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.

KENTUCKY WOOD FLOORS, LLC,

Respondent.

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Case No. 2006-15866-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 Kentucky Wood Floors LLC ("Respondent"), which owns and operates the facility with U.S. EPA ID No. INR 000109207, located at 15412 Highway 62, in Charlestown, Clark 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:

 

Randall F. Koetter, Registered Agent

Kentucky Wood Floors, LLC

533 Louis Smith Road

Borden, IN 47106

 

5.       A Violation Letter was issued to Respondent on April 20, 2006, stating that IDEM had not yet received Respondent’s 2005 Biennial Report and requiring that it be submitted within thirty (30) days.

 

6.       A review of IDEM records pertaining to the Site was conducted on April 20, 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(c) and 329 IAC 3.1-7-14, a hazardous waste large quantity generator (LQG), i.e., a person that generates, in any one or more calendar months of a calendar year:

 

a)       more than one hundred (100) kilograms of hazardous waste;

b)       at least one (1) kilogram of acute hazardous waste; or

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

accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department either the Biennial Report required by the United States Environmental Protection Agency (U.S. EPA) concerning the person’s waste activities during the previous calendar year, or an Annual Manifest Report on forms provided by the department, that summarizes the person’s hazardous waste shipments during the previous calendar year.  LQGs are required to submit the Hazardous Waste Biennial Report required by the U.S. EPA by March 1 of each even numbered year and the IDEM Annual Manifest report by March 1 of each odd numbered year.

 

7.               Respondent notified the U.S. EPA and IDEM of LQG activities at the Site on June 9, 2005.  IDEM has no indication that Respondent ceased LQG activities at the Site in 2005, and thus believes that Respondent was required to submit a 2005 Biennial Report by March 1, 2006.

 

8.               As of July 27, 2006, Respondent had not submitted a 2005 Biennial 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 a Biennial Report for 2005.

 

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

 

Deirdre Wyatt, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Enforcement                  Mail Code 60-02

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

4.       Respondent is assessed a civil penalty of Two Thousand Seven Hundred Fifty Dollars ($2,750).  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.

 

5.       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

 

6.       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.

 

7.       Civil and 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

 

8.       In the event that the civil penalty required by Order paragraph 4 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent 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.

 

9.       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.

 

10.     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.

 

11.     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.

 

12.     This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Nancy L. Johnston, Chief

 

Printed:

 

 

Hazardous Waste Section

 

Title:

 

 

Office of Enforcement

 

 

 

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

 

, 2006.

 

 

For The Commissioner:

 

 

 

Signed on October 5, 2006

 

Matthew T. Klein

 

Assistant Commissioner

 

of Compliance and Enforcement