) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER
OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2004-13867-A
)
TRIAD MINING, 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 (AComplainant@) of the Indiana Department
of Environmental Management, a department of the State of
2. Respondent is Triad Mining, Inc. (ARespondent@), which owns and operates a
coal mine known as Augusta Mine with federal ID No. 125-00040, located at
Highway 64, in Winslow, Pike County, Indiana (ASite@).
3. The
4. Pursuant to IC 13-30-3-3, on
[date AC signed NOV] IDEM issued a Notice of Violation via Certified Mail to:
|
Mr. Timothy R. Aull, President |
CT Corporation System, |
|
Triad Mining, Inc. |
Registered Agent for Triad Mining, Inc. |
|
|
|
|
|
|
An inspection, on
Pursuant to 326 IAC
A. This source allowed fugitive emissions to cross property line at ground
level, a violation of
326 IAC
B. Pursuant to 326 IAC
This source allowed its trucks to track mud
onto a public thoroughfare, a violation of 326 IAC
6. 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. Respondent shall comply with 326 IAC 6-4.
3. Respondent shall perform sweeping or watering of the Site’s loading
entrance and the adjacent thoroughfare at least once a day every day unless
there is at least one tenth of an inch (1/10") of precipitation on that
day. Respondent shall conduct visual
observations of the Site’s loading entrance at least once per shift every day,
at least two to three hours after sweeping or watering. Should any visible dust be observed,
generated by either wind, vehicular traffic, or any other activities,
Respondent shall perform additional sweeping or watering immediately after the
observation.
4. To document compliance with Order paragraph 3 above, Respondent shall keep written records of the visual observations and results of the observation, sweeping or watering, equipment maintenance, and other relevant activities, including date and time. Respondent shall keep the records at the Site for at least three years and make them available to IDEM’s representative upon request. Respondent shall notify IDEM’s current Office of Air Quality compliance inspector by phone and in writing of every event of deviation from the Order paragraph 3.
5. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Mr. Michael
Stonik, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
6. Respondent is assessed a civil penalty of One Thousand Two Hundred Dollars ($1,200.00). 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.
7. 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 One Hundred Dollars ($100.00)
3 of this Agreed Order per day of violation
Failure to comply with Order paragraph One Hundred Dollars ($100.00)
4 of this Agreed Order per day of violation
8. 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.
9. 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
Indiana Department of Environmental Management
10. In the event that the civil penalty required by Order paragraph 6 of this Agreed Order 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.
11. 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.
12. 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.
13. 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.
14.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department
of Environmental Management Triad
Mining, Inc.
By: _________________________ By: _________________________
David P. McIver
Chief, [Section] Chief,
Air Section Printed:
______________________
Office of
Enforcement
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 ____________________, 20__.
For the Commissioner:
Signed
on
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs