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. 2019-26197-S
					)
DALTON CORPORATION,					)
					)
Respondents.					)

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 Dalton Corporation (“Respondent”), which owns/operates the facility with Solid Waste Program ID 43-06 located at 2811 West County Road 250 South, in Warsaw, Kosciusko 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:

Dalton Corporation	Corporation Service Company, Registered Agent
Attn: Jeffrey Stone, President	for Dalton Corporation
1900 East Jefferson St.	135 North Pennsylvania St., Suite 1610
Warsaw, IN 46580	Indianapolis, IN 46204

5. Respondent operates and was granted approval by IDEM, for a Restricted Waste Site Type II as the Dalton Foundry Alternate Site Monofill with Solid Waste Program ID 43-06.

6. During an investigation including inspections on August 1, 2018, October 17, 2018, January 9, 2019, April 29, 2019, and July 15, 2019 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“IAC”) 10-13-4(c) and Renewal Permit (February 19, 2019) Requirements B1 and B7, the permittee is approved to use alternative procedures and alternative cover products or soil specified in the documentation titled “Dispersal Control Plan” (DCP) dated April 12, 2011, as an alternative to the standard monthly cover requirements in 329 IAC 10-28-12(b). Per 329 IAC 10-28-12(b), restricted waste site Type II must apply and compact no less than six (6) inches of cover over all exposed solid waste regardless of weather conditions: (1) monthly; or (2) annually; if the solid waste can be demonstrated to the satisfaction of the commissioner to have an in-place permeability of less than 1 x 10^-6 centimeters per second.

As noted during the inspections, Respondent failed to apply cover and perform approved alternative cover procedures per the DCP for approximately two (2) years.

As noted during the inspections, on January 9, 2019, April 29, 2019, and July 15, 2019, Respondent had applied cover to approximately ninety (90) percent of the top of the landfill.

b. Pursuant to 329 IAC 10-13-4(c) and Renewal Permit (February 19, 2019) Requirement B11, the permittee must perform the following leachate management activities at the facility:

a. Maintain, as applicable, an adequate leachate storage capacity during the landfill operation and post closure period to ensure proper operation of the leachate collection system. Please note that the leachate collection system and sump area located within the waste disposal unit are not considered adequate storage.

b. Maintain the leachate level in the pumping station manhole below the level of the leachate collection pipe.

c. Operate leachate storage in an environmentally safe manner.

d. Maintain record-keeping log of the amount of leachate pumped and disposed from the facility.

e. Dispose of leachate following all applicable local, state, and federal laws.

As noted during the inspection on April 29, 2019, Respondent failed to maintain an adequate leachate storage capacity as all three (3) leachate frac storage tanks were full. Additionally, the leachate level in the pumping station manhole was above the level of the leachate collection pipe.

As noted in the inspection report for the July 15, 2019 inspection, Respondent has supplied an email documenting the leachate level in the pumping station manhole has been brought down below the level of the leachate collection pipe on May 9, 2019.

On January 22, 2020, Respondent provided manifest records documenting the disposal of the leachate.

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 rules and permit conditions listed in the findings of fact above.

3. Within sixty (60) days of the Effective Date, Respondent shall comply with 329 IAC 10-13-4(c) and Renewal Permit (February 19, 2019) Requirements B1 and B7. Specifically, Respondent shall immediately initiate the process to apply cover over all exposed waste in the available seasonal construction timeframe. Respondent shall begin on the first available date after April 1, 2020 dependent upon the weather and contractor availability. Final construction with application of required erosion control measures as required by 329 IAC 10-28-14 (Grading and soil stabilization) shall be completed no later than June 30, 2020. The construction documentation shall be submitted no later than 14 days after completion of construction and/or by July 13, 2020 to the IDEM case manager.

4. Within sixty (60) days of the Effective Date, Respondent shall comply with 329 IAC 10-13-4(c) and Renewal Permit (February 19, 2019) Requirement B11. Specifically, Respondent shall provide adequate leachate storage capacity during landfill operation and the post closure period and Respondent shall maintain the level of leachate in the pumping station manhole below the level of the leachate collection pipe. Respondent shall pump the leachate from the frac tanks to allow for additional temporary storage of leachate in order to ensure adequate leachate storage capacity.

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

Debbie Chesterson, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

6. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Ten Thousand Two Hundred Fifty Dollars ($10,250.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date, the thirtieth day being the “Due Date.”

7. In the event the terms of the following paragraphs are violated, Complainant may assess and Respondent shall pay stipulated penalties in the following amounts:

Paragraph	Stipulated Penalty
Order paragraph 3	$100 per week
Order paragraph 4	$100 per week
Order paragraph 5	$100 per week

If weather conditions prohibit installation of earthwork as per the deadlines above, Respondent shall notify IDEM as soon as practicable, but no less than 14 days prior to the deadlines. If good cause is shown and IDEM agrees in writing, the deadlines may be extended such that the stipulated penalties would not trigger until a later date.

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

9. 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

10. 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 9, above.

11. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

12. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

13. No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

14. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

15. 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.

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 regulations.

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 U.S. Environmental Protection Agency (U.S. 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 U.S. 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:
	Linda L. McClure, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:			Date:
			COUNSEL FOR RESPONDENT:
			By:
			Printed:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed on 03/25/20
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality