|
STATE OF |
) |
|
BEFORE THE INDIANA
DEPARTMENT |
||
|
|
|||||
|
COMMISSIONER OF THE
DEPARTMENT Complainant, v. VERTELLUS AGRICULTURE & NUTRITION SPECIALTIES,
LLC, 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 Vertellus Agriculture & Nutrition Specialties, LLC (Respondent"),
which owns and operates the company with U.S. EPA ID No.
3. IDEM
has jurisdiction over the parties and the subject matter of this action.
4. Pursuant
to IC 13-30-3-3, IDEM issued a Notice of Violation on November 21, 2006 via
Certified Mail to:
|
Mr.
Robert D. McNeeley, President |
Corporation
Service Co., Resident Agent for: |
|
Vertellus
Specialties, Inc. f/k/a |
Vertellus
Specialties, Inc. f/k/a |
|
Reilly
Industries, Inc. |
Reilly
Industries, Inc. |
|
|
|
|
|
|
|
|
|
5. Pursuant
to IC 13-30-3-3, IDEM issued a Notice of Violation on December 11, 2006 via
certified mail to:
|
Mr.
Robert D. McNeeley, Chairman |
|
Vertellus
Agriculture & Nutrition Specialties, LLC |
|
|
|
|
|
Mr.
Timothy J. Zappala |
Corporation
Service Co. |
|
President
and CEO |
Registered
Agent for: |
|
Vertellus
Agriculture & |
Vertellus
Agriculture & |
|
Nutrition
Specialties, LLC |
Nutrition
Specialties, LLC |
|
|
|
|
|
|
6. Pursuant
to IC 13-30-3-3, IDEM issued an Amended Notice of Violation on April 10, 2007 via
certified mail to:
|
Mr.
Timothy J. Zappala |
Corporation
Service Co. |
|
President
and CEO |
Registered
Agent for: |
|
Vertellus
Agriculture & |
Vertellus
Agriculture & |
|
Nutrition
Specialties, LLC |
Nutrition
Specialties, LLC |
|
|
|
|
|
|
7. Respondent
most recently notified the U.S. EPA of Large Quantity Generator and Treatment,
Storage, and Disposal activities on February 22, 2007. At the Site, Respondent manufactures pyridine
and picolines, and specialty pyridine derivatives.
8. Inspections
and/or investigations were conducted on June 27, 28, and 30, August 7, and
November 13, 2006, on or at the Site by representatives of IDEM’s Office of
Land Quality.
9. 329
IAC 3.1 incorporates certain federal hazardous waste management requirements
found in 40 CFR parts 260 through 270 and Part 273, including those identified
below.
10. 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.
During the inspections and investigations conducted by representatives
of IDEM, the following violations were found:
a. Pursuant
to IC 13-30-2-1(1), no person shall discharge, emit, cause, or allow any
contaminant or waste, including any noxious odor, either alone or in
combination with contaminants from other sources, into the environment in
violation of 40 CFR 265.31 and 40 CFR 264.31.
Respondent allowed contaminants and waste into the environment as
follows:
1. An
area of stained gravel was observed beneath a valve in an above-ground line
between Tank 360 and Tank 69. Tank 360
and Tank 69 contain listed hazardous waste.
On December 22, 2005, Respondent notified IDEM of a leak of hazardous waste
from this same above-ground line. In
October of 2006, Respondent obtained a grab sample of the stained gravel, which
was then analyzed by the on-site lab.
The analysis showed no signs of hazardous constituents.
2. An
area of stained gravel was observed below the sample port on Tank 781. Tank 781 contains listed hazardous waste.
The
above violations were noted during the June and August 2006 inspections.
b. Pursuant
to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a
place or manner that creates or would create a pollution hazard that violates
or would violate 40 CFR 265.31 and 40 CFR 264.31. Respondent deposited contaminants and waste
into the environment as follows:
1. An
area of stained gravel was observed beneath a valve in an above-ground line
between Tank 360 and Tank 69. Tank 360
and Tank 69 contain listed hazardous waste.
On December 22, 2005, Respondent notified IDEM of a leak of hazardous
waste from this same above-ground line.
In October of 2006, Respondent obtained a grab sample of the stained
gravel, which was then analyzed by the on-site lab. The analysis showed no signs of hazardous
constituents.
2. An
area of stained gravel was observed below the sample port on Tank 781. Tank 781 contains listed hazardous waste.
