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. 2002-11754-H

)

INDIANA MARINE PRODUCTS, 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 Indiana Marine Products, Inc. ("Respondent"), which operates the facility with U.S. EPA ID No. IN0 000 013 169, located at 409 Growth Parkway, in Angola, Steuben 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, IDEM issued a Notice of Violation via Certified Mail to:

 

Agreed Order, 2002-11754-H

Indiana Marine Products, Inc.

Page 2

Ryan L. Estes, President Ryan L. Estes, Registered Agent Indiana Marine Products, Inc. Indiana Marine Products, Inc.

220 Lane 150 A, Jimmerson Lake 409 Growth Parkway

Angola, Indiana 46703 Angola, Indiana 46703

    1. Respondent notified the U.S. EPA of Small Quantity Generator activities on September 23, 1993.
    2. IDEM developed annual manifest reporting forms called the ID Form and the Form OS. IDEM mailed those forms along with instructions to Respondent on or about November 5, 2001.
    3. A Violation Letter was issued to Respondent on May 10, 2002, stating that IDEM had not yet received Respondent's 2001 annual manifest report and requiring that it be submitted within thirty (30) days.
    4. A record review on August 12, 2002, was conducted by a representative of IDEM’s Office of Land Quality ("OLQ"). The following violation was in existence or observed at the time of this record review:

Pursuant to IC 13-22-4-3.1(b), a person that generates, in any one or more calendar months of a calendar year:
    1. more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;
    2. less than one (1) kilogram of acute hazardous waste; or
    3. less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year.

Respondent failed to submit its 2001 annual manifest report as required by IC 13-22-4-3.1(b).
    1. On October 16, 2002, IDEM received the Form OS for 2001 from Respondent.

10. On October 18, 2002, IDEM received the ID Form for 2001 from Respondent.

 

 

Agreed Order, 2002-11754-H

Indiana Marine Products, Inc.

Page 3

11. 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 is assessed a civil penalty of Two Thousand Two Hundred Dollars ($2,200). Said penalty amount shall be paid in the following manner: Four (4) quarterly payments of $550 shall be due and payable to the Environmental Management Special Fund. The first payment shall be paid within thirty (30) days of the Effective Date of this Agreed Order, and each payment thereafter shall be paid ninety (90) days after the previous payment.

3. The civil penalty is 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

4. In the event that the civil penalty required by Order paragraph 2, 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.

5. 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.

6. 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.

 

 

 

Agreed Order, 2002-11754-H

Indiana Marine Products, Inc.

Page 4

7. 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.

8. 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: ________________________

 

 

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 on 12/12/02________

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs