|
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. 2018-25821-S |
|||
|
|
|
) |
|
||||
|
special waste services, inc., |
|
) |
|
||||
|
|
|
) |
|
||||
|
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 Indiana Code (“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 IC 13-13-1-1.
2.
Respondent is Special Waste Services, Inc. (“Respondent”),
which owns and operates the company with United States Environmental Protection
Agency (“EPA”) ID No. INR000023317 and septage management permit number 897,
located at 5776 Prospect Drive, in Newburgh, Warrick 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 on February 21, 2019 to:
|
Special
Waste Services, Inc. |
|
Attn: Joe
Beard, President and Registered Agent |
|
5776
Prospect Drive |
|
Newburgh,
Indiana 47630 |
5.
Respondent provides truck cleaning services,
and operates under septage management Permit No. 897, last renewal on June 24,
2015, which allows it to transport and treat domestic septage and grease.
6.
During an investigation, including an inspection
on November 13, 2018 conducted by a representative of IDEM, the following
violations were found:
a. Pursuant
to Septage Management Permit No. 897, “Treatment/Storage Facility Permit
Approval” item one (1), Respondent is approved to receive septage as defined in
327 Indiana Administrative Code (“IAC”) 7.1-2-41 for treatment and storage. To
treat or store other waste materials, approval under 329 IAC 11 must be
obtained.
As noted
during the inspection, Respondent was accepting and processing waste that did
not meet the definition of septage. Specifically, Respondent was cleaning
trucks from Prospect Trucking, Inc. which primarily moves cationic/anionic
flocculants, calcium chloride, and glycerin.
b. Pursuant to 329 Indiana Administrative
Code (“IAC”) 11-9-1(a), any person who constructs or operates a solid waste
processing facility as defined under 329 IAC 11-2-43 shall have a solid waste
processing facility permit under this article.
As noted
during the inspection, Respondent failed to obtain a solid waste processing
facility permit while operating a solid waste processing facility.
Specifically, during cleaning operations, sawdust was added to the solids
collected to aid in the solidification process. Solidifying waste is considered
processing.
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 solid waste management
board.
As noted
during the inspection, Respondent caused and/or allowed contaminants and/or
solid waste to be deposited at the site in a method which has not been
determined by the solid waste management board to be acceptable. Liquid was
pooled beneath a roll-off dumpster of solidified waste sitting on a concrete
pad.
7.
Orders of the Commissioner are subject to
administrative review by the Office of Environmental Adjudication under IC
4-21.5; however, in recognition of the settlement reached, Respondent
acknowledges notice of this right and 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.
Respondent shall immediately cease and desist
violation of 329 IAC 11-9-1(a). Specifically, Respondent shall immediately
cease processing unauthorized material without a solid waste processing permit.
Respondent is approved to receive and treat domestic septage and grease in
accordance with permit #897.
4.
If Respondent intends to process waste not
covered by its septage management permit, then within thirty (30) days of the
Effective Date, Respondent shall comply with 329 IAC 11-9-1(a). Specifically,
Respondent shall complete and submit a Solid Waste Processing Facility Permit
Application. Respondent shall also submit a Standard Operating Procedure for
mixing waste to IDEM for review.
5.
Within thirty (30) days of the Effective Date,
Respondent shall clean the drains located in the processing building to ensure
unauthorized materials are removed and properly disposed, and submit documentation
including photographs to IDEM.
6.
Within thirty (30) days of the Effective Date,
Respondent shall clean the concrete located in the solidified waste roll-off
storage area to remove liquid that was observed around the base of the roll-off
container during the inspection, and submit documentation including photographs
to IDEM.
7.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
|
Jodi Pisula, Enforcement Case Manager |
|
Office of Land Quality |
|
Indiana Department of Environmental
Management |
|
100 North Senate Avenue |
|
Indianapolis, IN 46204-2251 |
8.
Respondent is assessed and agrees to pay a
civil penalty of Four Thousand Three Hundred Seventy-Five Dollars ($4,375.00). 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”.
9.
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 |
|
Order
paragraph # 3 |
$100 per
incident |
|
Order
paragraph # 4 |
$250 per week,
if applicable |
|
Order
paragraph # 5 |
$100 per week |
|
Order
paragraph # 6 |
$100 per week |
10.
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.
11.
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:
|
Indiana
Department of Environmental Management |
|
Accounts
Receivable |
|
IGCN,
Room 1340 |
|
100
North Senate Avenue |
|
Indianapolis, IN 46204 |
12.
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 11, above.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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.
20.
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:
_________________________ |
|||
|
|
Jennifer
Reno, 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 8/14/2020 |
|||
|
|
Peggy Dorsey, Assistant Commissioner |
|||
|
|
Office of
Land Quality |
|||