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. 2000-9928-A
)
CLARK COUNTY MOTORS INC. )
)
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.
1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Clark County Motors Inc. ("Respondent"), which is located at 1611 East 10th Street, in Jeffersonville, Clark County, Indiana ("Site").
3. The Indiana Department of Environmental Management ("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 via Certified Mail to:
Mark Fetter, President & Registered Agent
Clark County Motors Inc.
1611 East 10th Street
Jeffersonville, Indiana 47130
A. Pursuant to 326 IAC 13-2.1-3(a)1 no person shall rent, lease, sell, offer for sale, or in any manner transfer ownership of a motor vehicle with knowledge that the vehicle has been subject to tampering. For the purposes of this subdivision, knowledge of tampering shall be imputed to any person engaged in the business of repairing, servicing, selling, leasing, or trading motor vehicles or motor vehicle engines or any person who operates a fleet of motor vehicles. On November 30, 2000, a representative of the Office of Air Management, Indiana Department of Environmental Management, conducted an inspection to determine compliance with Indiana's air rules. Your facility was found out of compliance with the 326 IAC 12-2.1-3(a)1 rule.
1.) Respondent has a 1991 Ford Explorer VIN # 1FMDU34XXMUA69786 for sale which had the catalyst missing, a violation of 326 IAC 3-2.1-3.
2.) Respondent has a 1985 Ford Bronco VIN# 1FMCU14S6FUB71934 for sale which had the thermostatic air cleaner disabled, a violation of 326 IAC 3-2.1-3.
3.) Respondent has a 1987 Chevrolet Camaro VIN# 1G1FP2189HN165722 for sale which had the air injection reaction system disabled, a violation of 326 IAC 3-2.1-3.
6. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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.
2. Respondent shall repair all tampered or disrepaired vehicles (1985 Ford Bronco VIN 1FMCU14S6FUB71934 - thermostatic air cleaner disabled, 1987 Chevrolet Camaro VIN 1G1FP2189HN165722 - air injection reaction system disabled, and a 1991 Ford Explorer VIN # 1FMDU34XXMUA69786 - catalyst missing) and comply with Indiana's air rule 326 IAC 13-2.1-3(a)2.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Amy L. Moreland, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. Respondent is assessed a civil penalty of Two Thousand Dollars ($2,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
5. 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:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
6. In the event that the civil penalty 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 Respondent complies with all applicable requirements of this Agreed Order and notifies IDEM in writing assuring that all tampered and/or disrepaired vehicles have been repaired.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Clark County Motors Inc.
By: By:
David P. McIver
Chief, Air Enforcement Section Printed:
Office of Enforcement
Title:
Date: Date:
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: By:
Jay Rodia
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:
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement