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. 2001-10834-S

)

TRESHA MORITZ, D/B/A )

CITTER SEPTIC, )

)

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.

2. Respondent is Tresha Moritz, d/b/a Citter Septic ("Respondent"), who owns and operates a septic service company, permit 920 located at 11330 Birchway Drive, Osceola, St. Joseph County, Indiana.

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, on November 20, 2001, IDEM issued a Notice of Violation via Certified Mail to:

Tresha Moritz, d/b/a/

Citter Septic

11330 Birchway Drive

Osceola, Indiana 46561
    1. On September 6, 2001, a representative of IDEM=s Office of Land Quality (OLQ) conducted an inspection at 11330 Birchway Drive, Osceola, St. Joseph County, Indiana. The following violation was in existence or observed at the time of this inspection:

      2. a. Pursuant to 327 IAC 7-4-1, no vehicle shall be used to service sewage disposal systems or transport wastewater without a valid license issued in accordance with this article. The Respondent used a vehicle, without a valid license, to service a sewage disposal system.

      6. Respondent submitted an application for a vehicle license to IDEM's OLQ on January 24, 2002.

      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. Respondent shall not use any vehicle for sewage disposal or to transport wastewater unless the vehicle has a valid license in accordance with 327 IAC 7.

      3. Respondent is assessed a civil penalty of One Thousand Two Hundred Dollars ($1,200). Said penalty amount shall be due and payable to the Environmental Management Special Fund in four (4) installment payments of Three Hundred Dollars ($300). The first installment payment shall be due and payable within thirty (30) days of the Effective Date of this Agreed Order. Each subsequent payment shall be due and payable on July 31, 2002; October 31, 2002; and January 31, 2003.

      4. The civil penalty is 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

      5. In the event that the civil penalty required by Order paragraph 3, is not paid within thirty (30) days of the Effective Date of this Agreed Order and each subsequent due date, 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 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.

      7. 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.

      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.

    2. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.

 

 

 

 

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

 

By: _________________________ By: _________________________

Paul Higginbotham, Chief Tresha Moritz, d/b/a Citter Septic

Solid Waste/UST Section

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 July 23, 2002

Felicia A. Robinson

Deputy Commissioner

For Legal Affairs