STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2018-25645-S
					)
ronnie millbrooks,					)
					)
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 Ronnie Millbrooks (“Respondent”), who owns and operates as a Waste Tire Transporter with ID No.049-T-00599, located at 9231 Rochelle Court, in Indianapolis, Marion County, Indiana (“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 Ronnie Millbrooks.

5. During an investigation, including a record review, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“IAC”) 15-4-10, an application for renewal of a certificate of registration must be submitted sixty (60) days before the expiration date of the certificate. An application for renewal of a certificate of registration must comply with 329 IAC 15-4-2.

As noted during the record review, Respondent failed to submit an application for renewal at least sixty (60) days before the expiration of the certificate of registration. Respondent’s waste tire transporter registration was due to expire on April 9, 2018 and Respondent has not yet submitted an application for renewal to IDEM. A letter, reminding Respondent the Waste Tire Transporter Registration will expire on April 9, 2018, was mailed on March 9, 2018. A second letter was mailed on July 9, 2018, notifying Respondent that the Registration has expired and provided an opportunity to submit a late renewal registration. On July 9, 2018 a phone call was made to Respondent and the expiration of the Registration was discussed with Respondent’s spouse and a follow-up email was sent after the phone call. Respondent has not responded to IDEM regarding the Waste Tire Transporter Registration expiration.

b. Pursuant to 329 IAC 15-4-1(a), a person who transports waste tires shall register with the department as a waste tire transporter and hold a valid certificate of registration issued under this rule.

As determined during the record review, Respondent, according to a phone conversation on July 9, 2018 with Respondent’s spouse, continues to transport waste tires without a valid certificate of registration. On March 9, 2018, a letter was mailed reminding Respondent the Waste Tire Transporter Registration will expire on April 9, 2018. On July 9, 2018 a second letter was mailed notifying Respondent that the Registration has expired and provided an opportunity to submit a late renewal registration. Respondent has not responded to IDEM regarding the Waste Tire Transporter Registration expiration.

c. Pursuant to Indiana Code (“IC”) 13-20-14-5(a), a person may not act as a waste tire transporter unless the person is registered with the department as a waste tire transporter.

As determined during the record review, Respondent, according to a phone conversation on July 9, 2018 with Respondent’s spouse, continues to transport waste tires under an expired registration. On March 9, 2018, a letter was mailed reminding Respondent the Waste Tire Transporter Registration will expire on April 9, 2018. On July 9, 2018 a second letter was mailed notifying Respondent that the Registration has expired and provided an opportunity to submit a late renewal registration. Respondent has not responded to IDEM regarding the Waste Tire Transporter Registration expiration.

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 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. Within thirty (30) days of the Effective Date, Respondent shall submit a complete renewal application in compliance with 329 IAC 15-4-2.

3. In the event IDEM determines that the renewal application is deficient or otherwise unacceptable, Respondent shall resubmit the renewal application to IDEM in accordance with time frames included in IDEM’s notice.

4. Respondent shall comply with all terms and conditions of the registration issued on April 11, 2013, until such time that IDEM makes a final determination on the renewal application required by Order No. 2 above.

5. In the event Respondent wishes to cease operations of transporting waste tires and end Respondent’s registration, Respondent shall, within fifteen (15) days of the Effective Date, submit the completed Waste Tire Facility Closure Notification, State Form 55361 to IDEM.

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

Chike Okeke, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

7. Respondent is assessed and agrees to pay a civil penalty of Zero Dollar ($0). This penalty reflects a significant reduction from the original proposed civil penalty based upon evidence submitted to IDEM by Respondent which adequately demonstrated Respondent’s inability to pay the original proposed civil penalty

8. This Agreed Order shall apply to and be binding upon Respondent and his 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 his status or responsibilities under this Agreed Order.

9. 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.

10. 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.

11. 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 his obligation to comply with the requirements of his applicable permits or any applicable Federal or State law or regulation.

12. 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.

13. 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.

14. 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.

15. 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:
				Signed on 5/21/2019_______
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality