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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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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2016-23884-S |
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ACE GREASE SERVICE, 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 Ace Grease Service, Inc.
(“Respondent”), which owns/operates a food service grease recycling company
located at 9035 State Route 163, in Millstadt, St. Clair County, Illinois. Respondent serviced a restaurant’s grease
trap located at 3451 South U.S. 41 in Terre Haute, Vigo County, Indiana (the
“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via Certified Mail to:
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Mr.
Michael Kostelac III, President |
Corporation
Service Company |
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Ace
Grease Service, Inc. |
Registered
Agent for Ace Grease |
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9035
State Route 163 |
Service,
Inc |
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Millstadt,
Illinois 62260 |
251
E. Ohio Street |
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Indianapolis,
Indiana 46204 |
5. Respondent operates a cooking oil and
grease recycling business.
6. IDEM informed Respondent on January 12,
2016 and January 16, 2016, that a septage management permit was required before
operating in Indiana.
7.
Respondent submitted a septage permit
application on January 25, 2016. The
permit application is currently under review by IDEM.
8.
“Septage” and “Wastewater” as defined by Indiana
Code (“IC”) 13-11-2-199.2(3), and 327
Indiana Administrative Code (“IAC”) 7.1-2-41, respectively, includes grease,
fats, and retained wastes from grease traps or interceptors.
9.
During an investigation, including an inspection
and record review, the following violations were found:
a. Pursuant to
IC 13-18-12-2, (a) A
person may not transport, treat, store, or dispose of septage in
violation of this chapter.
(b) A person may
not engage in:
(1) the cleaning of sewage disposal systems; or
(2) the transportation, treatment, storage, or disposal of
septage; without a septage management permit unless the person is exempted
under section 7 of this chapter.
As
noted during the December 3, 2015 inspection conducted by the Terre Haute
Wastewater Utility Code Enforcement Officer, Respondent disposed of
grease-laden septage at the Site, which entered the Terre Haute Wastewater
Treatment Plant, without a septage management permit.
As
noted during a February 22, 2016 record review conducted by IDEM, Respondent
conducted business in Indiana on October 15, 2015, November 23, 2015, and December
3, 2015, without a septage management permit.
In addition, after being notified of the septage management permit
requirement on January 12, 2016 and January 16, 2016, Respondent conducted
business in Indiana on February 4, 2016 (three separate invoice locations), and
February 9, 2016, without a septage management permit.
b. Pursuant to 327 IAC 7.1-3-1, any person providing or engaging in
wastewater management shall, unless exempted by IC 13-18-12-7, possess a valid
wastewater management permit and comply with all applicable requirements of IC
13-18-12 and this article.
As
noted during the December 3, 2015 inspection conducted by the Terre Haute
Wastewater Utility Code Enforcement Officer, Respondent engaged in wastewater
management without a valid wastewater management permit and failed to comply
with all applicable requirements of IC 13-18-12 and 327 IAC 7.1. Specifically, Respondent disposed of
grease-laden wastewater at the Site, which entered the Terre Haute Wastewater
Treatment Plant, without a wastewater management permit.
As
noted during a February 22, 2016 record review conducted by IDEM, Respondent
conducted business in Indiana on October 15, 2015, November 23, 2015, and December
3, 2015, without a wastewater (septage) management permit. In addition, after being notified of the
wastewater (septage) management permit requirement on January 12, 2016 and
January 16, 2016, Respondent conducted business in Indiana on February 4, 2016
(three separate invoice locations), and February 9, 2016, without a wastewater
(septage) management permit.
c. Pursuant to 327 IAC 7.1-7-1(a)(1), disposal
may be by discharge into a wastewater treatment plant or treatment works
collection system that has a valid National Pollutant Discharge
Elimination System permit issued by the commissioner under 327 IAC 5 as
follows: (1) The discharge point, method of discharge, and wastewater quality
must be in accordance with the requirements of the wastewater treatment
plant accepting the wastewater.
As
noted during the December 3, 2015 inspection conducted by the Terre Haute
Wastewater Utility Code Enforcement Officer, Respondent disposed of wastewater
at a discharge point and with a method of discharge not in accordance with the
Terre Haute Wastewater Treatment Plant.
10. 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. Immediately upon the Effective Date,
Respondent shall comply with IC 13-18-12-2 and 327 IAC 7.1-3-1 and cease
operating without a septage management permit.
3. Immediately
upon the Effective Date, Respondent shall comply with 327 IAC 7.1-7-1 and cease
disposing of grease-laden wastewater through a wastewater treatment plant or
sewerage system without prior written permission of the responsible official in
charge of the wastewater treatment plant or sewerage system.
4. Respondent is assessed and agrees to
pay a civil penalty of Eight Thousand Seven Hundred and Fifty Dollars ($8,750). Said penalty amount shall be due and payable to
the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the 30th day being the “Due Date.”
5. Civil 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
Management |
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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 |
6. 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 5, above.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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
Land Quality |
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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
3/14/17_________ |
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Peggy Dorsey |
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Deputy Assistant
Commissioner |
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Office of
Land Quality |
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