Indiana Department of Environmental Management

We make Indiana a cleaner, healthier place to live.

Frank O'Bannon 100 North Senate Avenue

Governor P.O. Box 6015

Indianapolis, Indiana 46206-6015

Lori F. Kaplan (317) 232-8603

Commissioner (800) 451-6027

www.ai.org/idem

 

 

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. 2002-11502-S

)

JOE BEARD & SONS, 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.

2. Respondent is Joe Beard & Sons, Inc. (ARespondent@), which owns and operates a septic service business located at 2018 South Evans Ave., in Evansville, Indiana (ASite@).

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 27, 2002, IDEM issued a Notice of Violation via Certified Mail to:

Ronald J. Beard

President & Registered Agent

Joe Beard & Sons, Inc.

2018 S. Evans Ave.

Evansville, IN 47713

5. An inspection, on February 28, 2002, 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:
    1. Pursuant to 327 IAC 7-7-1(a), no facilities for the storage of wastewater shall be constructed or installed without prior approval of the commissioner and compliance with this rule (327 IAC 7-7). Respondent operated a wastewater storage facility at the Site prior to receiving approval from the Commissioner, in violation of 327 IAC 7-7-1(a).
    2. 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 or allowed the storage or disposal of solid waste at the Site causing contamination, in violation of 329 IAC 10-4-2.
    1. 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 or allowed the open dumping of solid waste at the Site, in violation of 329 IAC 10-4-3.

D. 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 discharged pollutants onto the ground at the Site causing pollution, in direct violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, rules adopted by the Solid Waste Management Board and in direct violation of 327 IAC 7-7-1(a), a rule adopted by the Water Pollution Control Board, thus violating IC 13-30-2-1(1).

    1. An inspection, on March 1, 2002, was conducted at the Site by a representative of IDEM=s Office of Land Quality (OLQ). The inspection confirmed that the waste in the earthen pit had been removed and disposed of at a regulated waste disposal facility.
    2. 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 comply with all applicable environmental rules, regulations and statutes.

3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Craig Henry, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

    1. Respondent is assessed a civil penalty of Eight Thousand Three Hundred ($8,300.00) Dollars. 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.
    2. 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:

      3. Cashier

      Indiana Department of Environmental Management

      100 N. Senate Avenue

      P. O. Box 7060

      Indianapolis, IN 46207-7060

    3. In the event that the civil penalty required by Order paragraph 5 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.
    4. 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.
    1. 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.
    2. 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.
    3. 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 Joe Beard & Sons, Inc.

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

Date: _______________________ Date: ______________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2002.

 

 

For the Commissioner:

 

Adopted September 20, 2002

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs