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. 2002-11588-H ) MARBLE WORKS OF INDIANA, 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 ("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 Marble Works of Indiana, Inc. ("Respondent"), which operates the facility with U.S. EPA ID No. INR 000 105 288, located at 1701 North Curry Pike, in Bloomington, Monroe County, Indiana ("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 July 23, 2002, IDEM issued a Notice of Violation via Certified Mail to:
 
 

 Agreed Order, 2002-11588-H

Marble Works of Indiana, Inc.

Page 2

Thomas J. Wienckowski, Incorporator

225 Southwick

Schaumburg, Illinois 60173

Geoffrey M. Grodner, Registered Agent

Mallor Clendening Grodner & Bohrer

511 Woodcrest Drive

P.O. Box 5787

Bloomington, Indiana 47407

Ron Presley, General Manager

Marble Works of Indiana, Inc.

1701 North Curry Pike

Bloomington, Indiana 47401

5. Respondent notified the U.S. EPA of hazardous waste activities on November 2, 2001.

6. A records review on April 26, 2002, was conducted by a representative of IDEM's Office of Land Quality ("OLQ"). The following violations were in existence or observed at the time of this records review:
    1. Pursuant to 329 IAC 3.1-7-14, a generator who ships hazardous waste off-site or treats, stores, recovers, or disposes of hazardous waste must prepare and submit a Biennial Report by March 1 of each even numbered year. Respondent did not submit a Biennial Report for 2001.
    2. Pursuant to IC 13-22-12-7, a person must remit a hazardous waste annual operation fee or an installment established by the department under IC 13-16-2 to the department not more than thirty (30) days after the date the fee is assessed or on the date the installment is due. Respondent did not remit the hazardous waste operation fee for 2001.
7. On August 5, 2002, Respondent submitted to IDEM a Biennial Report for 2001. 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 her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
 
 
 
  Agreed Order, 2002-11588-H

Marble Works of Indiana, Inc.

Page 3
 
 

    1. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall comply with IC 13-22-12-7. Specifically, Respondent shall remit the hazardous waste operation fee of $1,721.50 for 2001.
3. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Jennifer Reno, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

5. Respondent is assessed a civil penalty of Five Hundred Dollars ($500). This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay the original penalty amount assessed based on IDEM's civil penalty policy. 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.

6. 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 $100 per week

7. 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 any of the stipulated penalties 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.

8. 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:

 Agreed Order, 2002-11588-H

Marble Works of Indiana, Inc.

Page 4

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

9. 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.

10. 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.

11. 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.

12. 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.

13. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.
 
 
 
 

 TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

By: __________________________ By: ________________________

Nancy L. Johnston, Chief

Office of Enforcement Printed: __________________

Title: ________________________

Date: __________________________ Date: ________________________
 
 

Agreed Order, 2002-11588-H

Marble Works of Indiana, Inc.

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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:

Signed 11/7/02

___________________________

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs