STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

 

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

) CASE NO. 2001-10617-S

v. )

)

BRUCE CASTLE, )

)

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.

2. Respondent is Bruce Castle (hereinafter referred to as "Respondent"), who owns and operates a salvage yard, located on Walnut Street in Jasonville, Green County, Indiana ("Site").

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
  1. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

    2. Mr. Bruce Castle

    P.O. Box 148 C

    Jasonville, IN 47438

     

     

  2. A designated representative of IDEM conducted an inspection of the Site on June 25, 2001.
  3. Based on information gathered by IDEM during the above noted inspection, the Respondent has been found in violation of:

A. Pursuant to IC 13-30-2-1(3), no person may deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one (1) of the boards. Respondent has caused and/or allowed the deposit of regulated solid waste at the Site.

B. Pursuant to IC 13-30-2-1(4), no person may deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board. Respondent has caused and/or allowed the deposit of regulated solid waste at the Site.

C. Pursuant to IC 13-30-2-1(5), no person may dump or cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board. Respondent has caused and/or allowed the deposit of regulated solid waste at the Site.

D. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination. Respondent has caused and/or allowed the deposit of regulated solid waste at the Site.

E. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147 are prohibited. Respondent has caused and/or allowed the deposit of regulated solid waste at the Site.

7. 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. The Respondent shall comply with all applicable laws and rules from the date of issuance of this Agreed Order.
  1. The Respondent shall immediately cease depositing regulated solid waste at the Site.
  2. The Respondent shall, within sixty (60) days of the Effective Date of this Agreed Order, remove and properly dispose of all regulated solid waste at the Site. All regulated solid waste must be disposed of at a state approved solid waste management facility.
  3. The Respondent shall, within seventy five (75) days of the Effective Date of this Agreed Order, submit documentation of proper disposal of the regulated solid waste. Documentation shall include receipts for disposal from a state approved solid waste management facility.

    4. 6. 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 North Senate Avenue

    P.O. Box 6015

    Indianapolis, Indiana 46206-6015

  4. Respondent is assessed a civil penalty of three thousand four hundred dollars ($3,400.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund per the following:
    1. Respondent shall make four equal quarterly payments of eight hundred and fifty dollars ($850.00) to the Environmental Management Special Fund on February 1, 2002, May 1, 2002, August 1, 2002, and November 1, 2002.

b. 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 nine thousand seven hundred and fifty ($9,750.00) dollar civil penalty to the Environmental Management Special Fund within thirty (30) days of receipt of the notice to pay by IDEM.

 

 

 

 

 

8. In the event the following terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:

Violation Penalty

Order Condition #4 $1,000.00 per week clean up is late

Order Condition #5 $100.00 per week documentation is late

9. 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 assessment of any of the stipulated penalty 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.

10. 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 North Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46207-7060

  1. In the event that the civil penalty required by Order Paragraph 7 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.

12. 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.

13. 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.

14. 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.

15. 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 Bruce Castle

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 __________________, 2002.

 

For the Commissioner:

 

 

Signed on February 1, 2002

_________________________

Felicia A. Robinson

Deputy Commissioner

Legal Affairs