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. 2002-11336-S
)
GLISSON'S SALVAGE, INC.,
)
)
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.
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Respondent is Glisson's Salvage, Inc. ("Respondent@),
who owns and operates a salvage yard located at 2220 First Avenue, Evansville,
Vanderburgh County, Indiana ("the 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, on June 7, 2002, IDEM issued a Notice of
Violation via Certified Mail to:
Mr. Hardee E. Glisson Jr., President
Glisson's Salvage, Inc.
2220 First Avenue
Evansville, IN 47711
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An inspection on November 2, 2001, was conducted of 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 the inspection:
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Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the
state as a point source discharge, except for exclusions made in 327 IAC
5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained
prior to the discharge. Respondent discharged pollutants from the Site
into Pigeon Creek, waters of the state, without a valid NPDES permit.
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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 caused and/or allowed the deposition of solid waste at the Site
in a manner which created a threat to human health or the environment.
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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
caused and/ or allowed the open dumping of solid waste at the Site.
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Pursuant to 327 IAC 2-6.1-7, any person who operates, controls or maintains
any mode of transportation or facility from which a spill occurs shall,
upon discovery of a reportable spill to the soil or surface waters of the
state contain the spill, if possible, to prevent additional spilled material
from entering the waters of the state; undertake or cause others to undertake
activities needed to accomplish a spill response; and as soon as possible,
but within two (2) hours of discovery, communicate a spill report to the
Department of Environmental Management, Office of Environmental Response.
Respondent allowed spills of automotive fluids and contaminated stormwater
from the Site to Pigeon Creek, waters of the state, to occur and they were
not properly contained, and responded to.
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Pursuant to IC 13-30-2-1(1), a person may not discharge, emit, cause, allow,
or threaten to discharge, emit, cause, or allow any contaminant or waste
into the environment or any publicly owned treatment works in any form
that causes or would cause pollution that violates or would violate rules,
standards, or discharge or emission requirements adopted by the appropriate
board under the environmental management laws. Respondent allowed the discharge
of pollutants from the Site into Pigeon Creek, waters of the state, in
violation of 327 IAC 2-1-6(a)(1) and 327 IAC 5-2-2, which are rules adopted
by the Indiana Water Pollution Control Board, and thus violated IC 13-30-2-1(1).
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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. Respondent caused and/or allowed the deposition of solid waste
at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are
rules adopted by the Solid Waste Management Board, and thus violated IC
13-30-2-1(3).
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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 grinding,
or another method acceptable to the solid waste management board. Respondent
caused and/or allowed the deposition of solid waste at the Site in violation
of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are rules adopted by the Solid
Waste Management Board, and thus violated IC 13-30-2-1(4).
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Pursuant to IC 13-30-2-1(5), a person may not 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 caused and/or allowed
the deposition of solid waste at the Site in violation of 329 IAC 10-4-2
and 329 IAC 10-4-3, which are rules adopted by the Solid Waste Management
Board, and thus violated IC 13-30-2-1(5).
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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 remove all solid waste from the Site and dispose
of it at a permitted solid waste management facility within thirty 30 days
of the Effective Date of this Order.
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Respondent shall submit written documentation that the solid waste removed
from the Site has been taken to a permitted solid waste management facility
within forty-five days of the Effective Date of this Order.
4. Respondent shall ensure that all work conducted to satisfy the
requirements of Order Paragraph 2 above is done in compliance with all
applicable federal, state and local laws and regulations.
5. All submittals required by this Agreed Order, unless notified otherwise
in
writing, shall be sent to:
Janet Arnold, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
6. Respondent is assessed a civil penalty of Ten Thousand Six Hundred
Dollars ($10,600). Said penalty amount shall be due and payable to the
Environmental Management Special Fund within 30 days of the Effective Date
of this Agreed Order.
7. 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
Failure to comply with Order paragraph 2
$1000 per week, clean up is late
Failure to comply with Order paragraph 3
$100 per week, submittal is late
8. 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 Respondents 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 Respondents' violation
of this Agreed Order or Indiana law, including, but not limited to, civil
penalties pursuant to IC 13-30-4.
9. 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
10. In the event that the civil penalty required by Order paragraph
6, 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.
11. This Agreed Order shall apply to and be binding upon the Respondent,
their successors and assigns. The Respondents' 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.
12. 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.
13. 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.
14. 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
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 ____________________, 2003.
For the Commissioner:
Signed November 18, 2003
Felicia A. Robinson
Deputy Commissioner
For Legal Affairs