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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
MARION |
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No.
2016-23569-S |
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medassure of indiana llc, |
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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 MedAssure
of Indiana LLC (“Respondent”), which owns and operates the company with Solid
Waste Facility Permit FP 49-61, (“Permit”) located at 1013 South Girls School
Road, in Indianapolis, Marion County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and
the subject matter of this action.
4.
Respondent waives the issuance of a Notice of
Violation (“NOV”) and the settlement period of sixty (60) days as provided for
by IC 13-30-3-3.
5.
Respondent receives infectious waste and
treats it with microwaves and steam before transporting it to a final disposal
facility. On January 11, 2012, Respondent was issued an approval of its Solid Waste Facility
Permit, FP 49-61, by IDEM.
Respondent’s Permit expires on January 5, 2017.
6.
During an investigation, including a record
review on January 11, 2016, conducted by a representative of IDEM, the
following violations were found:
a. Pursuant to Permit Requirement A2., the
permittee must operate the facility as described in the application and in the
additional information submitted unless otherwise specified by the permit.
Respondent accepted medical waste
which it was not permitted to accept during a time
period between September 2012 and January 2016.
b. Pursuant to Permit Requirement D3., the
permittee must not accept the following types of medical waste: chemotherapy
waste; fetal remains; human torsos; corrosive, reactive, toxic, radiologic, or
radioactive waste; metal pieces such as links, bolts, or ball sockets; mercury
or mercury-containing waste; P-listed and U-listed hazardous waste, as well as
other hazardous materials; or other hazardous waste and hazardous substances
regulated under 329 IAC 3.1. The
permittee must inform all customers that the facility is not
authorized to accept or process these wastes.
Respondent accepted medical waste
which it was not permitted to accept during a time
period between September 2012 and January 2016.
Respondent accepted medical waste under contracts with Pathology Services,
Inc. and various other companies.
Respondent accepted between three and six 31-gallon containers of medical
waste per week from Pathology Services, Inc. over a period of time between
September 2012 and January 2016. During
the investigation, it was discovered that some of the
containers of medical waste accepted by Respondent from Pathology Services,
Inc. contained fetal remains. Respondent
had not informed Pathology Services, Inc. that it was not authorized
to accept or process this medical waste.
When Respondent become aware that is
had accepted medical waste which was not approved in its Permit, Respondent
submitted a letter, dated January 5, 2016, to Pathology Services, Inc. indicating
that it was prohibited from accepting certain medical waste and requiring that
the prohibited waste be segregated from other medical waste and not be sent to
Respondent.
7. 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 permit
conditions listed in the findings above.
3.
Respondent shall only accept waste that it is allowed to accept and shall not accept any waste that is
prohibited by its Permit.
4.
Within thirty (30) days of the Effective Date,
Respondent shall submit a copy of its revised contract with Pathology Services,
Inc. which incorporates a list of medical waste prohibited from acceptance by
Respondent to IDEM.
5.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Nancy Johnston, Enforcement Section
Chief |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
6.
Respondent is assessed
and agrees to pay a civil penalty of Nine Thousand Dollars ($9,000). Said penalty amount shall be due and payable
to the Environmental Management Special Fund in six consecutive monthly
payments of Fifteen Hundred Dollars ($1,500) each with the first monthly payment
due within thirty (30) days of the Effective Date; the 30th day
being the “Due Date”. Each subsequent
payment shall be due on a monthly basis and the penalty paid in full within one
hundred eighty (180) days of the Effective Date.
7. In the event the terms and conditions
of the following paragraph are violated, Complainant
may assess and Respondent shall pay a stipulated penalty in the following amount:
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Order
Paragraph 4 |
$100
per week late |
8. 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.
9. 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:
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Indiana Department of Environmental
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Office of Legal Counsel |
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IGCN, Room N1307 |
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100 North Senate Avenue |
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Indianapolis, IN 46204 |
10. 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 9, above.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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 Findings above.
17. This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental
Management |
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By: _________________________ |
By:
_________________________ |
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Nancy
Johnston, Section Chief |
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Enforcement
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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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For the
Commissioner: |
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Signed 2/16/16______________ |
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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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