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. 2002-12160-H

)

WFBQ RADIO, )

)

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 WFBQ Radio ("Respondent"), which operates the facility with U.S. EPA ID No. INR000102970, located at 6161 Fall Creek Rd. 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:

Chris Wheat, President

WFBQ Radio

6161 Fall Creek Rd.

Indianapolis, IN 46220
    1. Respondent notified the U.S. EPA of Small Quantity Generator activities on May 18, 2001.
    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.

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;
      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).

9. 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.
    1. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit an annual manifest report for 2001, including the ID Form and the Form OS. The Form OS and instructions to the ID Form and Form OS can be obtained from IDEM's web site at www.IN.gov/idem/land/hazwaste/manifest/amr.html. Both the Form OS and the ID Form can be obtained upon request at:

      2. Facilities Data Section

      Indiana Department of Environmental Management

      100 North Senate Ave.

      P.O. Box 6015

      Indianapolis, IN 46206-6015

    2. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Deirdre Wyatt, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

4. Respondent is assessed a civil penalty of Two Thousand, Seven Hundred Fifty Dollars ($2,750). 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.

5. 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

6. 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.

7. 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:

 

 

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

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

9. 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.

10. 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.

11. 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.

12. 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:

 

_____January 6, 2003______

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs