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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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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. 2018-25825-S |
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MUNCIE sanitary district, |
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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 Muncie Sanitary District
(“Respondent”), which owns/operates the Transfer Station with
Permit No. 18-03, located at 811 East Centennial Avenue, Muncie, Delaware
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 Mr. Phil Reagon,
Superintendent, Muncie Sanitary District, Muncie, IN
47303.
5. During an investigation, including a
record review, conducted by a representative of IDEM, the following violation
was found:
Pursuant to 329 Indiana Administrative
Code (“IAC”) 11-9-4(a), renewal applications must be submitted at least one
hundred twenty (120) days prior to the expiration date of the permit.
As noted during the record review,
Respondent failed to submit an application for renewal at least one hundred
twenty (120) days before the expiration of the permit. Respondent’s transfer station permit renewal
was due December 31, 2016. Respondent submitted the application for renewal to
IDEM on September 21, 2018. Respondent has not been accepting waste at the
Site.
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. 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.
3. Respondent shall not accept any solid waste
at the Site until such time that IDEM makes a final determination on the
renewal application submitted on September 21, 2018.
4. All submittals required by this Agreed
Order, unless Respondent is notified otherwise in writing by IDEM, shall be
sent to:
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Nancy Johnston |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
5.
Respondent is assessed and agrees to pay a
civil penalty of Four Hundred Dollars ($400.00). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within (30) days of the Effective
Date; the 30th day being the “Due Date”.
6. In the event the terms and conditions of
the following paragraph is violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
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Paragraph |
Penalty |
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Order
Paragraph # 2 |
$250
per week |
7. 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.
8. 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:
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Indiana Department of Environmental
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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 |
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 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.
11. In the event that any terms of this Agreed
Order are found to be invalid, the 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 omply
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 its
obligation to comply with the requirements of its 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 the 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.
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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 Section |
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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DAY
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For the
Commissioner: |
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Signed
1/20/19 |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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