STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

COUNTY LINE LANDFILL PARTNERSHIP,

Respondent.

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Case No. 2007-16655-S

 

 

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 Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.                  Respondent is County Line Landfill Partnership, which owns and operates the property located at 7922 North Old U.S. Highway 31, Argos, Fulton County, Indiana, Solid Waste Permit FP 25-03, County Line Landfill (“the Site”).

 

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 May 11, 2007,  via Certified Mail to:

 

Allied Waste Industries of Indiana, Inc.

CT Corporation System

Tony Zona

36 S. Pennsylvania St.

7922 North Old U.S. Highway 21

Suite 700

Argos, Indiana  46501

Indianapolis, IN  46204

 

5.                  During investigations conducted by a representative of IDEM on May 30, 2006; June 5, 2006; July 24, 2006;  September 14, 2006; September 27, 2006 and November 2, 2006  the following violations were found:

 

a.         Pursuant to 329 IAC 10-20-18(b), and Solid Waste Permit FP 25-03, any leachate on the surface of the municipal solid waste landfill must be immediately managed or controlled.

Respondent caused and/or allowed surface leachate to accumulate at the Site. The leachate was not immediately managed or controlled in violation of 329 IAC 10-20-18(b).

 

b.         Pursuant to 329 IAC 10-20-4(c), and Solid Waste Permit FP 25-03 requires that dust must be controlled by effective means so that it does not constitute or contribute to a nuisance, a health hazard, or a safety hazard.

Respondent caused and/or allowed dust on site that created a hazard and was not controlled by water trucks in violation of 329 IAC 10-20-4(c) and Solid Waste Permit FP 25-03.

 

c.         Pursuant to 329 IAC 10-13-4(c) and Solid Waste Permit FP 25-03, the permittee shall construct and operate a solid waste land disposal facility in accordance with the permit.  The owner, operator, and permittee are equally responsible for complying with conditions of the permit, the regulations, and the statutes.   Permit requirement 3.0 states, “If any nuisance or pollution conditions are created at this facility, the operator shall take immediate corrective action.”

Respondent caused and/or allowed nuisance or pollution conditions at the facility in the form of leachate and odor that were not immediately corrected, in violation of 329 IAC 10-13-4(c) and Solid Waste Permit FP 25-03.

 

d.         Pursuant to 329 IAC 10-20-4(h), the owner, operator or permittee of all solid waste land disposal facilities shall not cause or allow the storage, containment, processing or disposal of solid waste in a manner that creates a threat to human health or the environment, including the creation of air or water pollution.

Respondent caused and/or allowed solid waste to be stored in a manner that led to the creation of air pollution in the form of odor, in violation of 329 IAC 10-20-4(h).

 

e.         Pursuant to Solid Waste Facility Permit FP 25-03 Permit Requirements 19.0, the facility shall be operated and maintained as described in the application to avoid creating a public nuisance by controlling, at a minimum; blowing materials (compost), vectors, litter, odors and fire.

Respondent caused and/or allowed a public nuisance to be created in the form of odor, in violation of Solid Waste Facility Permit FP 25-03 Permit Requirement 19.0.

 

6.         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 329 IAC 10-20-18(b), 329 IAC 10-20-4(c), IAC 329 IAC 10-13-4(c), 329 IAC 10-20-4(h) and Solid Waste Permit FP 25-03 Permit Requirement 19.0.

 

3.                  Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall submit a report detailing actions taken to control surface leachate at the Site.

 

4.                  Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall submit a report detailing actions taken to control dust so that it does not constitute or contribute to a nuisance, a health hazard, or a safety hazard.

 

5.                  Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall submit a report detailing actions taken to control the source of odor on Site.

 

6.                  All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Jason Palin, Enforcement Case Manager

Office of Enforcement – Mail Code 60-02

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

7.                  Respondent is assessed a civil penalty of Forty Thousand Dollars ($40,000).  Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Eight Thousand Dollars ($8,000).  Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project (“SEP”). Respondent estimates that this SEP will cost Sixty-Four Thousand Dollars ($64,000).  Within thirty (30) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP.  In the event that the cost of the SEP is less than Sixty-Four Thousand Dollars ($64,000), Respondent shall pay Fifty Percent of the difference between the proposed cost of the SEP and the actual cost of the SEP.

 

8.                  As a Supplemental Environmental Project, Respondent shall undertake the beginning phase of a restoration project at the Fulton County Landfill.  Respondent shall complete the following tasks:  Compilation of Well Logs & Presentation of Geological Information, Development of Topographic map, Assessment of Cover-Soil Thickness and Texture, Laboratory Testing of Cover Soil, Ground-Water Quality Screening, Methane Gas Screening and Data Analysis and Reporting (as stated in Respondent’s submitted SEP proposal), by no later than 365 days after the Effective Date of this Agreed Order.   Implementation of this SEP will assist in restoring the Fulton County Landfill to a usable piece of land which will benefit the surrounding community.

 

9.         In the event that Respondent does not complete the SEP within the stated 365 days, the full amount of the civil penalty as stated in paragraph seven (7) above, plus interest established by IC 24-4.6-1-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM’s notice to pay.  Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

 

10.       In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

 

Paragraph
Failure to comply with Order Paragraphs numbered 3, 4, and 5.

Penalty
$100 per week the documentation is late

 

 

 

11.       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 set out 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.

 

12.       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 – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

13.       This Agreed Order shall apply to and be binding upon Respondent and 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 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.

 

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 or State law or regulation.

 

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, and hereby waives its right to, seek additional civil penalties for the same 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 until Respondent has complied with all terms and conditions of this Agreed Order.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Janet Arnold, Chief

 

Printed:

 

 

Office of Enforcement

 

Title:

 

 

 

 

 

 

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

 

, 2008.

 

 

For the Commissioner:

 

 

 

Signed on January 18, 2008

 

Robert B. Keene

 

Assistant Commissioner

 

Office of Legal Counsel and Enforcement