STATE OF INDIANA

)

SS:

BEFORE THE INDIANA DEPARTMENT OF

 

)

 

 

COUNTY OF MARION

)

 

ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

)

 

OF ENVIRONMENTAL MANAGEMENT,

 

)

 

 

 

)

 

Complainant,

 

)

 

 

 

)

 

 

v.

 

)

Case No. 2011-20561-H

 

 

)

2012-21190-H

HERITAGE-CRYSTAL CLEAN, 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 Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.            Respondent is Heritage-Crystal Clean, LLC (“Respondent”), which owns and/or operates a facility with United States Environmental Protection Agency (EPA) ID No. INR000006536, located at 3970 W. 10th Street in Indianapolis, Marion County, Indiana (“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 (NOV) via Certified Mail to:

 

Ms. Catherine McCord

Mr. Thomas L. Mattix, Registered Agent for

Heritage-Crystal Clean, LLC

Heritage-Crystal Clean, LLC

2175 Point Boulevard, Suite 375

5400 W. 86th Street

Elgin, IL 60123

Indianapolis, IN 46268

 

5.            Respondent waives issuance of a Notice of Violation and to the settlement period of sixty (60) days for violations discovered during the September 14, 17, 18 and October 4, 2012 inspections, as provide for by IC 13-30-3-3.

 

6.            Respondent owns and/or operates Heritage-Crystal Clean, LLC with EPA I.D. number INR 000 006 536, located at 3970 W. 10th Street, in Indianapolis, Marion County, Indiana (the Site”).

 

7.            Respondent last notified the U.S. EPA and IDEM as a large quantity hazardous waste generator, hazardous waste transfer facility, and a used oil processor on May 1, 2008.

 

8.            Respondent provides parts cleaning and hazardous and non-hazardous waste services to both the manufacturing and automotive service sectors.  Service programs include parts cleaning, containerized waste management, used oil collection and vacuum truck services.

 

9.            On March 27, 2012, IDEM issued a Notice of Violation to Respondent alleging that Respondent violated certain provisions of the hazardous waste and used oil regulations pertaining to the storage, handling, and shipment of waste materials. On June 15, 2012, Respondent provided a response which provided contentions regarding the violations.

 

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.  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.

 

11.         Respondent has moved hazardous waste transfer activities to 1560 W. Raymond Street, Indianapolis, IN.

 

12.         329 IAC 3.1 incorporates certain federal hazardous waste management requirements found in 40 CFR Parts 260 through 270, and Part 273 including these identified below.

 

13.         During an investigation, including inspections on October 20, 21, 26 and November 17, 2011, conducted by a representative of IDEM, IDEM notified Respondent that it had identified a number of violations.  These violations include the following items:

 

a.         Pursuant to 40 CFR 264.76, the owner or operator of a facility that accepts for treatment, storage or disposal any hazardous waste from an off-site source without an accompanying hazardous waste manifest must prepare and submit an unmanifested waste report to IDEM within fifteen (15) days after receiving the waste.

 

Respondent accepted approximately thirty-two (32) fifty-five (55) gallon containers of hazardous waste without a manifest.

 

b.            Pursuant to 40 CFR 263.12, a transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of 40 CFR 262.30 at a transfer facility for a period of ten (10) days or less is not subject to regulation under parts 270, 264, 265, and 268 of this chapter with respect to the storage of those wastes.

 

As noted during the investigation, Respondent stored three (3) drums of hazardous waste, located at the upper warehouse area and thirty-two (32) fifty-five (55) gallon containers of hazardous waste, the majority stored in a trailer docked at the building, for greater than ten (10) days and therefore is subject to regulation under parts 270, 264, 265, and 268 of this chapter with respect to the storage of those wastes.  Respondent refers to the drums located on the trailer as “Stop” drums.  “Stop” drums are containers that are received without manifests or shipping papers. 

 

c.            Pursuant to 40 CFR 270.1(c), a permit is required for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.

 

As noted during the investigation, Respondent accepted hazardous waste without a manifest and stored hazardous waste as identified or listed in 40 CFR Part 261 without a permit. See Finding 13.b. above.

 

d.            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.

 

As noted during the investigation, Respondent operated a hazardous waste storage facility without having first obtained a permit from the department.  See Items 13.b. above.

 

e.         Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition.

 

As noted during the investigation, Respondent stored hazardous waste in a container that was not in good condition.  Specifically, one (1) fifty-five (55) gallon container of hazardous waste located in the “Stop” truck trailer was bulging. This bulging container of hazardous waste was promptly overpacked prior to the completion of the October 20, 2011 inspection.

 

Respondent contends that the container was not bulging when its employees had earlier inspected containers in the trailer.

 

f.          Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of hazardous waste in containers at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the containers are marked with either the words "Hazardous Waste" or with other words describing the contents.

 

As noted during the investigation, Respondent accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark satellite accumulation containers with either the words “Hazardous Waste” or with other words describing the contents.  Specifically, Respondent did not label or mark a five (5) gallon satellite laboratory solvent waste container with the words “Hazardous Waste” or other words describing the contents.  This was corrected during the inspection.  Respondent also had two (2) four (4) ounce containers of waste kerosene accumulating in a forty (40) gallon solid waste container which was not properly labeled with the words “Hazardous Waste” or other words describing the contents.  The two (2) four (4) ounce containers of waste kerosene were taken out of the solid waste container during the October 11, 2011 inspection and subsequent to the inspections managed has a hazardous waste.

 

Respondent has addressed the matter.

 

g.         Pursuant to 262.20(a)(1), a generator who transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, must prepare a Manifest (OMB Control number 2050–0039) on EPA Form 8700–22, and, if necessary, EPA Form 8700–22A, according to the instructions included in the appendix to this part.  The generator who sends the hazardous waste off-site must ensure that manifests are fully filled out and contain accurate information.

 

As noted during the investigation, Respondent offered hazardous waste for transportation for offsite treatment, storage, or disposal using an EPA Identification number that is not the generator’s EPA Identification number.  Specifically, Respondent used their Illinois EPA Identification number (ILR000130062) rather than the actual generator, Respondent, EPA Identification number (INR000006536).

 

Respondent contends that in situations where it knew the identity of the generator, it used that information to prepare the shipping documents.  Where such information was not available, Respondent used its transporter I.D. to reflect the fact that it acted as the transporter, not the generator, of the material.

 

h.         Pursuant to 329 IAC 3.1-16-2(4), a small quantity handler of universal waste must properly label or mark the type of universal waste.  Specifically, each lamp or a container or package in which such lamps are contained must be labeled or marked clearly with the phrase “Universal Waste lamp(s)” or “Waste-Lamp(s)” or “Used Lamp(s)” or with other words that accurately identify the universal waste lamps.

 

As noted during the investigation, Respondent did not properly label or mark one (1) four (4) foot box of used fluorescent lamps with “Universal Waste Lamps” or “Waste- Lamps” or “Used Lamps” or other words that accurately identify the universal waste lamps.  This was corrected prior to the October 26, 2011 site visit.

 

Respondent has addressed the matter.

 

i.          Pursuant to 40 CFR 273.13(d)(1), a small quantity handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps.  Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

 

As noted during the investigation, Respondent did not properly close one (1) four (4) foot box of used fluorescent lamps. This was corrected prior to the October 26, 2011 site visit.

 

j.          Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.”

 

As noted during the investigation, Respondent did not label used oil tanks and a container with the words “Used Oil.”  Specifically, Respondent did not label used oil tanks 21, 22, 23 and 24 and one (1) fifty-five (55) gallon container of used oil located at the rail car pump station with the words “Used Oil”.

 

Respondent has addressed this matter and labeled the tanks in question.

 

k.         Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to 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 any form that causes or would cause pollution that violates or would violate 329 IAC 10-4-2, a rule adopted by the board under the environmental management laws.

 

As noted during the investigation, releases occurred from the rail car load/unloading area.  Specifically, an open valve was observed on the east end of the containment area allowing liquid contents of the diked area to run out of the open valve onto the area immediately outside the containment area.  Visible discoloration was observed under the open valve.  A release of grease and oils to the ground occurred from two (2) portable pumps located on a cart on the east end of the rail car pumping area.

 

The spills in question resulted from equipment failure and operator error.

 

Respondent cleaned up the spills shortly after they occurred.

 

14.       During an investigation, including inspections conducted on September 14, 17, 18 and October 4, 2012, IDEM notified Respondent that it had identified a number of violations.  These violations included the following items:

 

a.         Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, 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 air, soil, or surface water which could threaten human health or the environment.

 

As noted during the inspections, Respondent failed to properly manage releases of spent caustic (D002) to minimize a release to the environment.  Specifically, releases of spent caustic (sodium hydroxide/sodium sulfide) D002 have occurred on three separate occasions in 2012: (1) 200 gallons on 3/28/2012; (2) 3000 gallons on 5/8/2012; (3) 1500 gallons on 08/25/2012.  These releases occurred due to human error and/or faulty equipment.

 

Respondent contained the release and had a hazardous waste emergency response company assist in the cleanup.  Respondent initiated the response immediately after the release.

 

b.         Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, the content of the contingency plan must include the following: a description of appropriate actions, arrangements with local emergency response teams, contact information for the emergency coordinators, emergency equipment, and an evacuation plan.

 

As noted during a record review, the contingency plan (Plan) did not include the names of current personnel qualified to act as facility emergency coordinators.  The Plan also did not include the emergency coordinators home addresses and telephone numbers. In addition, the Plan did not describe any arrangements agreed to with State and local emergency response teams (i.e. IDEM Emergency Response Section and the Marion County Health Department).

 

Respondent contends that the refinery manager has recently left the company.  The alternate emergency contact information was correct.  The telephone number used by former refinery manager rolled to the Vice President of Operations phone.  The Vice President of Operations is the currently acting manager of the refinery.  Upon discovery, the contingency plan contact sheet was immediately updated.  The primary emergency contact for all events is CHEMTREC.  This number is programmed into all company telephones and has never changed.  A call into CHEMTREC is done prior to calling any emergency contact.  The proper facility personnel are alerted to an issue by the call into CHEMTREC.

 

c.         Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.56, whenever there is an imminent or actual emergency situation, the emergency coordinator must immediately implement the emergency items described in 40 CFR 265.56(a) through (j).

 

As noted during the inspections, Respondent failed to submit a written report to the Commissioner within fifteen (15) days after implementing the facility hazardous waste contingency plan.

 

Specifically, the facility implemented the hazardous waste contingency plan on March 28, 2012, May 8, 2012 and August 25, 2012 and did not submit reports regarding the incidents as required.  The released material is spent caustic (Incident Report Nos. 12-003, 12-008 and 12-013).  The spent caustic material is being recycled by being used or reused has an effective substitute for a commercial product.  Once the spent caustic cannot be used has an effective substitute for a commercial product it is a hazardous waste (D002).

 

Respondent contends 40 CFR 262.34(a)(4) applies to the storage of hazardous waste, the large quantity generator waste that the facility generates. The material that overflowed the tanker was used caustic going off-site as a product.  Prior to the release, the caustic was not spent.  Some of the spilled caustic was recovered and placed back into the used caustic tank.  Material on the ground was neutralized and collected. The used caustic was not a hazardous waste prior to the spill.   IDEM was notified via telephone of the releases.   Written information was provided to Marion County via email in response to their inquiries.

 

c.            Pursuant to 329 IAC 13-7-3(b)(2), owners and operators of used oil processors and re-refiners facilities must have a contingency plan containing a description of appropriate actions facility personnel must take in response to fires, explosions, or any unplanned sudden or nonsudden release of used oil to air, soil, or surface water at the facility. The plan shall include arrangements with local emergency response teams, contact information for the emergency coordinators, emergency equipment, and an evacuation plan.

 

As noted during a record review, the used oil contingency plan (Plan) did not include the names of current personnel qualified to act as facility emergency coordinators.  The Plan also did not include the emergency coordinators home addresses and telephone numbers. In addition, the Plan did not describe any arrangements agreed to with State and local emergency response teams (i.e. IDEM Emergency Response Section and the Marion County Health Department).

 

Respondent contends that one of the emergency coordinator’s names was not up to date, but the phone numbers were correct.   Arrangements have been made with local emergency agencies.  Respondent’s facility has been used for training of local and state emergency personnel.  Respondent has documentation that the contingency plan has been distributed to emergency agencies. Respondent will revise its contingency plan to more clearly state the arrangements that are in place with emergency agencies.

 

d.            Pursuant to 329 IAC 13-7-3(a)(1), owners and operators of used oil processors and re-refiners facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned, sudden, or nonsudden release of used oil to air, soil, or surface water that could threaten human health or the environment.

 

As noted during the inspections, a release of used oil occurred from a fitting on the E500 feed effluent interchanger for the hydrotreater.  The release resulted in a fire.  A Respondent representative indicated that the release occurred due to a stud being worn out or the studs not being strong enough.

 

Respondent has automated fire suppression system (foam and water cannon) to respond in case a fire, explosion, or any unplanned release occurs.

 

15.       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 statutes and rules listed in the findings above.

 

3.            Within thirty (30) days of the Effective Date, Respondent shall submit documentation to IDEM detailing the steps taken at the site to minimize the possibility of a recurrence of hazardous waste being accumulated at the Site for greater than the timeframes allowed in 40 CFR 263.12, i.e. 10 days for a transfer facility.  This documentation shall include the standard operating procedures in the future for the handling of what the Respondent refers to as “Stop” drums.

 

4.            Within thirty (30) days of the Effective Date, Respondent shall scrape the trailer and dock area of any visible contamination and dispose of any generated waste properly.  Submit documentation to IDEM of clean up procedure and proper disposal.

 

5.            Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 263.12, transfer facility requirements. Specifically, Respondent shall only store manifested shipments of hazardous waste in containers meeting the requirements of 40 CFR 262.30 for a period of ten (10) days or less without complying with 40 CFR 270, 264, 265, and 268.

 

6.            Upon the Effective Date, Respondent shall ensure compliance in the future with 40 CFR 263.20, the manifest system.  Specifically, Respondent shall ensure it does not accept hazardous waste from generators unless the transporter is also provided with a manifest signed in accordance with the requirements of 40 CFR 262.23.

 

7.            Upon the Effective Date, Respondent shall ensure compliance in the future with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.171(a).  Specifically, Respondent shall ensure containers holding hazardous waste are in good condition and not leaking.  If the container is not in good condition or begins to leak the generator shall immediately transfer the hazardous waste into a container in good condition.

 

8.            Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(c)(1)(ii).  Specifically, Respondent shall ensure all satellite containers are properly marked with the words “Hazardous Waste” or with other words describing the contents including the satellite accumulation area located in the laboratory.

 

9.            Upon the Effective Date, Respondent shall ensure compliance with 262.20(a)(1). Specifically, Respondent as a generator who transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, disposal facility who offers for transport a rejected hazardous waste load, must prepare a Manifest (OMB Control number 2050–0039) on EPA Form 8700–22, and, if necessary, EPA Form 8700–22A, according to the instructions included in the appendix to this part.  The generator or treatment, storage, disposal facility who sends the hazardous waste off-site must ensure that manifests are fully filled out and contain accurate information.

 

10.         Upon the Effective Date, Respondent shall ensure in the future compliance with 329 IAC 3.1-16-2(4).  Specifically, Respondent as a small quantity handler of universal waste must properly label or mark the type of universal waste.

 

11.         Upon the Effective Date, Respondent shall ensure in the future compliance with 40 CFR 273.13 (d)(1).  Specifically, Respondent as a small quantity handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

 

12.         Upon the Effective Date, Respondent shall ensure in the future compliance with 329 IAC 13-4-3(d).  Specifically, Respondent must label all used oil containers including the used oil container located at the rail car pump and the aboveground tanks 21, 22, 23, and 24 with the words “Used Oil.”

 

13.         Upon the Effective Date, Respondent shall ensure compliance with its contingency and response plans in the event of a release.

 

14.         Within thirty (30) days of the Effective Date, Respondent shall submit its already updated hazardous waste and used oil contingency plans.

 

15.         Upon the Effective Date, Respondent shall ensure that when the hazardous waste contingency plan is implemented a written report is submitted to the Commissioner according to 40 CFR 265.56(i).

 

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

 

Christina Halloran, Enforcement Case Manager

Office of Land Quality – Mail Code 60-02L

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

17.         Respondent is assessed and agrees to pay a civil penalty of Fifty Thousand Dollars ($50,000).  Within thirty (30) days of the Effective Date, Respondent shall pay a portion of this penalty in the amount of Ten Thousand Dollars ($10,000) to the Environmental Management Special Fund.  In lieu of payment of the remaining civil penalty, Respondent shall make a cash payment to the Indiana Finance Authority ("IFA") to fund a Supplemental Environmental Project ("SEP") of activities related to brownfield development at a brownfield site ("Brownfield Site") in Indianapolis, Indiana.  Respondent will make a payment in the amount of Forty Thousand Dollars ($40,000) to fund SEP activities at the Brownfield Site.  Respondent shall make such payment to the IFA within thirty (30) days of the Effective Date.  Payment to the IFA satisfies Respondent's obligation to undertake a SEP to offset a portion of the civil penalty assessed in this matter. Implementation of this SEP will benefit the community by rejuvenating neighborhoods, increasing the tax base, mitigating threats to human health and the environment, and/or reducing blight.  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.

 

The Brownfield Site at which some or all of the SEP proceeds will be spent will be determined by the Brownfields Program for a site located in Indianapolis, Indiana.  The designation of this Brownfield Site to receive the SEP proceeds is agreed upon by the Complainant, Respondent, and the IFA.  The IFA will account for the SEP payment and the Brownfields Program will oversee the work undertaken at the Brownfield Site funded by the SEP proceeds.  If SEP proceeds remain following a determination by the Brownfields Program that no additional SEP proceeds are needed at the Brownfield Site, the Brownfields Program will select another site or sites in Indianapolis at which work will be funded with the balance of the SEP proceeds.  The IFA will notify IDEM's Enforcement Case Manager when SEP-funded activities at the Brownfield Site (and any other site at which activities may be funded with SEP proceeds) are complete.

 

In the event that Respondent does not make its SEP payment within thirty (30) days of the Effective Date, the full amount of the civil penalty as stated in this paragraph, 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.

 

Payment of the SEP is payable by check to the "Indiana Finance Authority."  The text "SEP- Indianapolis" and the Case Numbers of this action shall be included in the memo line of the check.  The check shall be mailed to:

 

Meredith Gramelspacher

Indiana Brownfields Program - SEP

100 N. Senate Avenue

Room 1275

Indianapolis, Indiana  46204

 

18.         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

Penalty

16

$200/wk

 

19.         Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30th day being the “Due Date”.  Complainant may notify Respondent at any time that a stipulated penalty is due.  Failure to notify Respondent in writing in a timely manner of stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order.  Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

 

20.         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

 

21.         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 their status or responsibilities under this Agreed Order.

 

22.         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.

 

23.         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.

 

24.         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 their obligation to comply with the requirements of their applicable permits or any applicable Federal or State law or regulation.

 

25.         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.

 

26.         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.

 

27.         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.

 

28.         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 Johnston, Section Chief

 

 

Enforcement Section

Printed: ______________________

Office of Land Quality

 

 

Title: ________________________

 

 

Date: __________________

Date: _______________________

 

 

 

 

COUNSEL FOR INDIANA FINANCE AUTHORITY:

COUNSEL FOR RESPONDENT:

For the Indiana Brownfields Program

 

 

 

By: ________________________

By: ________________________

 

Assistant Director & General Counsel

 

 

 

Date: _______________________

Date: ______________________

 

 

COUNSEL &/OR AUTHORIZED REPRESENTATIVE:

 

For the City of Indianapolis

 

 

 

By:_______________________

 

 

 

Date:______________________

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

_______

DAY OF

________________,

 20__.

 

 

For the Commissioner:

 

 

 

Signed on 04/18/2013 by:

 

Bruce H Palin

 

Assistant Commissioner

 

Office of Land Quality