STATE OF
) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
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v. ) Case No. 2003-13484-H
)
HERITAGE TRANSPORT, LLC, )
)
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
2. Respondent is Heritage Transport, LLC ("Respondent"), a
hazardous waste transporter with U.S. EPA ID No.
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:
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James C. Fehsenfeld |
Thomas L. Mattix, Registered Agent for |
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Heritage Transport, LLC |
Heritage Transport, LLC |
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5400 |
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5. Respondent notified the U.S. EPA of transporter activities on
6. An inspection on
A. Pursuant to 40 CFR 263.20, a transporter of hazardous waste must ensure that the manifest accompanies the hazardous waste and that the date of delivery and the hand written signature of the owner or operator of the designated facility on the manifest are obtained. Respondent failed to ensure that the original manifest from the generator accompanied hazardous waste and that the date of delivery and the hand written signature of the owner or operator of the designated facility on the manifest were obtained. Due to a mix-up at the Site, hazardous waste was transported off-site from the facility without its original manifest, thereby not allowing the date of delivery and the hand written signature of the owner or operator of the designated facility on the original manifest to be obtained. Although the generator listed the hazardous waste on manifest IL 10379539 as being transported by Respondent and being delivered to Von Roll America, Inc., the hazardous waste was transported by Future Environmental and delivered to U.S. Liquids after transport from the Site.
B. Pursuant to 40 CFR 263.21, a transporter of hazardous waste must deliver the entire quantity of hazardous waste which he has accepted from the generator or a transporter to the designated facility listed on the manifest. Respondent failed to deliver the entire quantity of hazardous waste which was accepted from the generator to the designated facility listed on the manifest. Due to a mix-up at the Site, the entire quantity of hazardous waste accepted from the generator was not delivered to the designated facility listed on the original manifest. Although the generator listed the hazardous waste on manifest IL 10379539 as being transported by Respondent and being delivered to Von Roll America, Inc., the hazardous waste was transported by Future Environmental and delivered to U.S. Liquids after transport from the Site.
Upon discovery of the mix-up, Respondent took prompt action to notify the generator, transporter, and disposal facilities. Although approximately 2500 gallons went through U.S. Liquid's treatment system (neutralization by use of potassium permanganate) and were released into the POTW, Respondent took prompt action to sample, analyze, and make proper treatment and disposal arrangements for the remaining volume of the affected waste (approximately 2500 gallons).
7. 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. Upon the Effective Date of this Agreed Order, Respondent shall provide IDEM with procedures taken at the Site to minimize the risk of mix-ups, such as the one detailed in Finding 6 above, from occurring. Respondent shall ensure that hazardous waste transferred from the Site is accompanied by the original manifest from the generator.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
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Brenda Lepter, Enforcement Case Manager |
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Office of Enforcement |
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Indiana Department of Environmental Management |
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4. Respondent is assessed 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.
5. 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:
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Cashier |
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IDEM |
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6. In the event that the civil penalty required by Order paragraph 4 is not paid within 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.
7. 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.
8. 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.
9. 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.
10. 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 _______________, 2004.
For the Commissioner:
Signed 5/6/04
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs