STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2000-8869-S

) Case No. 2001-10370-S

)

ALFRED GODFREY D/B/A, )

AAA GODFREY & SON )

)

Respondent. )

 

AGREED ORDER

The Complainant and the 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.

 

I. FINDINGS OF FACT

 

1. Complainant is the Commissioner (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
    1. Respondent is Alfred Godfrey d/b/a AAA Godfrey & Son ("Respondent"), who conducted land application on property located at 7800 block of East Wheatland Road, Vincennes, Knox County, Indiana ("Site 1 @).
    2. Respondent operated an unapproved wastewater storage facility on property located at 3347 Snider Road, Vincennes, Knox County, Indiana ("Site 2").

 

4. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.

5. Pursuant to IC 13-30-3-3, on April 20, 2000, IDEM issued a Notice of Violation for Case No. 2000-8869-S via Certified Mail to:

Alfred Godfrey d/b/a

AAA Godfrey & Son

306 West Chicago Avenue

Vincennes, Indiana 47591

6. Respondent waives issuance of a Notice of Violation and to the settlement period of sixty (60) days as provided for by IC 13-30-3-3, for Case No. 2001-10370-S.

7. An inspection, on October 21, 1999, was conducted at Site 1 by a representative of IDEM=s Office of Land Quality (OLQ). The following violations were in existence or observed at the time of this :
    1. Pursuant to 327 IAC 7-5-1(a), and Land Application Approval # 017-01, all wastewater shall be disposed in compliance with this rule (327 IAC 7-5). Respondent disposed of wastewater in violation of 327 IAC 5 at Site 1.
    2. Pursuant to 327 IAC 7-5-1(b), provided that 327 IAC 7-5 is satisfied, and depending on the wastewater origin and condition, the manner of wastewater disposal shall be in accordance with the table under this rule depicting acceptable disposal methods (chemical toilet waste may not be land applied). Respondent allowed the land application of chemical toilet waste at Site 1.
    3. Pursuant to 327 IAC 7-6-8(3), and Land Application Approval #017-01, under no conditions shall wastewater be discharged or allowed to drain to the waters of the state. Wastewater shall not be applied to road ditches, or to swales or field depressions that carry running water during snowmelt or rainfall. Respondent allowed the land application of wastewater to drain towards a spring fed ditch and small pond at Site 1.
    1. An inspection, on February 9, 2001, was conducted at Site 2 by a representative of IDEM=s Office of Land Quality (OLQ). The following violations were in existence or observed at the time of this :
    1. Pursuant to 327 IAC 7-7-1(a), no facilities for the storage of wastewater shall be constructed or installed without prior approval of the commissioner and compliance with this rule (327 IAC 7-7). Respondent installed and operated a wastewater storage facility prior to receiving approval from the Commissioner at Site 2.
    2. Pursuant to 327 IAC 7-7-5, wastewater storage tanks shall be located, constructed and operated in compliance with subsection (a), (b) & (c). Respondent operated wastewater storage tanks that were not in compliance with location, construction and operation requirements at Site 2.
    1. An inspection conducted on February 23, 2001 revealed that the Site has been cleaned up and the tanks have been removed.
    2. 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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
    1. Respondent shall conduct land application in accordance with Land Application Approval No. 017-01, 327 IAC 7, and IC 13-18-12.
    2. Respondent shall not construct, install or operate wastewater storage structures without prior approval of the Commissioner and compliance with rule 327 IAC 7-7.

4. Respondent is assessed a civil penalty of Six Thousand Five Hundred Sixty Two Dollars and Fifty Cents ($6,562.50) for Case No. 2000-8869-S and Five Thousand Two Hundred and Fifty Dollars ($5,250) for Case No. 2001-10370-S. Said penalty amounts shall be due and payable to the Environmental Management Special Fund in five (5) installment payments of One Thousand Three Hundred Twelve Dollars and Fifty Cents ($1,312.50) for Case No. 2000-8869-S and One Thousand and Fifty Dollars ($1,050) for Case No. 2001-10370-S. The first installment payment shall be due and payable within thirty (30) days of the Effective Date of this Agreed Order. Each subsequent payment shall be due and payable on September 28, 2001; December 31, 2001; March 30, 2002; and June 29, 2002.

 

 

5. Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalties required by Order paragraph 4, is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

7. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

8. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.

9. The 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.

10. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.

 

 

 

 

 

 

 

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

 

By: _________________________ By: _________________________

Paul Higginbotham, Chief

Solid Waste/UST Section Printed: ______________________

Office of Enforcement

Title: ________________________

Date: ________________________ Date: ________________________

 

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

By: _________________________ By: ________________________

Office of Legal Counsel

Department of Environmental Management

 

Date: _______________________ Date: ______________________

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2001.

 

 

For the Commissioner:

 

Signed June 26, 2001

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement