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. 2018-25689-S
					)
PATRICIA wILLIAMS,					)
					)
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 Patricia Williams (“Respondent”), who owns the property located at 1128 Barber Road, in West Harrison, Franklin 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”) to:

Patricia Williams

1128 Barber Road

West Harrison, Indiana 47060

5. During an investigation including inspections on June 7, 2018, February 13, 2018, June 15, 2017, and March 31, 2017, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“IAC”) 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

Respondent caused and/or allowed solid waste, including, but not limited to, waste tires, metal, old fuel tanks, junk, trash, and demolition debris located near the building at bottom of the hill; televisions, electronics, junk, and trash dumped in the ravine (lower end) behind the building; televisions, electronics, junk, trash, and demolition debris dumped in the ravine (upper end); and televisions, junk, junk vehicles, and scrap tires dumped at the top of the hill, to be stored and/or disposed at the Site in a manner which creates a threat to human health or the environment.

b. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited.

Respondent caused and/or allowed solid waste, including, but not limited to, waste tires, metal, old fuel tanks, junk, trash, and demolition debris located near the building at bottom of the hill; televisions, electronics, junk, and trash in the ravine (lower end) behind the building; televisions, electronics, junk, trash, and demolition debris in the ravine (upper end); televisions, junk, junk vehicles, and scrap tires at the top of the hill, to be open dumped at the Site.

c. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

Respondent caused and/or allowed the deposit of solid waste, including, but not limited to, waste tires, metal, old fuel tanks, junk, trash, and demolition debris located near building at bottom of the hill; televisions, electronics, junk, and trash dumped in the ravine (lower end) behind the building; televisions, electronics, junk, trash, and demolition debris dumped in the ravine (upper end); and televisions, junk, junk vehicles, and scrap tires dumped at the top of the hill, at the Site in a method which has not been determined by the board to be acceptable.

d. Pursuant to IC 13-30-2-1(5), no person shall dump or cause or allow the open dumping of garbage or any other solid waste in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.

Respondent caused and/or allowed solid waste, including, but not limited to, waste tires, metal, old fuel tanks, junk, trash, and demolition debris located near the building at bottom of hill; televisions, electronics, junk, and trash in the ravine (lower end) behind the building; televisions, electronics, junk, trash, and demolition debris in the ravine (upper end); and televisions, junk, junk vehicles, and scrap tires at the top of hill, to be opened dumped at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.

e. Pursuant to 329 IAC 10-4-4(a)(2), the owner of real estate upon which an open dump is located is responsible for the following:

1. Correcting and controlling any nuisance conditions that occur as a result of the open dump.

2. Eliminating any threat to human health or the environment.

Respondent own real estate upon which an open dump is located and failed to correct and control any nuisance conditions and eliminate any threat to human health or the environment.

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. Respondent shall comply with the statutes, rules, and/or permit conditions listed in the findings above.

3. Within sixty (60) days of the Effective Date, Respondent shall remove all solid waste located throughout the Site, including but not limited to, waste tires, metal, old fuel tanks, junk, trash, and demolition debris located near building at bottom of the hill, televisions, electronics, junk, and trash dumped in the ravine (lower end) behind the building, televisions, electronics, junk, trash, and demolition debris dumped in the ravine (upper end), televisions, junk, junk vehicles, and used scrap tires dumped at the top of the hill, and dispose of it at a permitted solid waste management facility.

4. Within sixty five (65) days of the Effective Date, Respondent shall submit written documentation that the solid waste has been have been removed from the Site and taken to a permitted solid waste management facility.

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

Idelia Walker-Glover, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

6. 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:

Paragraph	Penalty
3	$125 per week or part thereof
4	$125 per week or part thereof

7. Stipulated penalties shall be due and payable no later than the 30^th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30^th 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.

8. 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 N1307

100 North Senate Avenue

Indianapolis, IN 46204

9. 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 8, above.

10. 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 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 her status or responsibilities under this Agreed Order.

11. 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.

12. 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.

13. 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 her applicable permits or any applicable Federal or State law or regulation.

14. 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.

15. 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.

16. 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 EPA or any other agency or entity.

17. 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: _________________________
	Linda L. McClure, Chief
	Land 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 July 17, 2019
				Peggy Dorsey,
				Assistant Commissioner
				Office of Land Quality