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. 2019-26666-S
					)
SOUTHERN INDIANA DEVELOPMENT					)
PARTNERS, LLC,					)
					)
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 Southern Indiana Development Partners, LLC (“Respondent”), which owns properties identified as Parcel #s 10-18-09-600-559.000-004; 10-18-09-600-556.000-004; and 10-18-09-600-020.000-003, located off Highway 62 and Dean Street, Charlestown, in Clark County, Indiana (collectively, the “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”) on April 22, 2020 via Certified Mail to:

Mr. Denis Frankenberger, Member for

Southern Indiana Development Partners, LLC

2806 Little Hills Lane

Louisville, Kentucky 40223

Mr. Paul Cox, Member for

Southern Indiana Development Partners, LLC

4511 Southern Parkway

Louisville, Kentucky 40214

Euclid Black, Registered Agent for

Southern Indiana Development Partners, LLC

8001 Lakeside Quarry Drive

Jeffersonville, Indiana 47130

5. During an investigation including inspections on August 6, 2018, March 13, 2019, May 24, 2019, and September 27, 2019 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.

As noted during the inspections, Respondent caused and/or allowed solid waste, including but not limited to, an estimated total of over 100 whole truck, tractor, and passenger tires to be disposed at the Site. The tires were observed on all three (3) parcels at the Site along the southwest and southeast sides of Dean Street, some tires retaining water.

On July 21, 2020, waste tire receipts/invoices were submitted showing removed of tires from the three (3) parcels.

Tire removal is subject to field verification by the IDEM inspector.

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

As noted during the inspections, Respondent caused and/or allowed an estimated total of over 100 whole truck, tractor, and passenger tires to be open dumped at all three (3) parcels at the Site, along the southwest and southeast sides of Dean Street.

On July 21, 2020, waste tire receipts/invoices were submitted showing removed of tires from the three (3) parcels.

Tire removal is subject to field verification by the IDEM inspector.

c. Pursuant to IC 13-30-2-1(5), no person shall dump or cause or allow the open dumping of garbage or of any solid waste in violation of rules adopted by the board.

As noted during the inspections, Respondent allowed the open dumping of an estimated total of over 100 whole truck, tractor, and passenger tires at all three (3) parcels at the Site, along the southwest and southeast sides of Dean Street.

On July 21, 2020, waste tire receipts/invoices were submitted showing removed of tires from the three (3) parcels.

Tire removal is subject to field verification by the IDEM inspector.

d. Pursuant to 329 IAC 10-4-4(a)(1) and (2), the owner of real estate upon which an open dump is located is responsible for the correcting and controlling any nuisance conditions that occur as a result of the open dump and eliminating any threat to human health or the environment. The owner must remove all solid waste and dispose of such waste in a solid waste land disposal facility permitted to accept the waste or by other methods approved by the commissioner.

As noted during the inspections, Respondent owns real estate upon which an open dump is located and has not complied with 329 IAC 10-4-4(a)(1) and (2).

Based on parcel records, Dean Street is not in the County or City inventories, and is therefore considered a private drive.

On July 21, 2020, waste tire receipts/invoices were submitted showing removed of tires from the three (3) parcels.

Tire removal is subject to field verification by the IDEM inspector.

6. 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 statute and rules listed in the findings of fact above.

3. All submittals required by this Agreed Order, unless Respondent is notified 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

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of One Thousand two Hundred Dollars ($1,200.00). Said penalty amount shall be due and payable to the “Waste Tire Fund” within thirty (30) days of the Effective Date; the thirtieth day being the “Due Date.”

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

Paragraph	Stipulated Penalty
Order paragraph #2	$100.00 per week

6. 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.

7. Civil and stipulated penalties are payable by check to the “Waste Tire 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

8. 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 Waste Tire Fund, and shall be payable to IDEM in the manner specified in Paragraph 7, above.

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

10. 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.

11. 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.

12. 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. 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.

14. 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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

15. 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.

16. 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 violations specified in the NOV.

17. 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.

18. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management				Southern Indiana Development Partners, LLC
By: _________________________				By: _________________________
	Jennifer Reno, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __				Date: _______________________
				RESPONDENT:
				Southern Indiana Development Partners, LLC
				By: _________________________
				Printed: ______________________
				Title: ________________________
				Date: _______________________
				COUNSEL FOR RESPONDENT:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		______	DAY OF	________________________,	20__.
				For the Commissioner:
				Signed 9/2/2020
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality