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 - 12513 - S

)

GEORGE SCHULTZ ) )

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 (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
  1. Respondent is George Schultz (hereinafter referred to as "Respondent"), who owned an underground storage tank system, Facility ID# 14481, located at 101 N. Monticello, Winamac, Pulaski County, Indiana ("the Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via the Pulaski County Sheriff Department to:

George Schultz

454 N. Market

Winamac, IN 46996
 
 
 
 

5. A designated representative of IDEM conducted an inspection at the Site August 21, 2002.

6. Based on information gathered by IDEM during the above noted inspection, the Respondent has been found in violation of:

Pursuant to 329 IAC 9-2.1-1(a), all existing underground storage tanks (UST) shall comply with new UST performance standards under 329 IAC 9-2-1; upgrading requirements under 329 IAC 9-2.1-1 (b) through (d); or the closure requirements under 329 IAC 9-6. The UST systems at the site do not meet the new UST system performance standards, have not been upgraded, and/or have not been properly closed. 7. The Respondent sold the Site in October, 2002. 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.
  2. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Barbara J. Goldblatt, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, Indiana 46206-6015

3. The Respondent is assessed a civil penalty of zero dollars ($0.00). This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay.

4. This Agreed Order shall apply to and be binding upon the Respondent, his officers, directors, principals, agents, successors, subsidiaries, 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.
 
 
 
 

5. In the event that any terms of this 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.

6. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

7. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.

8. This Agreed Order addresses only those violations expressly described in Finding of Fact No. 6, and, except for claims described in Finding of Fact No. 6, does not preclude Complainant from bringing any additional action against Respondent, including any claim for failure to pay underground storage tanks fees, interest, and penalties and failure to undertake corrective action of an underground storage tank.

 TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management George Schultz

By: Paul Higginbotham, Chief By: George Schultz

Solid Waste/UST Section

Office of Enforcement

Date: 6 / 27 / 03 Date: 7 / 15 / 2003
 
 

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: Tom Baker

Office of Legal Council
 
 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS 10 DAY OF OCTOBER, 2003.

For the Commissioner:

Felicia A. Robinson

Deputy Commissioner for Legal Affairs