STATE OF INDIANA

)

 

BEFORE THE INDIANA DEPARTMENT

 

)

SS:

OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION

)

 

 

 

 

 

 

COMMISSIONER OF THE DEPARTMENT

)

OF ENVIRONMENTAL MANAGEMENT,

)

 

 

)

 

Complainant,

)

 

 

)

 

v.

)

Case Nos. 2004-14187-S

 

)

2004-14188-S

PAUL MCKEE AND

)

RALPH BARNES

)

DBA BARNES SEPTIC SERVICE,

)

 

)

 

Respondents.

)

 

 

AGREED ORDER

 

The Complainant and the Respondents 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.                  Ralph Barnes d.b.a. Barnes Septic Service case #2004-14188-S (Respondent #1), who operates a septic service and used the land owned by Paul McKee, and Paul McKee, case 2004-14187-S (Respondent #2)  who owns the land located at the intersection of County Road 1100 North and County Road 250-275 East, in Elnora, Daviess 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 IDEM issued a Notice of Violation via Certified Mail to:

 

Ralph Barnes d.b.a.
Barnes Septic Service
P. O. Box 107
Plainville, Indiana 47568

Paul McKee
Rural Route #1
Box 205
Elnora, Indiana 47529

 

5.                  An inspection, on April 14, 2004, was conducted at the Site by a representative of IDEMs Office of Land Quality (OLQ).  The following violations were in existence or observed at the time of this inspection:

 

A.                 Pursuant to 327 IAC 7.1-7-1 (d) (1), no disposal of wastewater shall be permitted on the land at any property or location without a valid land application approval issued under 327 IAC 7.1-8.

Respondents caused and/or allowed the deposition of wastewater on the land at the site without a valid approval, in violation of 327 IAC 7.1-7-1 (d) (1).

 

6.                  In recognition of the settlement reached, 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 his delegate, and has been received by the Respondents.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondents shall comply with 327 IAC 7.1-7-1 (d) (1) and not dispose of wastewater on unpermitted land without a valid land application approval under 327 IAC 7.1-8.

 

3.                  Respondent, Ralph Barnes d.b.a. Barnes Septic Service, is assessed a civil penalty of Two Thousand Two Hundred Dollars ($2,200).  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.

 

4.                  Civil 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
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060

 

5.                  In the event that the civil penalty required by Order paragraph three (3) is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent, Ralph Barnes d. b. a. Barnes Septic Service 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, 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:

 

RESPONDENT:

Department of Environmental Management

 

Ralph Barnes d.b.a

 

 

Barnes Septic Service

 

 

 

By:

 

 

By:

 

 

Paul Higginbotham, Chief

 

Printed:

 

 

Solid Waste/UST Section

 

 

 

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

RESPONDENT:

Department of Environmental Management

 

Paul McKee

 

 

 

By:

 

 

By:

 

 

Office of Legal Counsel

 

Printed:

 

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2005.

 

 

For The Commissioner:

 

 

 

Signed on May 24, 2005

 

Matthew T. Klein

 

Assistant Commissioner for Compliance

 

and Enforcement