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BEFORE
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COMMISSIONER
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Complainant, |
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Case
No. 2004-14698-A |
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TERRY
KNEPP d/b/a TATER’S WOODWORKING, INC., |
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Respondents |
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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
2.
Respondents is Terry Knepp d/b/a Tater’s Wordworking, Inc.,
who owns and operates a furniture manufacturing facility located at Billings
Road in Washington, Daviess County,
Indiana (the “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 21, 2006, IDEM issued
a Notice of Violation via Certified Mail to:
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Terry
Knepp |
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Tater’s
Woodworking, Inc. |
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Route
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5.
On October 15, 2004 a representative of the IDEM’s Office of
Air Quality (OAQ) conducted an investigation at the site. The following violation was in existence or
observed at the time of this inspection:
a.
Pursuant to 326 IAC 4-1-2, open burning is prohibited unless
exempted by rule or an approval is obtained.
During the inspection the IDEM representative
observed waste material burning in a cement pit, a violation of 326 IAC 4-1-2.
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.
1.
Respondents shall comply with 326 IAC 4-1-2,
2.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
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Kristopher M. Grinnell, Enforcement Case Manager |
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Office of Enforcement |
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Indiana Department of Environmental Management |
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3.
Respondents are assessed a civil penalty of One Thousand
Five Hundred ($1,500.00). 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.
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:
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Cashier |
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Indiana Department of Environmental Management |
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5.
In the event that the civil penalty required by Order
paragraph No. 4 is not paid within thirty (30) days of the Effective Date of this
Agreed Order, 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,
its 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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Terry
Knepp d/b/a Tater’s Woodworking Inc. |
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By: |
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David P. McIver |
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Chief, Air Section |
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Office
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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Department
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Office
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Date: |
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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
on July 6, 2006 |
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Matthew
T. Klein |
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Assistant
Commissioner for |
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Compliance
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