3. Pyridine
wet cut was released to the environment on May 17, 2006 following a sudden
structural failure of Tank 65. At the
time of the release, the pyridine wet cut was being pumped to the production
process. In October of 2006, Respondent
obtained a grab sample from the release area, which was then analyzed by the
on-site lab. The analysis showed no
signs of hazardous constituents.
The above violations were noted during the June and August 2006 inspections.
c. Pursuant
to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of
contaminants upon the land, except through the use of sanitary landfills,
incineration, composting, garbage grinding, or another method acceptable to the
solid waste management board. Respondent
caused and/or allowed the deposit of contaminants upon the land in a method
unacceptable to the solid waste management board, as follows:
1. An
April 16, 2006 release of 2-Picoline from a rail car due to an overflow. The 2-Picoline was being shipped to a
customer. The incident report indicated
that the “operator forgot to set the meter pump so that it would not shut off
when it got to a certain volume.” The
release occurred inside the facility.
Respondent reported that the release was immediately cleaned up.
2. An
April 18, 2006 release from a raw material storage tank of 277 gallons of
sulfuric acid due to a drain valve not being secured in the closed position
after maintenance activities were completed. Respondent reported that the
release was cleaned up.
3. An
April 3, 2005 spill of 200 gallons of a pyridine intermediate production
material in the Base-Stills Area. The
clean up resulted in the generation of 18,160 pounds of contaminated soil and
gravel.
4. An
area of stained gravel was observed beneath a valve in an above-ground line
between Tank 360 and Tank 69. Tank 360
and Tank 69 contain listed hazardous waste.
On December 22, 2005, Respondent notified IDEM of a leak of hazardous
waste from this same above-ground line.
In October of 2006, Respondent obtained a grab sample of the stained
gravel, which was then analyzed by the on-site lab. The analysis showed no signs of hazardous
constituents.
5. An
area of stained gravel was observed below Tank 528. Tank 528 stores anhydrous ammonia, a raw
material. In October of 2006, Respondent
obtained a grab sample of the stained gravel, which was then analyzed by the
on-site lab. The analysis showed no
signs of hazardous constituents.
6. An
area of stained gravel was observed below the sample port on Tank 781. Tank 781 contains listed hazardous waste.
7. Pyridine
wet cut was released to the environment on May 17, 2006 following a sudden
structural failure of Tank 65. At the
time of the release, the pyridine wet cut was being pumped to the production
process. In October of 2006, Respondent
obtained a grab sample from the release area, which was then analyzed by the
on-site lab. The analysis showed no
signs of hazardous constituents.
The
above violations were noted during the June and August 2006 inspections.
d. Pursuant
to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31 and 40 CFR 264.31, facilities
must be maintained and operated to minimize the possibility of a fire,
explosion, or any unplanned sudden or non-sudden release of hazardous waste or
hazardous waste constituents to the air, soil, or surface water, which could
threaten human health or the environment.
Respondent has failed to maintain and operate the facility in a manner
which minimizes the possibility of a fire, explosion, or any unplanned sudden
or non-sudden release of hazardous waste or hazardous waste constituents, as
evidenced by the following:
1. An
area of stained gravel was observed beneath a valve in an above-ground line
between Tank 360 and Tank 69. Tank 360
and Tank 69 contain listed hazardous waste.
On December 22, 2005, Respondent notified IDEM of a leak of hazardous
waste from this same above-ground line.
In October of 2006, Respondent obtained a grab sample of the stained
gravel, which was then analyzed by the on-site lab. The analysis showed no signs of hazardous
constituents.
2. An
area of stained gravel was observed below the sample port on Tank 781. Tank 781 contains listed hazardous waste.
3. Pyridine
wet cut was released to the environment on May 17, 2006 following a sudden
structural failure of Tank 65. At the
time of the release, the pyridine wet cut was being pumped to the production
process. In October of 2006, Respondent
obtained a grab sample from the release area, which was then analyzed by the
on-site lab. The analysis showed no
signs of hazardous constituents.
The
above violations were observed during the June and August 2006 inspections.
e. Pursuant
to 40 CFR 270.1(c), RCRA requires a permit for the treatment, storage, and
disposal of any hazardous waste identified or listed in 40 CFR Part 261. Respondent stored seven drums of hazardous
waste identified or listed in 40 CFR Part 261 on a lined concrete pad in the
Container Storage Area for more than 90 days.
The seven drums were labeled “Fractank” and dated March 23, 2006. This violation was observed during the June
2006 inspections. In accordance with 40
CFR 262.34(b), Respondent could have requested a 30-day extension of the 90-day
storage period but Respondent did not request an extension. The drums were shipped off-site for disposal
on June 29, 2006, seven days after the 90-day storage period ended.
f. Pursuant
to IC 13-30-2-1(10) a person may not commence or engage in the operation of a
hazardous waste facility without having first obtained a permit from the
department. Respondent operated as a
storage facility when it stored the seven drums of hazardous waste described in
Paragraph 10.e, in the Container Storage Area for more than 90 days. This violation was observed during the June
2006 inspections.
g. Pursuant
to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or
operator of a hazardous waste facility must notify the Commissioner of its
hazardous waste activity on the approved forms. Respondent failed to notify the Commissioner
of hazardous waste storage activities when it stored the seven drums of
hazardous waste described in Paragraph 10.e, in the Container Storage Area for
more than 90 days. This violation was
observed during the June 2006 inspections.
h. Pursuant
to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than
90 days is an operator of a storage facility and is subject to the requirements
of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270. Respondent operated a storage facility when
it stored the seven drums of hazardous waste described in Paragraph 10.e in the
Container Storage Area for more than 90 days, but did not comply with the
requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270. This violation was observed during the June
2006 inspections.
i. Pursuant
to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for
90 days or less without a permit, provided that the date when the accumulation
begins is clearly marked and visible for inspection on each container. Respondent failed to clearly mark
accumulation start dates on several drums located in the Container Storage
Area. These violations were observed
during the June and August 2006 inspections.
j. Pursuant
to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for
90 days or less without a permit, provided that containers are marked with the
words “Hazardous Waste.” Respondent
failed to clearly mark or label all hazardous waste containers with the words
“Hazardous Waste.” These violations were
observed during the June and August 2006 inspections.
k. Pursuant
to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding
hazardous waste must always be closed during storage, unless necessary to add
or remove waste. During the August 7,
2006 inspection, the inspector observed two 5-gallon satellite accumulation
containers stored open when waste was not being added or removed.
l. Pursuant
to Permit Condition IV.B and Appendix 2 referencing 40 CFR 264.1084(c)(3), whenever hazardous waste is
in a permitted tank, the fixed roof shall be installed with each closure device
secured in a closed position. Respondent
failed to keep the manway cover on Tank 65 closed. This violation was observed during the June
and August 2006 inspections. Respondent
indicated that Tank 65 was empty, but the inspector detected a strong odor from
the tank. The manway cover remained open
for at least two days of the June 2006 inspection.
m. Pursuant
to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193(b), secondary containment
systems must be operated to prevent migration of wastes and must be capable of
detecting and collecting releases.
Respondent did not properly operate the secondary containment system for
Tank System 368. The sealant/liner was
peeling and cracked in several areas. On
June 9th, Respondent requested from a contractor a quote to repair
and maintain the pad for Tank 368. On
June 27, 2006, Respondent hired a contractor to perform repairs and maintenance
on the pad for Tank 368. This violation
was observed during the June 2006 inspections.
n. Pursuant
to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195(a)(2) and (c), a
generator must inspect tank systems once each operating day. Respondent did not conduct the required daily
inspections of the above- ground hazardous waste lines running from the
generator tanks to the hazardous waste fuel tanks managed in Plant 29. The inspector observed this violation during
the June and August 2006 inspections.
o. Pursuant
to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195(c), a generator must
document daily inspections in the facility operating record. Respondent failed to document daily
inspections of the above ground hazardous waste lines running from the
generator tanks to the hazardous waste fuel tanks managed in Plant 29.
p. Pursuant
to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.196(a), (b), and (e), a tank
system or secondary containment system from which there has been a leak or
spill or which is otherwise unfit to use, must be removed from service
immediately and certain requirements met before it may be returned to
service. A leak or spill of hazardous
waste that is less than or equal to a quantity of one pound and that is
immediately contained and cleaned up is exempt from the reporting
requirements. During the June 28, 2006
inspection, the inspector observed a release of hazardous waste from Tank 368
into the secondary containment system.
Respondent failed to immediately address this release.
q. Pursuant
to Permit Condition I.D.11 and 40 CFR 270.40(b), a change of ownership requires
a facility to submit a revised permit application no later than 90 days prior
to the scheduled change. Respondent
failed to submit the required revised permit application in a timely
fashion. By letter dated September 29,
2006, Respondent notified IDEM of its July 10, 2006 name change and of a
planned October 1, 2006 change in ownership.
Respondent submitted the required revised permit application on October
6, 2006. However, Respondent underwent a
change in ownership on or about October 4, 2005. This violation was observed during the
November 13, 2006 investigation.
11. At the
time of the June 2006 inspections, Respondent had wastes stored in the
hazardous waste Container Storage Area from at least 26 spills, releases,
leaks, and clean-ups generated over the prior three months. The spills, releases, and leaks, and the
subsequent clean-ups, resulted in the generation of approximately 255
fifty-five (55) gallon drums, of which at least 118 were hazardous waste.
12. Respondent’s
2005 Biennial Report indicated that 49,456 pounds of hazardous waste generated
from incidental spills and leaks had been manifested to Treatment, Storage, and
Disposal Facilities.
13. IDEM’s
Emergency Response Section’s database included information on the following spills reported in 2006:
a. 15,000
pounds of 2 picoline spilled during rail car loading on April 16, 2006.
b. 277
gallons of sulfuric acid spilled into Tank 508’s secondary containment on April
18, 2006.
c. An
unknown amount of hazardous waste spilled from Tank 65 on May 17, 2006.
d. 139
pounds of a benzene mix spilled from Tank 236 on June 5, 2006.
14. The
inspector identified the following releases/spills during record reviews.
a. Two
hundred gallons of pyridine intermediate production material from the
Base/Stills area on April 3, 2005, the cleanup of which resulted in 18,160
pounds of hazardous waste.
b. Five
gallons of spent solvent from the Tank 360/2969 line on December 22, 2005.
15. During
the June 2006 inspections, the inspector observed the following
discolored/streaked walls on tanks:
a. Tank
60 in Plant 27.
b. Tank
606 in Plant 26.
c. Tank
535 in Plant 38.
16. During
the June 2006 inspections, the inspector observed the following signs of
spills/releases of hazardous waste:
a. Stained
gravel below Tank 781 piping.
b. Stained
gravel below hazardous waste piping for the Tank 360/2929 transfer line.
c. A
release in Tank 368’s secondary containment system.
d. A
taped-off area and spillage in Plant 48, identified by facility representatives
as heat transfer oil.
17. 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 the Complainant or his delegate, and has been received by
Respondent. This Agreed Order shall have
no force or effect until the Effective Date.
2. Upon
the Effective Date of this Agreed Order, Respondent shall comply with IC
13-30-2-1(1).
3. Upon
the Effective Date of this Agreed Order, Respondent shall comply with IC
13-30-2-1(3).
4. Upon
the Effective Date of this Agreed Order, Respondent shall comply with IC
13-30-2-1(4).
5. Upon
the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR
262.34(a)(4) referencing 40 CFR 265.31.
Specifically, Respondent shall maintain and operate the facility to
minimize the possibility of a fire, explosion, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to the
air, soil, or surface water.
6. Within
ninety (90) days of the Effective Date of this Agreed Order, Respondent shall
submit to IDEM a detailed plan for reducing the frequency of spills, releases,
and leaks at the facility. This plan
shall include:
a. an
explanation of the reasons for the numerous spills, releases, and leaks at the
facility;
b. the
measures that will be implemented to prevent/limit the frequency of spills,
releases, and leaks; and
c. the
method Respondent shall use to evaluate compliance with the plan.
7. Within
one hundred eighty (180) days of the Effective Date of this Agreed Order,
Respondent shall submit to IDEM a report evaluating the effectiveness of the
plan. The report shall identify spills, releases, and leaks, and their causes.
The report shall also identify corrective measures implemented in response to
spills, releases, and leaks.
8. Upon
the Effective Date of this Agreed Order, Respondent, as a Large Quantity
Generator of hazardous waste, shall not store hazardous waste in the Container
Storage area in excess of 90 days.
9. Upon
the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR
262.34(a)(2). Specifically, Respondent
shall ensure that all containers of hazardous waste are clearly marked with
accumulation start dates.
10. Upon
the Effective Date of this Agreed Order, Respondent shall ensure that all
containers of hazardous waste are properly labeled.
11. Upon
the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR
262.34(c)(1)(i) referencing 40 CFR 265.173(a).
Specifically, Respondent shall ensure that all containers of hazardous
waste are closed during accumulation unless open to add or remove waste or to
sample or otherwise determine the contents of the container.
12. Upon
the Effective Date of this Agreed Order, Respondent shall comply with Permit
Condition IV.B and Appendix 2 referencing 40 CFR 264.1084(c)(3). Specifically, Respondent shall ensure that
the manway device on Tank 65 is secured in a closed position when the tank is
in service and the exceptions listed in 40 CFR 264.1084(c)(3) are not
applicable.
13. Within
seven (7) days of the date that Tank 65 is returned to service, Respondent
shall submit to IDEM documentation that the manway device has been
secured. This documentation shall
include the date of compliance.
