STATE OF INDIANA

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BEFORE THE INDIANA DEPARTMENT

 

)

SS:

OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION

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COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

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)

 

Complainant,

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)

 

v.

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Case No. 2001-11106-S

 

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PAUL’S AUTO YARD, INC.,

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)

 

Respondent.

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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 (“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 Paul’s Auto Yard, Inc. (“Respondent”), which owns and operates the solid waste and auto salvage facility, located at 651 West State Road 2, Westville, La Porte County, Indiana (the "Site").

 

 

3.                  The Indiana Department of Environmental Management (“IDEM”) has jurisdiction over the parties and the subject matter of this action.

 

4.                  Pursuant to IC 13-30-3-3, on May 14, 2002 IDEM issued a Notice of Violation via Certified Mail to:

Paul's Auto Yard, Inc.
Attn: Paul Shafer
651 W SR 2
Westville, IN 46391

 

5.                  An inspection on August 28, 2001, was conducted at the Site by a representative of IDEM’s Office of Land Quality (OLQ).  The following violations were in existence or observed at the time of this inspection:

 

a.                  Pursuant to IC 13-20-6-2(a), before an operator engages in municipal waste transfer activities, the operator and each responsible party must submit a disclosure statement to the department.  The Respondent appeared to be engaged in municipal waste transfer activities and had not submitted a disclosure statement to the department pursuant to IC 13-20-6-2(a).

 

b.                  Pursuant to IC 13-30-2-1(3), a person may not 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. Regulated solid waste was allowed to be placed at the Site without a permit, in violation of 329 IAC 10-4-2 and 3. 329 IAC 11-9-1 and 329 IAC 11-21-3 which are a rules adopted by the Indiana Solid Waste Management Board, thus violating IC 13-30-2-1(3).

 

c.                  Pursuant to IC 13-30-2-1(4), a person may not 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, or another method acceptable to the solid waste management board. Regulated solid waste was allowed to be placed at the Site without a permit, in violation of 329 IAC 10-4-2 and 3. 329 IAC 11-9-1 and 329 IAC 11-21-3 which are a rules adopted by the Indiana Solid Waste Management Board, thus violating IC 13-30-2-1(3).

 

d.                  Pursuant to IC 13-30-2-1(5), a person may not dump, 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. Regulated solid waste appeared to have been allowed to be placed at the Site without a permit, in violation of 329 IAC 10-4-2 and 3. 329 IAC 11-9-1 and 329 IAC 11-21-3 which are a rules adopted by the Indiana Solid Waste Management Board, thus violating IC 13-30-2-1(3).

 

e.                  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.  Regulated solid waste was being stored, contained, processed and disposed at the Site, creating a threat to human health and the environment.

 

f.                    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.  Regulated solid waste was dumped at the Site.

 

g.                  Pursuant to 329 IAC 11-9-1, any person who operates a solid waste processing facility shall have a solid waste facility permit under this article.  Regulated solid waste appeared to have been processed at the Site without a solid waste processing facility permit.

 

h.                  Pursuant to 329 IAC 11-21-3, all transfer stations that haul or ship municipal waste to an Indiana solid waste facility must hold a valid permit under this article.  Regulated municipal solid waste appeared to have been transferred at the Site without a valid transfer station permit.

 

6.                  The Respondent removed and properly disposed of solid waste at the Site within 48 hours of the inspection and has not had further similar violations.

 

7.                  The Respondent requested and received Waste Transportation Activities acknowledgment number IN-03-1433 within three (3) days of the inspection.

 

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 his delegate, and has been received by the Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondent shall comply with IC 13-20-6-2(a), IC 13-30-2-1(3), IC 13-30-2-1(4), IC 13-30-2-1(5), 329 IAC 10-4-2, 329 IAC 10-4-3, 329 IAC 11-9-1, and 329 IAC 11-21-3 which Respondent appeared to be in violation; as cited under “Findings of Facts”.

 

3.                  Respondent shall not cause, and/or allow regulated solid waste to be deposited and/or processed at the Site.

 

4.                  Respondent is assessed a civil penalty of Four Thousand Dollars ($4,000.00).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

 

5.                  Civil 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
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060

 

6.                  In the event that the civil penalty required by Order paragraph [No.] 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.

 

7.                  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.

 

8.                  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.

 

9.                  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.

 

10.              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

 

Paul's Auto Yard, Inc.

 

 

 

By:

 

 

By:

 

 

Paul Higginbotham, Chief

 

Printed:

Paul Shafer

 

Solid Waste/UST Section

 

Title:

 

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

 

Department of Environmental Management

 

 

 

 

 

By:

 

 

 

 

Printed:

 

 

 

 

 

Enforcement Section

 

 

 

 

Office of Legal Counsel

 

 

 

Date:

 

 

 

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 200

 

.

 

 

For The Commissioner:

 

 

 

Signed on May 26, 2005

 

Matthew T. Klein

 

Assistant Commissioner for Compliance

 

& Enforcement