STATE
OF
) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER
OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CASE
NO.2000-10093-S
v. )
)
ST. JOSEPH COUNTY PARKS DEPT. )
)
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. Pursuant to 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 (hereinafter referred to as
"Complainant") of the Indiana Department of Environmental Management,
a department of the State of
2. Respondent is St. Joseph County Parks Department
(hereinafter referred to as "Respondent"), who owns two (2) UST
systems, located at
3. The
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation
via Certified Mail to:
St. Joseph County Parks
Department
Attn: John Berkebile, Director
5. Designated representatives of IDEM conducted an inspection
at the Site on
6. Based on information gathered by IDEM during the above noted
inspection, the Respondent has been found in violation of:
A. Pursuant to 329 IAC 9-2.1-1(a)(3),
all existing UST systems shall comply with one (1) of the following
requirements on or before
B. Pursuant to 329 IAC
7. On
8. 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.
2. Respondent is assessed a civil penalty of ten thousand
dollars ($10,000.00). Within thirty (30)
days of the Effective Date of the Agreed Order, Respondent shall pay a portion
of this penalty in the amount of one thousand dollars ($1,000.00). Said penalty amount shall be due and payable
to the Underground Petroleum Storage Tank Trust Fund. In lieu of payment of the remaining civil
penalty, Respondent shall perform and complete a Supplemental Environmental
Project (“SEP”). Respondent estimates
that this SEP will cost thirty-seven thousand dollars ($37,000.00). Within thirty (30) days of completing this
SEP, Respondent shall submit written notice and documentation to IDEM which
substantiates all actions taken and costs incurred with respect to the
SEP. In the event that the cost of the
SEP is less than eighteen thousand dollars ($18,000.00), Respondent shall pay fifty percent (50%) of the difference between the required
minimum $18,000.00 cost of the SEP and
the actual cost of the SEP.
As a SEP, Respondent shall perform a ground water
analysis project as described in Attachment A.
Respondent shall complete the SEP and submit a copy of a report
detailing the findings of the SEP within one hundred and twenty days (120) of
the Effective Date of this Agreed Order.
Implementation of this SEP will assist in determining the cause(s) of
potentially impacted ground water and aid in the development of potential
corrective action(s) to address the issue(s).
In the event that the Respondent does not complete
the SEP within 120 days of the Effective Date of this Agreed Order, the full
amount of the civil penalty as stated above, plus interest established by IC
24-4.6-1-101 on the remaining amount, less the portion of the civil penalty
Respondent has already paid, will be due within fifteen (15) days from
Respondent's receipt of IDEM’s notice to pay.
Interest, at the rate established by IC 24-4.6-1-101, shall be
calculated on the amount due from the date which is thirty (30) days after the
Effective Date of this Agreed Order until the full civil penalty is paid.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Paul
Higginbotham, Section
Chief
Office of Enforcement
Indiana Department of Environmental Management
4. The civil penalty is payable by check to the Underground Petroleum Storage Tank Trust Fund. Checks shall include the Case Number of this action and shall be mailed to:
Cashier
Indiana Department of Environmental Management
5. In the event that the civil penalty required by Order Condition
2 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.
6. 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.
7. 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.
8. 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.
9. 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 St. Joseph
County Parks Dept.
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 __________________, 2004.
For the Commissioner:
signed
Felicia A. Robinson
Deputy Commissioner
Legal Affairs