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STATE OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT OF |
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ENVIRONMENTAL MANAGEMENT |
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COUNTY OF MARION |
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COMMISSIONER
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case
No. 2002-11679-A |
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TANK
SERVICES, INC. and |
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UNITED
RAIL SERVICE, INC. d/b/a |
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UNITED
TRANSPORATION GROUP and |
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MICHAEL
V. PELLIN, |
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Respondents. |
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AGREED ORDER
The Complainant and the Respondents 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. Respondents’ entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondents 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. Respondents are Tank Services, Inc. and United Rail Service, Inc. d/b/a United Transportation Group which is a railcar and tanker truck cleaning operation with plant ID No. 089-00469 located at 1150 East 145th Street, in East Chicago, Lake County, Indiana (“Site”) and Michael V. Pellin, sole shareholder of aforementioned companies ("Respondents").
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 September 5, 2002, IDEM issued a Notice of Violation and on September 22, 2003 and May 18, 2004, IDEM issued Amended Notices of Violation via Certified Mail to:
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Michael V. Pellin, President and Registered Agent Tank Services, Inc. and United Rail Service, Inc. d/b/a United Transportation Group [A1150 East 145th Street East Chicago, IN 46312 and Michael V. Pellin, an individual 9701 S. Springfield Ave. Evergreen Park, IL 60805 |
5. An investigation, on September 26, 2001, was conducted of the Site by a representative of IDEM’s Office Air Quality (OAQ). The following violations were in existence or observed at the time of this investigation:
i. Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain a construction permit prior to commencing construction.
Respondents constructed the Railcar Cleaning Operation, Tank Truck Cleaning Operation, and Pressurized Railcar Purging/Degassing Operation located at this source, without first applying for and obtaining a construction permit, a violation of 326 IAC 2-1-3.
ii. Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain an operating permit prior to commencing operation.
Respondents began operating these facilities without first applying for and obtaining an operating permit, a violation of 326 IAC 2-1-4.
iii. Pursuant to 326 IAC 2-7-3, any Part 70 source which has failed to submit a timely and complete Part 70 permit application may not operate after the time that it is required to submit the Part 70 permit application.
Respondents continued to operate following the December 13, 1996 Part 70 permit submission deadline and prior to applying for and receiving a Part 70 permit, a violation of 326 IAC 2-7-3.
iv. Pursuant to 326 IAC 2-7-4, the owner of each Part 70 source shall submit a timely and complete permit application.
Respondents’ Part 70 permit application was received after the December 13, 1996 submission deadline, a violation of 326 IAC 2-7-4.
6. In recognition of the settlement reached, Respondents waive 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 Respondents. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondents shall comply with all applicable rules and regulations.
3. Respondents are assessed a civil penalty of Six Thousand Dollars ($6,000). This penalty reflects a significant reduction based upon evidence submitted by the Respondents which adequately demonstrated an inability to pay. 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.
4. 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
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, Respondents 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 Respondents, 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 Respondents shall in any way alter their 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 Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondents shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
9. This Agreed Order shall remain in effect until Respondents have complied with all terms and conditions of this Agreed Order.
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TECHNICAL RECOMMENDATION: |
RESPONDENTS: |
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Department of Environmental Management |
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By: __________________________ |
By: ________________________ |
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David P. McIver |
Printed: __________________ |
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Chief, Air Section |
Title: ________________________ |
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Office of Enforcement |
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Date: __________________________ |
Date: ________________________ |
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COUNSEL FOR COMPLAINANT: |
COUNSEL FOR RESPONDENTS: |
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Department of Environmental Management |
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By: ___________________________ |
By: ________________________ |
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Office of Legal Counsel |
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Date: ___________________________ |
Date: ________________________ |
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 20__.
For the Commissioner:
Signed 11/8/04
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs