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. 2001-10145-S

)

MARCUS AND MARSHA WASKOM )

)

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 Marcus and Marsha Waskom (ARespondent@), who owns and operates a confined feeding operation located at 886 North S.R. 11, Seymore, Jackson County, Indiana ("Site").

3. The Indiana Department of Environmental Management (AIDEM@) 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:

Marcus and Marsha Waskom

9270 North County Rd. 625 E.

Seymour, IN 47274

5. Designated representative of IDEM conducted an inspection at the Site on December 11, 2000.

6. Based on information gathered by IDEM during the above noted inspection, the following violation was observed:
    1. Pursuant to IC 13-30-2-1(1), no person may discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board pursuant to this article. This violation is based on the fact that on December 11, 2000, there was a spill of hog manure that was allowed to discharge from the Site into the environment.

7. Based on further investigation, IDEM determined that the Respondent complied with 327 IAC 2-6.1, Spill Rule.

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. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit a Spill Response Plan. Attachment A of this Agreed Order outlines the elements that need to be included in a Spill Response Plan.

 

 

 

 

 

3. Within Sixty (60) days of the Effective Date of this Agreed Order, the Respondent shall submit a complete Indiana Department of Environmental Management Confined Feeding Facility Approval Application for the Site pursuant to IC 13-18-10-2. This Approval Application shall be sent to:

Jerome Rud, Chief

Confined Feeding Program, Land Use Section

Office of Solid and Hazardous Waste Management (N1120)

Indiana Department of Environmental Management

100 North Senate Avenue, P.O. Box 6015

Indianapolis, Indiana 46206-6015

4. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Dirk Andres, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

  1. Respondent is assessed a civil penalty of two thousand seven hundred and fifty dollars ($2,750.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund.
    1. Respondent shall make four (4) equal quarterly payments of six hundred eighty

      2. Seven dollars and fifty cents ($687.50) to the Environmental Management Special Fund on August 1, 2001, November 1, 2001, February 1, 2002, and May 1, 2002.

    2. If IDEM determines at any time during the effective period of this Agreed Order

That the Respondent has failed to comply with any conditions of this Agreed Order, subject to any extension granted by IDEM, the Respondent agrees to pay the entire unpaid balance of the two thousand seven hundred and fifty dollar ($2,750.00) civil penalty to the Environmental Management Special Fund within thirty (30) days of receipt of the notice to pay by IDEM.

6. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

Violation Penalty

Order Condition #2 $100.00 per week

Order Condition #3 $100.00 per week

7. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent=s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

8. Civil and stipulated 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

9. In the event that the civil penalty required by Order condition number five (5), 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.

10. 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.

11. 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.

12. 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.

13. 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 Marcus and Marsha Waskom

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 on July 26, 2001

___________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

 

 

 

 

 

 

 

bcc: Sierra Cutts, Office of Legal Counsel

Dirk Andres, Office of Enforcement

Tim Hotz, Office of Land Quality

Captain Anthony Wilson, IDNR/IGCS