STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

MUNCIE RURAL KING SUPPLY, INC.,

Respondent.

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Case No. 2006-15671-H

 

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 Indiana created by IC 13-13-1-1.

 

2.                  Respondent is Muncie Rural King Supply, Inc. ("Respondent"), which owns and operates the facility with U.S. EPA ID No. INR000115444, located at 4000 West Bethel Avenue in Muncie, Delaware 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, IDEM issued a Notice of Violation via Certified Mail to:

 

Mr. Gary W. Melvin, President

CT Corporation System, Registered Agent

Muncie Rural King Supply, Inc.

for Muncie Rural King Supply, Inc.

4216 Dewitt Avenue

251 East Ohio Street, Suite 1100

Mattoon, Illinois 61938

Indianapolis, Indiana 46204

 

5.                  Respondent notified the U.S. EPA and IDEM of Small Quantity Generator (SQG) activities at the Site on October 19, 2005.   IDEM has no indication that Respondent ceased SQG activities at the Site in 2005, and thus believes that Respondent was required to submit a 2005 annual manifest report by March 1, 2006.

 

6.                  IDEM developed annual manifest reporting forms called the ID Form and the Form OS.

 

7.                  A Violation Letter was issued to Respondent on April 3, 2006, stating that IDEM had not yet received Respondent’s 2005 annual manifest report and requiring that it be submitted within thirty (30 ) days.

 

8.                  A review of IDEM records pertaining to the Site was conducted on May 12, 2006, by a representative of IDEM.  The following violation was in existence or observed at the time of this record review:

 

Pursuant to IC 13-22-4-3.1(b), an SQG, i.e., a person that generates, in any one or more calendar months of a calendar year:

 

a)         more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;

b)         less than one (1) kilogram of acute hazardous waste; or

c)         less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

 

accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year.

 

As of May 12, 2006, Respondent had not submitted a 2005 annual manifest report.

 

9.                  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.                  Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit an annual manifest report for 2005, including the ID Form and the Form OS.  The Form OS and instructions to the ID Form and Form OS can be obtained from IDEM’s web site at www.IN.gov/idem/land/hazwaste/manifest/amr.html. Both the Form OS and the ID Form can be obtained upon request at:

 

Indiana Department of Environmental Management

Facilities Data Analysis Section

100 North Senate Avenue - Mail Code 66-20

Indianapolis, IN 46204-2251

 

3.                  All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

 

Linda L. McClure, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Enforcement - Mail Code 60-02

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

4.                  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 2

$100 per week late

 

5.                  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.

 

6.                  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:

 

Indiana Department of Environmental Management

Cashier’s Office - Mail Code 50-10C

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

 

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.

 

 

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

 

 

By:

 

 

By:

 

 

Nancy L. Johnston, Chief

 

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

 

, 200

 

.

 

 

For The Commissioner:

 

 

 

Signed on January 30, 2007

 

Robert B. Keene

 

Assistant Commissioner

 

Legal Counsel and Enforcement