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.

CITY OF EAST CHICAGO, INDIANA,

Respondent.

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Case No. 2006-15672-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 the City of East Chicago, Indiana ("Respondent"), which owns and operates the facility with U.S. EPA ID No. INR000115220, located at 5400 Cline Avenue in East Chicago, Lake 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 June 13, 2006, IDEM issued a Notice of Violation via Certified Mail to:

 

The Honorable George Pabey, Mayor

City of East Chicago, Indiana

4527 Indianapolis Blvd

East Chicago, Indiana 46312

 

5.                  Respondent notified the U.S. EPA and IDEM of Small Quantity Generator (SQG) activities at the Site on September 21, 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.                  Respondent submitted the OS Form and the Handler ID Form on September 1, 2006.

 

10.             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.                  Respondent shall comply with Indiana Code 13-22-4-3.1(b).  Respondent is currently a conditionally exempt small quantity generator.  Upon a change of generator status, Respondent shall submit timely Annual Manifest Reports before March 1 of each year.

 

3.                  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.

 

4.                  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.

 

5.                  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.

 

6.                  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

 

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For The Commissioner:

 

 

 

Signed on November 29, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement