement the following requirements:
a. Fire Prevention
Respondent shall provide access to
water for the Site in case of an emergency.
In addition, Respondent shall comply with all fire safety rules, as required
by the Indiana State Fire Marshal.
Respondent shall take the following precautions to minimize the
potential for fire.
1.
No smoking on-site;
2.
Maintain and clean equipment on a
regular basis;
3.
Proper construction and monitoring of
compost piles;
4.
A proper separation or spacing between
piles – “Pile-to-Alley” Relationship;
5.
Develop procedures and train employees
on fire prevention and fire fighting;
6.
Grind brush immediately; and
7.
Incorporate all grass and ground brush
immediately into static piles with at least a 50% moisture content.
b.
Odor Control
Respondent’s composting process uses a combination of techniques to help reduce
odor. Respondent shall control odor at
the Site by ensuring that the compost piles will be kept in an aerobic state. Respondent shall minimize odor by
implementing the following:
1.
Optimal balance of carbon:nitrogen
ratio (30:1);
2.
Combine incoming material with a
bulking agent, such as wood chips, to give the resultant material the proper
porosity and allow oxygen penetration;
3.
Maintain a twelve (12”) inch layer of
wood chips on all static piles as needed;
4.
Turn compost windrows when needed to
keep the porosity high and decrease the bulk density of the composting
material;
5.
Use wood chips as a natural bio-filter
to cover areas with an objectionable odor;
6.
Windrow turning will be done at the end
of the composting cycle to minimize any negative odors;
7.
The composting pad surface will be
maintained so that there will be no ponding of any run-on/run-off around the
static piles or windrows;
8.
The retention pond will be drained and
solids removed and properly disposed as needed to prevent odors; and
9.
If IDEM determines that the above
conditions are not adequately controlling odors, Respondent shall implement
additional requirements, as determined by IDEM, to control odors. These requirements may include, but not be
limited to, the immediate removal and disposal of odor-causing material from
the Site.
c.
Noise Control
Respondent shall abide by any and all City of
1.
Site operations will be limited to the
time period beginning at 7:00 AM and
ending at 7:00 PM;
2.
Grinding operations will take place on
the east and north side of the Site, away from residential structures;
3.
Provide a buffer zone of berms and
vegetation, tall shrubs or trees (hybrid poplars) around the Site’s perimeter
that will lower noise levels;
4.
Install mufflers and noise hoods on all
equipment engines; and
5.
Restrict noise-generating activities
when wind direction and weather conditions are unfavorable.
d.
Dust Control
Respondent shall comply with 326 IAC 6-4-1 (fugitive dust) and, in
addition, control dust at the Site
by keeping the composting material at
the proper moisture content (between 50 and 60 percent) and use of a water
truck, when necessary. Respondent shall
implement the following additional operational procedures to reduce fugitive
dust and provide for worker safety:
1.
Irrigate at the end
of the conveyor of the tub grinder;
2.
Irrigate before
turning windrows;
3.
Irrigate when turning
windrows;
4.
Restrict activities
when the wind direction is unfavorable;
5.
Locate any high dust
activity in a remote area of the Site;
6.
Dampen roads and
areas that generate dust;
7.
Require employees to
use goggles and filter masks; and
8.
Use equipment with an
enclosed operator cab with air conditioning that has a replaceable air filter
system.
7.
Measuring Progress
Respondent shall stake out each of the five (5) sections, noted in Order
Condition No. 5a and on Attachment A, with color coded posts. Respondent shall photograph each section,
creating a baseline of clean-up operations.
At 45 day intervals, starting on the Effective Date of this Agreed Order,
photographs will be taken of each section processed and a progress report
made. The report and digital photographs
will be e-mailed to IDEM. When
applicable, the reports will include yardage totals of material shipped out to
end users. In addition, the report will
also include tonnages of new materials accepted at the site.
8.
Distribution Of Processed Material
Respondent shall remove from the Site 50% of the material processed from the
remediation noted in Order Condition Nos. 5(a) through 5(i) within three
hundred and sixty (360) days of the Effective Date of this Agreed Order. The remaining 50% of the material will be
used as a bulking agent, natural bio-filter, and recipe feed-stock. The following materials will be moved from
the Site on a regular basis as part of various finished products as noted
below:
a.
Section I - Compost, Dirt and Mulch
Piles
100% of finished material will be marketed and removed from the Site within 90
days after completing the processing of the material in this section.
b.
Section II – Pallets and Dimensional
Lumber
50% of this material will be removed from the Site within 60 days after
completing the processing of the material in this section. 50% of this material will be retained and
used as a natural bio-filter.
c.
Section III – Large Logs and Wood Chips
The first 30% of this material will be sold as mulch and removed from the Site
within 90 days of being processed. 50%
of this material will be used as a bulking agent and natural bio-filter with
other feed-stocks. The remaining 20%
will be a combination of the two and removed from the Site as demand requires
or with other finished products.
d.
Section IV - Yard Waste &
Miscellaneous Brush
The first 30% of this material will be ground and windrowed for composting and
will be moved off the Site within 120 days after initial processing. In processing the next 50%, 30% will be
ground and windrowed for composting and 20% will be placed in static piles and
used as needed. The remaining 20% will
be ground and placed in a static pile for curing and removed as needed. In some cases material will be moved from a
static pile to windrows to accelerate the process, as demand requires.
e.
Section V - Yard Waste & Logs
The logs will be ground for mulch (moving off the Site within 60-90 days of
processing), bulking agents, and bio-filter, to be used with incoming
feed-stocks. The yard waste will be
ground and placed in both static piles and windrows and distributed as demand
requires.
9.
Receiving Incoming Materials During
Remediation.
Respondent shall comply with the following requirements while accepting and
processing additional material on-Site during the remediation of the existing
material:
a.
Start time for receiving new
feed-stocks
Respondent may begin accepting and processing the Mill Material and Filtercake
upon the Effective Date of this Agreed Order and IDEM approval of the financial
assurance mechanism required by Order Condition No. 4.
b.
Capacity for receiving new feed-stocks
during clean-up operations
The amount of feed-stock material accepted at the Site will be contingent upon
how much re-graded and resurfaced compost pad space is available, with the
exception of Mill Material and Filtercake which is needed for its nitrogen
content. As each section of the compost
pad is re-graded and resurfaced, Respondent may take in additional feed-stock
materials for composting and processing.
As new windrows and additional feed-stocks are brought into the site,
Respondent shall maintain fire lanes between all windrows and piles.
c.
The Mill Material that is allowed to be
accepted and processed at the Site is from the Cargill corn milling facility
located in
d.
Refinery Mud (bentonite clay)
Waste Water Treatment Sludge (from cleaning and separating corn kernels, corn
steeping and washing systems, dewatered in centrifuge) Mixture (Gluten, Corn
Germ, Corn Starch, Feed); and Feed (corn skins). The Filtercake that is allowed to be accepted
and processed at the Site is from Madison Paper Company located in
e.
Procedure for Receiving Mill Material
and Filtercake
Respondent shall not accept Filtercake at the Site until analytical has been performed on the Filtercake that is
compliant with the requirements of 327 IAC 6.1-4-11. If after the analytical is performed on the
Filtercake and it is determined that the Filtercake does not meet the
requirements of 327 IAC 6.1-4-11(c) for land application, the Respondent shall
not accept the Filtercake at the Site.
The Respondent shall keep the documentation of this analysis on Site and
provide it to IDEM upon request.
Respondent may accept and compost up to seventy-five (75) dry tons per day of
Mill Material and/or Filtercake. The
cumulative total of accepted Mill Material and Filtercake cannot exceed
seventy-five (75) dry tons per day. Mill
Material and Filtercake will be received in the northeast part of the Site,
where most receiving and mixing will take place. All trucks delivering Mill Material and
Filtercake will be scaled prior to dumping loads. Loads will be dumped in specific areas to
keep feed-stocks separate. The Mill
Material and Filtercake will be mixed with various other allowed feed-stocks as
required.
f.
Mixing of Mill Material and Filtercake
with other Feed-Stocks for Composting
Respondent shall mix the Mill Material, which is high in nitrogen content, with
existing and incoming feed-stocks that are high in carbon content. Respondent
shall mix the Filtercake with nitrogenous materials (e.g., Mill Material ,
green grass). In addition, Respondent
shall add bulking agents to the mixtures to control odor and aid in the
composting of the material into a finished product.
g.
Procedure for Mixing
Mixing of feed-stocks with Mill Material and Filtercake will take place at the
receiving and mixing area in the northeast corner of the re-graded and
resurfaced compost pad. At this location
will be several feed-stock piles ready for mixing with Mill Material and
Filtercake. To begin the mixing
procedure, Respondent shall place a layer of wood chips, wood mulch, or other
absorbent material that is capable of absorbing any free liquids that shed out
of the Mill Material or Filtercake.
Next, succeeding thin layers of Mill Material and/or Filtercake and
mixed feed-stocks will be put down until each pile or windrow is about eight
(8’) feet to fifteen (15’) feet tall.
Typically each layer is one (1’) foot to two (2’) feet thick. Once the mix pile has been assembled, the
pile will be mixed with either a windrow turner or a front-end loader. The pile will be thoroughly mixed so that the
Mill Material and/or Filtercake, bulking agent, and carbon feed-stock, as a
combined mixture will look homogenous.
Once mixed, the pile may be pushed up for storage not to exceed
forty-eight (48) hours before being placed in a compost pile or windrow
elsewhere on the Site.
h.
Forming Piles and Windrows
Respondent may compost with both static piles and windrows. Static piles are constructed with a front-end
loader to be as high as the bucket can reach, typically 12-16 feet tall. Some static piles may be covered with a layer
of wood chips to create additional insulation for winter piles or to act as a
bio-filter for piles that receive too much nitrogen. Windrows will also be constructed from time
to time for use by a windrow turner. The
size of such pile will vary by the type of windrow turner used.
i.
Screening, Curing Piles, Finish Product
Piles
Respondent may market any compost in a screened or unscreened fashion. During
the screening process, finished compost is separated from “Overs.” Typically the Overs consist of wood chips or
wood mulch. Respondent shall stockpile
these Overs near the mixing and receiving area of the compost pad and used in
mixing with fresh Mill Material and/or Filtercake. Respondent shall either load finished compost
into trucks for immediate sale, or move the finished compost to an area along
the southern perimeter of the Site.
j.
Utilization of Mill Material and/or
Filtercake Derived Compost
Respondent shall, within sixty (60) days of the Effective Date of this Agreed
Order, submit a complete application for a Marketing and Distribution Permit,
per 327 IAC 6.1-5, for the marketing and sale of compost containing Mill
Material and/or Filtercake. Respondent
shall not market or sell any compost containing Mill Material and/or Filtercake
until Respondent receives from IDEM a Marketing and Distribution Permit.
10.
Upon completion of
the remediation project that is the subject of this Agreed Order, the
Respondent shall operate the Site as detailed in Attachment C, or as noted in
an IDEM solid waste processing facility permit and/or a compost facility
registration. An IDEM solid waste
facility permit supersedes the requirements in Attachment C.
11.
If at anytime IDEM
determines that there is non-compliance with this Agreed Order, other
applicable regulations, IDEM may require
the Respondent to immediately cease bringing/allowing additional material onto
the Site and take immediate corrective action to address the
non-compliance. Respondent agrees to
comply with this Order condition.
12.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
Paul
Higginbotham, Chief
Solid Waste –
UST Section
Office of
Enforcement – Mail Code 60-02
Indiana
Department of Environmental Management
13.
This Agreed Order
shall apply to and be binding upon its successors and assigns. Respondent’s
signatories to this Agreed Order certify that they are fully authorized to
execute this Agreed Order and legally bind the party they represent. No change in ownership, corporate, or
partnership status of Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
14.
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.
15.
Respondent and all
successors and assignees shall be required to include the following clause in
any contract, agreement or understanding to perform work pursuant to this
Agreed Order:
“The Contractor and its successors and assignees understand and agree to be
bound by the obligations and responsibilities of the terms of this Agreed Order
dated __________ (the “Agreed Order”) by and between Westhem International Resources LLC, d/b/a.
Westhem-Lake County Organics (hereinafter “Respondent”) and the Commissioner of
the Indiana Department of Environmental Management (hereinafter
“Complainant”). The Contractor shall
carry out its duties in compliance with the Agreed Order and shall be provided
a copy of the Agreed Order before beginning any work. The Contractor further understands and agrees
that Complainant shall retain all rights, remedies and redress against the
Contractor that Complainant has against Respondent pursuant to terms of the
Agreed Order.
Notwithstanding the preceding paragraph, nothing in this agreement relieves the
Respondent from its obligations and responsibilities under the Agreed Order.”
The Respondent shall insure that all Contractors and any successors or
assignees affirm the preceding clause in writing before the commencement of any
work under this Agreed Order.
16.
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 its obligation to
comply with the requirements of its applicable permit or any applicable
Federal, State or Local laws or regulations.
17.
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.
18.
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 seek additional civil penalties for the violations
specified in the NOV.
19.
Nothing in this
Agreed Order shall prevent IDEM or anyone acting on its behalf from
communicating with the 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 EPA or any other agency or entity.
20.
This Agreed Order
shall remain in effect for a period of three hundred sixty-five (365) days
after the Effective Date of this Agreed Order.
Respondent shall not accept additional mill material and/or filtercake
after this 365 day period, unless the Respondent has received a solid waste
processing facility permit from IDEM that allows for the acceptance and
processing of the mill material and/or filtercake.
|
TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
||||||||
|
Department
of Environmental Management |
|
||||||||
|
|
|
||||||||
|
By:
_________________________ |
By: _________________________ |
||||||||
|
|
Paul
Higginbotham, Chief |
|
|||||||
|
|
Solid Waste
– UST Section |
Printed:
_Steve Duby___________ |
|||||||
|
|
Office of
Enforcement |
||||||||
|
|
Title:___President_____________ |
||||||||
|
|
|
||||||||
|
Date:________________________ |
Date:________________________ |
||||||||
|
|
|
||||||||
|
COUNSEL FOR
COMPLAINANT: |
COUNSEL FOR
RESPONDENT: |
||||||||
|
Department
of Environmental Management |
|
||||||||
|
|
|
||||||||
|
By:_________________________ |
By:________________________ |
||||||||
|
|
Office of
Legal Counsel |
|
|||||||
|
|
|
||||||||
|
Date:_______________________ |
Date:______________________ |
||||||||
|
|
|||||||||
|
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
|||||||||
|
MANAGEMENT THIS |
|
DAY OF |
|
, 200 |
|
. |
|||
|
|
|||||||||
|
|
For the Commissioner: |
||||||||
|
|
|
||||||||
|
|
Signed on June 28th, 2005 |
||||||||
|
|
Matthew T. Klein |
||||||||
|
|
Assistant Commissioner |
||||||||
|
|
for Compliance and Enforcement |
||||||||