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. 2018-25858-S
					)
Godlove enterprises, 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 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 Godlove Enterprises, Inc. (“Respondent”), which owns/operates the facility with Septage Management Permit No. 473 (“Permit”) located at 933 W. Hannawalt Road, in Monticello, White 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:

Mr. Perry L. Godlove, President	Mr. Steve Godlove, President and
Godlove Enterprises, Inc.	Registered Agent for
P.O. Box 217	Godlove Enterprises, Inc.
Monticello, IN 47960	4468 E. Jennings Loop
	Monticello, IN 47960

5. Respondent’s Permit allows Respondent to clean sewage disposal systems and transport and dispose of septage. The Permit expires April 30, 2021.

6. During an investigation including an inspection on August 9, 2018 by a representative of IDEM, the following violations were found:

a. Pursuant to Indiana Code (“IC”) 13-18-12-2, (a) a person may not transport, treat, store, or dispose of septage in violation of this chapter.

(b) A person may not engage in:

(1) the cleaning of sewage disposal systems; or

(2) the transportation, treatment, storage, or disposal of septage;

without a septage management permit unless the person is exempted under section 7 of this chapter.

As noted during the inspection, Respondent was conducting treatment activities without a permit. Specifically, Respondent has constructed a septage dewatering unit without a permit. Respondent’s Septage Management Permit No. 473 does not permit Respondent to conduct treatment activities.

b. Pursuant to 327 IAC 7.1-4-1(c), if the applicant intends to store wastewater, or treat wastewater by altering the nature of domestic septage, a mixed load, or grease, then the permit application must be accompanied by all of the following:

(1) If the property where the wastewater storage or treatment facility will be located is not owned by the applicant:

(A) the name, mailing address, and telephone number of the property owner; and

(B) a statement, signed by the property owner, granting permission to conduct the activities specified in the application and stating that the activities specified in the application are not prohibited by any covenant of record.

(2) A county map clearly indicating the location of the property on which the facility is proposed.

(3) An accurate drawing clearly delineating the proposed facility site and the area within one-quarter (¼) mile of the site in all directions. The drawing must use a scale of one (1) inch per one hundred (100) feet and show north. The drawing shall clearly and accurately indicate the location of all features of interest, including the following:

(A) Potable water supplies.

(B) Lakes, ponds, streams, intermittent waterways, surface water impoundments, wetlands, or other bodies of water.

(D) Rock outcrops, sinkholes, or undrained depressions.

(E) The location of all property lines, easements, and public roads.

(F) The critical habitat of endangered or threatened species.

(G) Historical sites.

(4) Plans and specifications certified by a professional engineer licensed under IC 25-31-1 to practice in Indiana. The plans must include the following:

(A) The design of the facility.

(B) The capacity of the facility.

(5) A brief narrative description of the proposed operating plan and maintenance procedures to be used at the facility.

(6) The name, address, and phone number of the person, or persons, designated in charge of the facility.

(7) A letter from at least one (1) publicly owned treatment works permitted under 327 IAC 5-2 or other state permitted wastewater treatment plant permitted under 327 IAC 5 stating the applicant is authorized to dispose of wastewater at their facility. If the narrative presented in subdivision (5) states the facility will be solidifying all wastewater, the applicant must also submit such a letter from a state permitted municipal solid waste landfill permitted under the rules of the solid waste management board at 329 IAC 10.

(8) A signed statement from either the applicant or the property owner and the applicant, if the applicant is not the property owner, accepting responsibility for closure in compliance with section 11 of this rule.

As noted during the inspection, Respondent was conducting treatment activities without a permit. Specifically, Respondent has constructed a septage dewatering unit without a permit.

c. Pursuant to 327 IAC 7.1-4-4(b), if the applicant intends to store or treat wastewater, the wastewater management permit shall be issued subject to the conditions contained in subsection (a), the following conditions, and such additional conditions as may be stated in the permit:

(1) Except for wastewater storage or treatment facilities approved prior to the effective date of this article, all storage or treatment facilities must comply with site restrictions and be designed and constructed in compliance with this article.

(2) All facilities must be operated in compliance with this article.

As noted during the inspection, Respondent did not comply with site restrictions.

d. Pursuant to 327 IAC 7.1-4-6, storage facilities or treatment facilities must not be constructed:

(1) within one hundred (100) feet of any easement;

(2) within three hundred (300) feet of any public road;

(3) within six hundred (600) feet of any;

(A) residence;

(B) place of business;

(D) property line;

(E) lake;

(F) pond;

(G) stream;

(H) intermittent waterway;

(I) surface water impoundment;

(J) wetland;

(K) rock outcrop;

(L) sink hole;

(M) undrained depression; or

(N) potable water supply;

(4) within one thousand (1,000) feet of any:

(A) public water supply well or public water supply surface intake structure;

(B) historical site; or

(5) in a flood plain; or

(6) in a manner that would allow the wastewater to enter waters of the state.

As noted during the inspection, Respondent constructed a treatment unit within 300 feet of a public road, within 600 feet of residence, place of business, public gathering place and property line, and within one thousand (1000) feet of a potable water supply.

7. 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 thirty (30) days of the Effective Date, Respondent shall comply with 327 IAC 7.1-4-1(c). Specifically, Respondent shall submit to IDEM a complete Application for a Wastewater/Septage Management Storage/Treatment Permit. If the use of a construction approach other than the requirements specified in 327 IAC 7.1-4-1(c) is proposed or an innovative technology is proposed by Respondent requirements in accordance with 327 IAC 7.1-4-10 are to be followed.

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

Christina Halloran, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

5. Respondent is assessed and agrees to pay a civil penalty of Seven Thousand Dollars ($7,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

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
Order paragraph #3	$100/week

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. 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 N1340

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 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 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 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 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
	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 09/11/2019 By:
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality