STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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Case No. 2014-22646-H |
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FIVE STAR
ROOFING SYSTEMS, INC., |
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Respondent. |
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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 |
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Failure to comply with Order
Paragraph No. 6 |
$250 per week |
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Failure to comply with Order Paragraph
No. 7 |
$250 per week |
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Failure to comply with Order
Paragraph No. 8 a., b., c., d |
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$100 per week |
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Failure to comply with Order
Paragraph No. 9 |
$250 per week |
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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: |
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Department of
Environmental Management |
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By:
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By: _________________________ |
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Nancy
Johnston, Section Chief |
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Enforcement
Section |
Printed: ______________________ |
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Office of
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Title:
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Date: __________________ |
Date:
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COUNSEL FOR RESPONDENT: |
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By:
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Date:
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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DAY
OF |
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20__. |
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For the
Commissioner: |
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** October
29, 2015 ** |
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Bruce H Palin |
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Assistant
Commissioner |
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Office of
Land Quality |
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