14. Within
sixty (60) days of the Effective Date of this Agreed Order, Respondent shall
comply with Permit Condition III.G.1 and Attachment D referencing 40 CFR
264.193(e)(3)(ii). Specifically,
Respondent shall repair Tank 65 before it is returned to service.
15. Within
seven (7) days of the date that Tank 65 is returned to service, Respondent
shall submit to IDEM Tank 65’s integrity assessment, which is required for any
tank undergoing major repairs, in accordance with 40 CFR 264.196(f).
16. Within
thirty (30) days of the Effective Date of this Agreed Order, Respondent shall
comply with 40 CFR 265.193(b).
Specifically, Respondent shall submit to IDEM documentation that the
secondary containment system for Tank 368 has been repaired.
17. Upon
the Effective Date of this Agreed Order, Respondent shall comply with 40 CFR
265.195(a)(2) and (c). Specifically,
Respondent shall conduct and document the required daily inspections of the
above-ground hazardous waste lines running from the generator tanks to the
hazardous waste fuel tanks managed in Plant 29.
18. Upon
the Effective Date of this Agreed Order, Respondent shall ensure that it
complies with 40 CFR 265.196(a), (b), and (e), whenever there has been a leak
or spill from a hazardous waste tank system or secondary containment.
19. All
submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
|
Aubrey
N. Sherif |
|
Senior
Environmental Manager |
|
Office
of Enforcement Mail Code 60-02 |
|
Indiana
Department of Environmental Management |
|
|
|
|
20. Respondent
is assessed a civil penalty of Forty-Nine Thousand Dollars ($49,000). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date. In the event that the
civil penalty is not paid within thirty (30) days of the Effective Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty
is paid in full.
21. In the
event the terms and conditions of the following paragraphs are violated, the
Complainant may assess and the Respondent shall pay a stipulated penalty in the
following amount:
|
Violation Penalty
|
|
Failure
to comply with Order paragraph 6 $500 per week |
|
Failure
to comply with Order paragraph 7 $500 per week |
|
Failure
to comply with Order paragraph 15 $500 per week |
|
Failure
to comply with Order paragraph 16 $500 per week |
22. Stipulated
penalties shall be due and payable within thirty (30) days after Respondent
receives written notice that Complainant has determined a stipulated penalty is
due. Assessment and payment of
stipulated penalties shall not preclude Complainant from seeking any additional
relief against Respondent for violation of this Agreed Order. In lieu of any of the stipulated penalties
given above, Complainant may seek any other remedies or sanctions available by
virtue of Respondent’s violation of this Agreed Order or Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
23. Civil
and stipulated penalties are payable by check to the “Environmental Management
Special Fund.” Checks shall include the
Case Number of this action and shall be mailed to:
|
Indiana
Department of Environmental Management |
|
Cashier’s
Office Mail Code 50-10C |
|
|
|
|
24. This
Agreed Order shall apply to and be binding upon Respondent, its successors and
assigns. Respondent's signatories to
this Agreed Order certify that they are fully authorized to execute this
document 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.
25. In the
event that any terms of the 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 the Agreed Order did not contain the invalid terms.
26. Respondent
shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors,
firms and other persons performing work under this Agreed Order comply with the
terms of this Agreed Order.
27. 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 permits or any
applicable Federal or State law or regulation.
28. 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.
29. 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, and hereby waives its right to, seek additional civil penalties
for the same violations specified in the NOV.
30. 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.
31. This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
|
TECHNICAL RECOMMENDATION: |
|
RESPONDENT: |
|||||
|
Department of Environmental Management |
|
|
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
Nancy
L. Johnston |
|
Printed: |
|
|||
|
|
Section
Chief |
|
Title: |
|
|||
|
|
Office of Enforcement |
|
|
|
|||
|
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
|
|
|
|||||
|
COUNSEL FOR COMPLAINANT: |
|
COUNSEL FOR RESPONDENT: |
|||||
|
For the Department of Environmental Management |
|
|
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
|
|
|
|
|||
|
|
Deputy Attorney General |
|
|
|
|||
|
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
|||||||
|
MANAGEMENT THIS |
|
DAY
OF |
|
, 2007. |
|||
|
|
|||||||
|
|
For the Commissioner: |
||||||
|
|
|
||||||
|
|
Signed on October 4, 2007 |
||||||
|
|
Robert B. Keene |
||||||
|
|
Assistant Commissioner |
||||||
|
|
Office of Legal Counsel and Enforcement |
||||||