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. 2002-12119-H

)

TRILITHIC, 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 Trilithic, Inc. ("Respondent"), which operates the company with U.S. EPA ID No. IND 984 874 305, located at 9202 E. 33rd Street, in Indianapolis, Marion 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:

Bruce Malcolm, President Jeri Woodcock, Registered Agent for:

Trilithic, Inc. Trilithic, Inc.

9202 E. 33rd Street 9202 E. 33rd Street

Indianapolis, Indiana 46236 Indianapolis, Indiana 46236

5. Respondent notified the U.S. EPA of Small Quantity Generator activities.

6. 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.

7. 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.

8. 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;
    1. less than one (1) kilogram of acute hazardous waste; or
    2. 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. After receiving the May 10, 2002, Violation Letter, Respondent mailed its annual manifest report to IDEM.

10. 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 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.

3. 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.

4. 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.

5. 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 _______________, 2003.

 

 

For the Commissioner:

Signed 1/29/03

___________________________

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs