STATE OF INDIANA

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SS:

BEFORE THE INDIANA DEPARTMENT OF

 

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COUNTY OF MARION

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ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

 

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)

 

Complainant,

 

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)

 

 

v.

 

)

Case No. 2014-22646-H

 

 

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FIVE STAR ROOFING SYSTEMS, INC.,

 

)

 

 

 

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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 Five Star Roofing Systems, Inc., which owns and/or operates a company located at 1119 South State Road 3 and 1144 South State Road 3 in Hartford City, Blackford County, Indiana (the “Site”).

 

3.         Per 40 CFR 260.10, “On-site” means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way.  This case involves violations at both 1119 South State Road 3 and 1144 South State Road 3 in Hartford City.  Since the two locations are across the road from each other and are accessed by crossing, the locations meet the terms of “on-site” per 40 CFR 260.10.

 

4.         Respondent is a commercial roofing company, which constructs and applies commercial roofs and coatings throughout the country.  Respondent uses water-based and petroleum-based coatings as well as aluminum paint coating depending on customer requirements.  The coatings are mixed with cellulose fiber and the resulting mixtures are taken to job sites for application.  Wastes are generated from cleaning tar and aluminum paint trailers and lines, spills, and unusable coatings.

 

5.         Respondent has not notified the U.S. EPA or IDEM of hazardous waste activities but was operating as a small quantity generator as well as a hazardous waste storage facility at the time of the investigation.

 

6.         Respondent has been operating at these locations for ten to fifteen years.  There are no records of hazardous wastes being transported off-site for proper disposal during this period.

 

7.         IDEM has jurisdiction over the parties and the subject matter of this action.

 

8.         Pursuant to IC 13-30-3-3, on December 5, 2014, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:

 

Chris Spegal, President and Registered Agent

Five Star Roofing Systems, Inc.

1119 South State Road 3

Hartford City, IN  47348

 

9.         329 Indiana Administrative Code (“IAC”) 3.1 incorporates certain federal hazardous waste management requirements found in 40 Code of Federal Regulations (“CFR”) Parts 260 through 270 and Part 273, including those identified below.

 

10.       During an investigation including inspections and/or record reviews on August 23, 2013, February 7, 2014, and August 12, 2014, which included a review of waste determination results submitted to IDEM on July 14, 2014, conducted by a representative of IDEM, the following violations were found:

 

a.         Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous.

 

As noted during the investigation, IDEM asked that Respondent make waste determinations on multiple containers of material at the time of the August 23, 2013 and February 7, 2014 inspections.  Analytical documentation was provided to IDEM on July 14, 2014 from a sampling event conducted in March 2014.  It was determined that some of the containers held non-hazardous wastes, some held material that could be reused, and others (fourteen 55-gallon drums and fourteen 300-gallon totes) held hazardous wastes with waste codes, D018, D001, and F003).

 

Additionally, containers of spent absorbents/saw dust were determined to be hazardous waste with waste codes D018, D001, and F003.  This waste was generated from cleanup of spills that occur during off-loading of mineral spirits and asphalt cutback into aboveground storage tanks and on rags used for cleaning equipment and other operations in the mixing room.  Mineral spirits and gasoline are used for cleaning activities.

 

b.         Pursuant to 40 CFR 262.34(f), a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste in quantities exceeding 6000 kg or accumulates hazardous waste for more than 180 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 unless he has been granted an extension to the 180 day period.

 

As noted during the investigation, Respondent stored hazardous waste on-site for greater than 180 days without complying with 40 CFR Part 264 and 40 CFR Part 270.  Fourteen (14) 55-gallon drums and fourteen (14) 300-gallon totes holding hazardous wastes were stored at the Site for years.  The waste was first stored outside at the northeast corner of the 1119 South State Road 3 location and then moved to the building at the 1144 South State Road 3 location.  EPA waste codes for the hazardous wastes are D018, D001, and F003.

 

c.         Pursuant to 40 CFR 262.34(d)(1), a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month may accumulate hazardous waste on-site for 180 days or less without a permit provided that the quantity of waste accumulated on-site never exceeds 6000 kilograms.

 

                  As noted during the investigation, Respondent generated greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and accumulated in excess of 6000 kilograms of hazardous waste for greater than 180 days without obtaining a permit.  Fourteen (14) 55-gallon drums and fourteen (14) 300-gallon totes holding hazardous wastes were stored at the Site for years.  The waste was first stored outside at the northeast corner of the 1119 South State Road 3 location and then moved to the building at the 1144 South State Road 3 location.  EPA waste codes for the hazardous wastes are to, D018, D001, and F003.

