STATE
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BEFORE
THE INDIANA DEPARTMENT
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OF ENVIRONMENTAL
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL
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Complainant, |
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v. |
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Case No. 2005-14418-H |
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d/b/a RIDGE AND SONS
SALVAGE, |
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Respondent |
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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. Pursuant to IC 13-30-3-3, entry into the
terms of this Agreed Order does not constitute an admission of any violation
contained herein. Respondent’s entry
into this Agreed Order shall not constitute a waiver of any defense, legal or
equitable, which Respondent may have in any future administrative or judicial
proceeding, except a proceeding to enforce this 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
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 March 18, 2005, IDEM issued a
Notice of Violation via Certified Mail to:
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Mr. John Ridge |
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5.
Respondent owns and operates a salvage yard and collects
scrap metal for processing at another location.
6.
An inspection on May 12, 2004, was 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 this inspection:
a.
Pursuant to 40 CFR 262.11, a person who generates a solid
waste must determine if that waste is hazardous. Specifically, Respondent did not make
hazardous waste determinations on the contents of numerous unlabeled 55-gallon
drums which were solid waste generated by Respondent. Subsequent to the inspection, Respondent
determined that the drums either contained blacktop sealer or were empty.
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. Specifically, Respondent
caused and/or allowed automotive fluids,
oil, waste tires, and other solid waste to be disposed on the ground in several
areas at the Site in a manner which creates a threat to human health or 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. Specifically, Respondent caused and/or
allowed automotive fluids, oil, waste tires and other solid waste, to be open
dumped on the ground in several areas, particularly in the fenced areas near at
the rear of the Site.
d.
Pursuant to IC 13-30-2-1(3), no person shall deposit any
contaminant upon the land in a place or manner that creates or would create a
pollution hazard that violates or would violate 329 IAC 10-4-2 and 329 IAC
10-4-3. Specifically, Respondent deposited
automotive fluids, oil, waste tires and other solid waste on the ground in
several areas at the Site.
e.
Pursuant to IC 13-30-2-1(4), no person shall deposit or
cause or allow the deposit of 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. Specifically, Respondent caused and/or allowed automotive
fluids, oil, waste tires and other solid waste to be deposited at the Site in a
manner unacceptable to the solid waste management board.
f.
Pursuant to IC 13-30-2-1(5), no person shall dump or cause
or allow the open dumping of garbage or any other solid waste in violation of
329 IAC 10-4-2 and 329 IAC 10-4-3.
Specifically, Respondent caused and/or allowed automotive fluid, oil,
waste tires and other solid waste to be open dumped at the Site.
g.
Pursuant to IC 13-30-2-1(1), no person shall discharge,
emit, cause, or allow any contaminant or waste, including any noxious odor,
either alone or in combination with contaminants from other sources, into the
environment in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3. Specifically, Respondent allowed waste
automotive fluids and oil to be released into the environment in several areas
at the Site.
7.
On February 2, 2006 and February 10, 2006, Respondent
submitted documentation to IDEM that 55 gallon drums, tires and other solid
wastes have been removed and disposed.
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 his 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 comply with IC 13-30-2-1(1).
Specifically, Respondent shall take immediate steps to capture any
potential release of fluids and immediately cease allowing the release of
contaminants into the environment.
3.
Upon the Effective Date of this Agreed Order, Respondent
shall cease open dumping at the Site.
4.
Within sixty (60) days of the Effective Date of this Agreed
Order, Respondent shall comply with IC 13-30-2-1(3), (4) and (5). Specifically, Respondent shall clean up the
releases at the Site by excavating the soil six inches beyond visible
contamination.
5.
Within sixty (60) days of the Effective Date of this Agreed
Order, Respondent shall fill the area excavated in the fenced area at the rear
of the Site with clean fill dirt topped and maintained with gravel.
6.
Within seventy-five (75) days of the Effective Date of this
Agreed Order, Respondent shall submit to IDEM documentation that releases in
the above areas have been cleaned up and that gravel has been placed in the
area excavated in the fenced area at the rear of the Site.
7.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
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Nancy Johnston, Section Chief |
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Indiana Department of Environmental Management |
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Office of Enforcement Mail Code 60-02 |
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8.
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:
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Violation |
Penalty |
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Failure to comply with Order paragraph 4 |
$500 per week |
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Failure to comply with Order paragraph 5 |
$500 per week |
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Failure to comply with Order paragraph 6 |
$500 per week |
9.
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.
10.
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:
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Indiana Department of Environmental Management |
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Cashier’s Office Mail Code 50-10C |
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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.
Notwithstanding any other provision of this Agreed Order,
the Complainant reserves, and this Agreed Order is without prejudice to, the
right to institute proceedings in this action or in a new action for injunctive
relief, costs, civil penalty and/or remediation of environmental contamination
that is either discovered after the entry into the Agreed Order or that has not
been adequately remedied despite compliance by Respondent with the terms of
this Agreed Order.
14.
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.
15.
This Agreed Order shall remain in effect until IDEM issues a
Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department
of Environmental Management |
Mayhugh Auto Sales |
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By:
__________________________ |
By:
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Nancy L. Johnston, Chief |
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Office of Enforcement |
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Printed:
__________________ |
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Title:
_ ___________________ |
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Date:
________________________ |
Date:
____________________ |
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COUNSEL
FOR COMPLAINANT: |
COUNSEL
FOR RESPONDENT: |
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Department
of Environmental Management |
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By:
______________ __________ |
By:
__________________________ |
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Office of Legal Counsel |
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Date:
_______________________ |
Date:
________________________ |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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For The Commissioner: |
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Signed 2/28/06 |
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Matthew T. Klein |
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Assistant Commissioner |
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of Compliance and
Enforcement |
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