Respondent Name: Joann Goens

Case Number: 2018-25334-A

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 Joann Goens (“Respondent”), who operates a business called Jo’s Wholesale out of her residence at 3195 West Elm Street, Vallonia, Jackson, Indiana

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

Joann Goens

3195 West Elm Street

Vallonia, IN 47281

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) on June 18, 2018, via certified mail, to:

5. At the time of an inspection conducted on May 1, 2018, the following violation was in existence or observed by a representative of IDEM’s Office of Air Quality (“OAQ”).

a. Pursuant to 326 IAC 4-1-2, open burning is prohibited unless exempted or allowed by rule, or an approval is obtained.

b. Respondent engaged in the open burning of cardboard boxes as a means of disposal at 1600 South Depot Street, Vallonia, Jackson County, Indiana (“Site”), a location near her residence, in violation of 326 IAC 4-1-2.

6. 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 adopted via signature by Complainant or Complainant’s delegate, and the adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date. This offer to settle the allegations contained in this Agreed Order does not bind or obligate the parties of this enforcement action if the Agreed Order is not adopted.

2. Respondent is assessed a civil penalty of Zero Dollars ($0.00). This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay.

3. This Agreed Order shall apply to and be binding upon Respondent and her successors and assigns. Respondent’s signatories to this Agreed Order certify that she is fully authorized to execute this Agreed Order and legally bind the party she represents. No change in ownership, corporate, or partnership status of Respondent shall in any way alter her status or responsibilities under this Agreed Order.

4. 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.

5. 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 her obligation to comply with the requirements of its applicable permit or any applicable Federal or State law or regulation.

6. 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.

7. 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.

8. 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.

9. The parties were free to consult with their respective counsel regarding entry into this Agreed Order to the extent each deemed necessary.

TECHNICAL RECOMMENDATION:			RESPONDENT:*
Department of Environmental Management			Joann Goens
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2019.
			For the Commissioner:
			Signed on January 4, 2019
			Matthew Stuckey, Deputy Assistant Commissioner
			Office of Air Quality

_____________________

* In the event that Respondent does not accept the settlement offer contained in this Agreed Order, IDEM notes that this document is a qualified offer of settlement, and therefore Rule 408 of Indiana Rules of Evidence applies to this document, rendering it inadmissible.