 

d.         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 stored hazardous waste identified or listed in 40 CFR Part 261 without a permit.  Fourteen (14) 55-gallon drums and fourteen (14) 300-gallon totes holding hazardous wastes were stored at the Site for years.  The waste was first stored outside at the northeast corner of the 1119 South State Road 3 location and then moved to the building at the 1144 South State Road 3 location.  EPA waste codes for the hazardous wastes are D018, D001, and F003.

 

e.         Pursuant to 40 CFR 264.1(b), owners and operators of all facilities which treat, store, or dispose of hazardous waste must comply with the standards of 40 CFR Part 264.

 

As noted during the investigation, Respondent stored hazardous waste at the Site but failed to comply with the standards of 40 CFR Part 264.  Fourteen (14) 55-gallon drums and fourteen (14) 300-gallon totes holding hazardous wastes were stored at the Site for years.  The waste was first stored outside at the northeast corner of the 1119 South State Road 3 location and then moved to the building at the 1144 South State Road 3 location.  EPA waste codes for the hazardous wastes are D018, D001, and F003.

 

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.

 

            As noted during the investigation, Respondent operated a hazardous waste facility without having first obtained a permit from the department.

 

g.         Pursuant to 40 CFR 268.50(a), the storage of hazardous wastes restricted from land disposal is prohibited except as provided in Subpart E of Part 268.

 

As noted during the investigation, Respondent stored hazardous wastes restricted from land disposal without meeting the conditions as provided in Subpart E of Part 268.

 

h.         Pursuant to 329 IAC 3.1-1-10, 329 IAC 3.1-1-11, 329 IAC 3.1-1-12, and 329 IAC 3.1-1-13, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility must notify the Commissioner of its hazardous waste activities and obtain and use identification numbers issued by IDEM.

 

As noted during the investigation, Respondent failed to notify the Commissioner of hazardous waste activities and to obtain and use identification numbers issued by IDEM.  Respondent has been assigned the U.S. EPA I.D. number INX 000057356.

 

i.          Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

 

As noted during the investigation, Respondent did not store multiple containers of hazardous waste closed, first at the 1119 South State Road 3 location and subsequently at the 1144 South State Road 3 location.

 

j.          Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container.

 

As noted during the investigation, Respondent accumulated hazardous waste on-site, without a permit, and failed to clearly mark multiple containers of hazardous waste with accumulation start dates, first at the 1119 South State Road 3 location and subsequently at the 1144 South State Road 3 location.

 

k.         Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 180 days or less without a permit, provided that, while being accumulated on-site, each container and tank is labeled or marked clearly with the words "Hazardous Waste."

 

As noted during the investigation, Respondent accumulated hazardous waste on-site, without a permit, and failed to mark hazardous waste containers with the words "Hazardous Waste," first at the 1119 South State Road 3 location and subsequently at the 1144 South State Road 3 location.

 

l.          Pursuant to 40 CFR 262.34(d)(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 a hazardous waste or hazardous waste constituents to air, soil, or surface water, which could threaten human health or the environment.

 

As noted during the investigation, Respondent failed to properly manage containers of hazardous waste to minimize releases to the environment at both the northeast corner of 1119 South State Road 3 during the August 2013 inspection and the 1144 South State Road 3 location during the February 2014 and August 2014 inspections.  Containers were stored open, unlabeled, and undated.

 

m.        Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 265.32, all facilities must be equipped with with the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below;

(a)       An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(b)       A device such as a telephone  (immediately available at the scene of operations) or a handheld two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams:

(c)        portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment and (d) Water at an adequate volume and pressure to supply water hose streams, or foam equipment, or automatic sprinklers, or water spray systems.  All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

 

As noted during the investigation, Respondent did not provide the required equipment for the hazardous waste storage areas including, but not limited to, the northeast corner of the 1119 South State Road 3 property at the time of the August 2013 inspection and the building located at 1144 South State Road 3 at the time of the February and August 2014 inspections.

 

n.         Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 265.35, a generator must maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment to any area of facility operation in an emergency.

 

As noted during the investigation, Respondent failed to provide the required aisle space at the 1144 South State Road 3 storage area.

