STATE OF INDIANA)BEFORE THE INDIANA DEPARTMENT
)SS:OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION)
COMMISSIONER OF THE DEPARTMENT)
OF ENVIRONMENTAL MANAGEMENT,)
)
Complainant,)
)CASE NO. 2001-10168-S
v.)
)
ED BLAKLEY d/b/a ACROSSTOWN TOWING,)
)
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 (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.
4.Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Ed Blakely d/b/a Acrosstown Towing
1640 East Morgan Street
Martinsville, Indiana 46151 1
5. Designated representatives of IDEM conducted an inspection at the Site on January 6, 1998, February 29, 2000, and March 8, 2000.
6.Based on information gathered by IDEM during the above noted inspection, the Respondent has been found in violation of:
Pursuant to 329 IAC 9-6-5(c), when a UST system has been temporarily closed for twelve (12) months, the owner or operator shall permanently close the UST system if it does not meet the performance standards in 329 IAC 9-2-1 or 329 IAC 9-2.1, except that spill and overfill equipment requirements do not have to be met. The UST system at the Site that has been in temporary closure for more than twelve (12) months and has not been upgraded or permanently closed.
7.The UST Systems at the Site were removed from the ground on November 15, 2002. A UST Closure Report was received by IDEM on March 3, 2003.
8.In recognition of the settlement reached, the 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.This Agreed Order addresses only those violations expressly described in Finding of Fact No. 6, and, except for claims described in Finding of Fact No. 6, does not preclude Complainant from bringing any additional action against the Respondent, including any claim for failure to pay underground storage tanks fees, interest, and penalties and failure to undertake corrective action of an underground storage tank.
3.The Respondent is assessed a civil penalty of zero dollars ($0). This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay.
4.This Agreed Order shall apply to and be binding upon the Respondent, his 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.
5.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.
6.The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
7.This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION:RESPONDENTS:
Department of Environmental ManagementAcrosstown Transport & Auto Sales
By: By:
Paul Higginbotham, Chief
Solid Waste/UST SectionPrinted: Ed Blakley
Office of Enforcement
Title:
Date:
Date:
COUNSEL FOR COMPLAINANT:
By:
Deborah Wright
Enforcement Section
Office of Legal Counsel
Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS DAY OF , 2003.
For the Commissioner:
//signed 8/28/2003//
Felicia A. Robinson
Deputy Commissioner
For Legal Affairs