STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CAUSE NO. SW-363
v. )
)
RUMPKE WASTE, INC. )
)
Respondent. )
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. Pursuant to IC 13-30-3-3(c), entry into the terms of this Agreed
Order does not constitute an admission to any finding of fact, conclusion of law or allegation of a
violation contained herein. This Agreed Order is entered into solely for the purpose of resolving a
disputed matter.
1. Complainant is the Commissioner (hereinafter referred to as "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 Rumpke Waste, Inc. (hereinafter referred to as the "Respondent"), who
owns and operates the Greenville Transfer Station located at 5474 Jaysville St. John Road,
Greenville, Darke County, Ohio, 45331.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over
the subject matter of this action. For the purpose of resolving this matter, the Respondent
agrees to submit to the personal jurisdiction of IDEM.
4. IC 13-20-6-2 requires that an operator file a disclosure statement to obtain an
acknowledgement number before the operator engages in municipal waste transfer
activities in Indiana.
5.
IC 13-11-2-148(c) defines an operator as a corporation, a limited liability company, a
partnership, a business association, a unit, or an individual who is a sole proprietor that is
one of the following:
(1) A broker.
(2) A person who manages the activities of a transfer station that receives
municipal waste.
(3) A transporter.
6. On or about January 29, 1998, the Respondent notified IDEM that it had engaged in
municipal waste transfer activities in Indiana by transferring municipal waste from the
Greenville Transfer Station in Greenville, Ohio to the Jay County Landfill (an Indiana
disposal facility) for disposal. The Respondent notified IDEM that prior to January 29,
1998, the Respondent did not use an acknowledgement number on the municipal waste
manifests the Respondent used in transferring municipal waste from the Greenville
Transfer Station to the Jay County Landfill that was specific to the Greenville Transfer
Station. Instead the acknowledgement number used was issued to the Respondent as a
transporter.
7. Based upon the self disclosure information noted in Findings Condition #4 above, IDEM
finds that the Respondent has violated Indiana Code (IC) 13-20-4-7(c)(5), for not having
a separate acknowledgement number for the Greenville Transfer Station and using the
acknowledgement number issued to the Respondent for its transportation activities.
Information which the Respondent would have provided for the Greenville Transfer
Station (other than its address) would not have differed from the information the
Respondent did provide for the Respondent's other waste activities.
8. IC 13-20-4-7(c)(5) states:
A manifest required under subsection (b) must include the following information:
If the municipal waste is transported from a transfer station that receives municipal
waste, the identity of and acknowledgment number issued by the department under
IC 13-20-6-5 or IC 13-7-10.5-14( before its repeal) to the following:
(A) The transporter of the municipal waste.
(B) The transfer station from which the municipal waste is transported.
(C) A broker involved in the transportation of the municipal waste.
9. Manifests reviewed by IDEM did not include an acknowledgment number, assigned by
IDEM to the Greenville Transfer Station operated by the Respondent. Therefore, IDEM
finds that the Respondent has violated IC 13-20-4-7(c)(5).
10.
Respondent waives its right to the issuance of a Notice Of Violation and to the settlement
period of sixty (60) days as provided for by IC 13-30-3-3.
11. This Agreed Order resolves all violations for failing to file a disclosure statement (IC 13-
20-6-2) and to use the proper acknowledgement number (IC 13-20-4-7(c)(5)) committed
by the Respondent prior to and including the date this Agreed Order is adopted by IDEM.
12. 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 his delegate, and has been received by the Respondent. This Agreed
Order shall have no force or effect until the Effective Date.
2. Respondent shall maintain compliance with all applicable laws and rules from the date of
the issuance of this Order.
3. Respondent shall not engage in waste transfer activities in Indiana from the Greenville
Transfer Station, including the shipping, transporting or brokering of shipments of
municipal waste to an Indiana transfer station or disposal facility until it has been issued an
acknowledgement number in accordance with IC 13-20-6-5.
4. As a result of the violations detailed in the FINDINGS, the Respondent shall pay a fine or
penalty of ten thousand dollars ($10,000) to the Indiana Environmental Management
Special Fund (Fund) within ten (10) days of the Effective Date of this Agreed Order.
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 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46206-7060
6. In the event that the civil penalty required by Order Condition #4 is not paid within ten
(10) 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 officers,
directors, principals, agents, successors, subsidiaries, 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 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 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 has complied with all terms and
conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Paul Higginbotham, Acting Chief
Solid Waste 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 __________________, 1998.
For the Commissioner:
signed March 4, 1998
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven