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. 2003 - 13434 - S
					)	CASE NO. 2003 - 13437 - S
GILBERT MCKNIGHT,					)	CASE NO. 2003 - 13438 - S
MCKNIGHT BULK HAULING, INC., and					)
MCKNIGHT DEMOLITION, INC.,					)
					)
	Respondents.				)

AGREED ORDER

The Complainant and the Respondents desire to settle and compromise these actions 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. Respondents are Gilbert McKnight, who owns the property, and McKnight Bulk Hauling, Inc. and McKnight Demolition, Inc. (“Respondents”), which operate the businesses located at 939 W. Troy Ave., 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, on February 17, 2004, IDEM issued Notices of Violation via Certified Mail to:

Gilbert McKnight

1120 Bluff Crest

Indianapolis, IN 46217

Danny McKnight, President

McKnight Bulk Hauling, Inc.

939 W. Troy Ave.

Indianapolis, IN 46225

Danny McKnight, President

McKnight Demolition, Inc.

939 W. Troy Ave.

Indianapolis, IN 46225

5. Inspections on May 1, August 25, and September 29, 2003, were conducted at the Site by a representative of IDEM’s Office of Land Quality (OLQ). The following violations were in existence or observed at the time of these inspections:

A. Pursuant to 329 IAC 11-9-1(a), unless excluded in 329 IAC 11-3, any person who operates a solid waste processing facility shall have a solid waste facility permit under 329 IAC 11-9.

Respondents operated a solid waste processing facility at the Site without a solid waste facility permit under 329 IAC 11-9.

B. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

Respondents caused and/or allowed the storage, containment or disposal of solid waste at the Site, creating a threat to human health and the environment.

C. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited.

Respondents caused and/or allowed solid waste to be open dumped at the Site.

D. Pursuant to IC 13-30-2-1(3), a person may not deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one of the boards.

Respondents caused and/or allowed solid waste to be deposited at the Site without a permit, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are rules adopted by the Indiana Solid Waste Management Board.

E. Pursuant to IC 13-30-2-1(4), a person may not deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board.

Respondents caused and/or allowed solid waste to be deposited at the Site without a permit, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are rules adopted by the Indiana Solid Waste Management Board.

F. Pursuant to IC 13-30-2-1(5), a person may not dump or cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board.

Respondents caused and/or allowed the open dumping of solid waste at the Site, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are rules adopted by the Indiana Solid Waste Management Board.

6. A Site inspection on September 29, 2004, showed that all solid waste that littered the concrete pad, as referenced in the above violations, has been removed to an approved solid waste management facility.

7. In recognition of the settlement reached, the 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. The Respondents shall cease depositing and processing solid waste at the Site unless and/or until a solid waste facility permit is issued for the Site pursuant 329 IAC 11-9.

3. The Respondents are assessed jointly and severally a civil penalty of Nine Thousand Dollars ($ 9,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

4. The civil penalty is payable by check to the Environmental Management Special Fund. The check shall include Case Numbers 2003-13434- S, 2003-13437-S, and 2003-13438-S and shall be mailed to:

Cashier

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

5. In the event that the civil penalty required by Order Condition # 3 is not paid within 30 days of the Effective Date of this Agreed Order, the 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, jointly and severally, 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 its 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.

TECHNICAL RECOMMENDATION:		RESPONDENTS:
Department of Environmental Management		Gilbert McKnight
By:	_____________________________	By:	______________________________
	Paul Higginbotham, Chief
	Solid Waste Section
	Office of Enforcement
Date:	_____________________________	Date:	______________________________
		McKnight Bulk Hauling, Inc.
		McKnight Demolition, Inc
		By:	______________________________
		Printed:	______________________________
		Title:	_____________________________
		Date:	______________________________
COUNSEL FOR COMPLAINANT:		COUNSEL FOR RESPONDENT:
Department of Environmental Management		Van Valer Law Firm
By:	_____________________________	By:	______________________________
	Nicole L. Sipe
	Office of Legal Counsel
Date:	_____________________________	Date:	______________________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _________ DAY OF _______________________, 2005.

For the Commissioner:

Signed on February 8, 2005

Linda Runkle

Assistant Commissioner