 

o.         Pursuant to 40 CFR 262.34(d)(5)(ii), a small quantity generator must post the following information, in part, next to the telephone:  (1) The name and phone number of the emergency coordinator; (2) Location of fire extinguishers and spill control material and, if present, fire alarm; and (3) The telephone number of the fire department, unless the facility has a direct alarm.

 

As noted during the investigation, the required equipment list above was not posted at the Site.

 

p.         Pursuant to 40 CFR 262.34(d)(5)(iii), a small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.

 

As noted during the investigation, given the extent of the violations, Respondent did not provide adequate training to employees in the proper management of hazardous waste and associated emergency procedures.

 

11.       Respondent waives the issuance of a Notice of Violation and the settlement period of sixty (60) days as provided for by IC 13-30-3-3 for the following violations found during an investigation, including a record review:

 

a.         Pursuant to 40 CFR 262.20, a generator who transports, or offers for transportation, hazardous waste for off-site treatment, storage, or disposal, must prepare a manifest.  A generator must designate on the manifest one facility, which is permitted to handle the waste described on the manifest.  A generator may designate an alternate facility to handle his waste in the event that an emergency prevents delivery of the waste to the primary designated facility.

 

As noted during the investigation, Respondent transported hazardous waste and/or offered hazardous waste for transportation for off-site treatment, storage, or disposal without preparing manifests.  A March 25, 2014, sampling event identified fourteen (14) 300 - gallon totes and fourteen (14) 55 - gallon containers as hazardous waste having EPA waste codes D001, D018, and F003.  On March 5, 2015, the fourteen (14) 300 - gallon totes and fourteen (14) 55 - gallon containers of hazardous waste were sent for disposal as a non-hazardous waste to CGS Services, Inc., using bills-of-lading rather than hazardous waste manifests.

 

b.         Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.

 

As noted during the investigation, Respondent caused or allowed the transportation of a hazardous waste without a manifest as required by law.  A March 25, 2014, sampling event identified fourteen (14) 300 - gallon totes and fourteen (14) 55 - gallon containers as hazardous waste having EPA waste codes D001, D018, and F003.  On March 5, 2015, the fourteen (14) 300 - gallon totes and fourteen (14) 55 - gallon containers of hazardous waste were sent for disposal as a non-hazardous waste to CGS Services, Inc., using bills-of-lading rather than hazardous waste manifests.

 

c.         Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

 

As noted during the investigation, Respondent offered its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.  A March 25, 2014, sampling event identified fourteen (14) 300 - gallon totes and fourteen (14) 55 - gallon containers as hazardous waste having EPA waste codes D001, D018, and F003.  On March 5, 2014, the fourteen (14) 300 - gallon totes and fourteen (14) 55 - gallon containers of hazardous waste were sent for disposal as a non-hazardous waste to CGS Services, Inc.  This facility is not a permitted hazardous waste facility.

 

d.         Pursuant to 40 CFR 268.7, a generator must determine if a hazardous waste is restricted from land disposal and if the waste has to be treated before being land disposed.  With the initial shipment of waste to each treatment, storage, or disposal facility, a generator must send a one-time written notice to each facility receiving the waste and place a copy in the file.

 

As noted during the investigation, Respondent did not determine if hazardous waste was restricted from land disposal and if the waste had to be treated before land disposal.  Additionally, Respondent did not send a one-time written notice to the receiving facilities or place a copy in the file.  A March 25, 2014, sampling event identified fourteen (14) 300 - gallon totes and fourteen (14) 55 - gallon containers as hazardous waste having EPA waste codes D001, D018, and F003.  On March 5, 2015, the fourteen (14) 300 - gallon totes and fourteen (14) 55 - gallon containers of hazardous waste were sent for disposal as a non-hazardous waste to CGS Services, Inc., without the required LDR form.

 

12.       The fourteen (14) 55-gallon containers and fourteen (14) 300-gallon totes referenced above were not completely filled, and others contained no waste.  Therefore, the quantity of hazardous waste stored and disposed is less than the total capacity of the containers.

 

13.       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 the rules and statutes listed in the findings here and/or above at issue.

 

3.            Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.11.  Specifically, Respondent shall ensure that a hazardous waste determination is made for each solid waste generated at the Site.

 

4.            Upon the Effective Date, Respondent shall ensure that, as long as it remains a small quantity generator of hazardous waste, it does not accumulate hazardous waste in quantities exceeding 6000 kg and/or accumulate hazardous waste for more than 180 days, pursuant to 40 CFR 262.34(f).

 

5.         Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit three (3) hard copies and one complete copy of the entire document on CD, in PDF format no greater than 100 megabytes per file, of a hazardous waste closure plan for the area where hazardous wastes have been stored for greater than 180 days outside at the northeast corner of the 1119 South State Road 3 location to IDEM for approval.  This closure plan shall be completed in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1.

 

6.         Within thirty (30) days of notice of IDEM’s approval of the closure plan, Respondent shall implement the plan as approved and in accordance with the time frames contained therein.

 

7.         In the event IDEM determines that any plan submitted by Respondent is deficient or otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM in accordance with IDEM's notice.  After three (3) submissions of such plan by Respondent, IDEM may modify and approve any such plan and Respondent must implement the plan as modified by IDEM.  A modification and approval by IDEM under this paragraph shall be considered an “order” pursuant to IC 4-21.5 et seq, subject to administrative review.  If a Petition for Administrative Review of an IDEM modification and approval is not timely filed, the approved plan shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof.

 

8.         Upon the Effective Date of the Order and for as long as Respondent is a Small Quantity Generator of hazardous waste, Respondent shall comply with all applicable requirements of 40 CFR 262 including, but not limited to, the following:

 

a)         40 CFR 262.34(d)(4) referencing 40 CFR 265.31 by maintaining and operating the facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of a hazardous waste or hazardous waste constituents to air, soil, or surface water, which could threaten human health or the environment;

b)         40 CFR 262.34(d)(4) referencing 40 CFR 265.32 by providing all necessary equipment;

c)         40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(2) by providing the date when accumulation begins on each container;

d)         40 CFR 262.34(d)(4) referencing 40 CFR 262.34(a)(3) by providing each container with the words “Hazardous Waste”;

e)         40 CFR 262.34(d)(4) referencing 40 CFR 265.35, by maintaining adequate aisle space to allow the unobstructed movement of personnel, fire protection, spill control, and decontamination equipment to any area of facility operation in an emergency; and

f)          40 CFR 262.34(d)(5)(ii) by providing the required equipment next to the telephone.

 

9.         Within twenty (20) days of the Effective Date, Respondent shall comply with 40 CFR 262.34(d)(5)(iii).  Specifically, Respondent shall provide documentation to IDEM demonstrating that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.

 

10.       Within ten (10) days of the Effective Date, Respondent shall notify IDEM’s Regulatory Reporting Section of its proper generator status, and shall notify that Section if ever there is any change to its status.

 

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

 

Linda McClure, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

12.       Respondent is assessed and agrees to pay a civil penalty of Thirty-Four Thousand and Nine Hundred and Thirty-Nine Dollars ($34,939).  Said penalty amount shall be due and payable to the Environmental Management Special Fund in a twenty-four (24) consecutive monthly installments.  The payments shall be as follows: twenty-three (23) installments of One Thousand and Four Hundred and Fifty-Five Dollars ($1,455) and one (1) installment of One Thousand and Four Hundred and Seventy-Four Dollars ($1,474).  The first installment shall be due within thirty (30) days of the Effective Date with the “Due Date” for each consecutive monthly installment being the 30th day.

 

13.       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:

 

Failure to comply with Order Paragraph No. 5

$250 per week

 

 

Failure to comply with Order Paragraph No. 6

$250 per week

 

 

Failure to comply with Order Paragraph No. 7

$250 per week

 

 

Failure to comply with Order Paragraph No. 8 a., b., c., d

 

., e., or f

$100 per week

 

 

Failure to comply with Order Paragraph No. 9

$250 per week

 

 

Failure to comply with Order Paragraph No. 10

$250 per week

 

14.       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.

 

15.       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

Office of Legal Counsel

IGCN-Room 1307

100 North Senate Avenue

Indianapolis, IN  46204

 

16.       In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1.  The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance.  Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 15, above.

 

17.       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.

 

18.       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.

 

19.       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.

 

20.       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.

 

21.       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.

 

22.       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.

 

23.       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.

 

24.       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 RESPONDENT:

 

 

 

 

 

By: ________________________

 

 

 

 

 

 

Date: ______________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

_______

DAY OF

________________________,

 20__.

 

 

For the Commissioner:

 

 

 

** October 29, 2015 **

 

Bruce H Palin

 

Assistant Commissioner

 

Office of Land Quality