STATE OF INDIANA

)

SS:

BEFORE THE INDIANA DEPARTMENT OF

 

)

 

 

COUNTY OF MARION

)

 

ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

)

 

OF ENVIRONMENTAL MANAGEMENT,

 

)

 

 

 

)

 

Complainant,

 

)

 

 

 

)

 

 

v.

 

)

Case No. 2014-22258-H

BLUFFTON MOTOR WORKS, LLC,

 

)

 

 

 

)

 

Respondents.

 

)

 

 

AGREED ORDER

 

Complainant and 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 (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.

 

2.         Respondent is Bluffton Motor Works, LLC, which owns and operates a facility with U.S. EPA I.D. number INR 000118737, located at 410 E. Spring Street in Bluffton, Wells County, Indiana (the “Site”).

 

3.         IDEM has jurisdiction over the parties and the subject matter of this action.

 

4.         Pursuant to IC 13-30-3-3, on June 13, 2014, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:

 

Chris Holley, Plant Manager

Corporation Service Company

Bluffton Motor Works, LLC

Registered Agent for Bluffton Motor Works, LLC

5111 Coventry Parkway

251 E. Ohio Street, Suite 500

Fort Wayne, IN  46804

Indianapolis, IN  46204

 

5.         Respondent designs and produces fractional and gear motors as well as gear reducers for a wide variety of products.

 

6.         Respondent last notified of large quantity generator hazardous waste activities on February 25, 2008.

 

7.         329 Indiana Administrative Code (“IAC”) 3.1 incorporates certain federal hazardous waste management requirements found in 40 Code of Federal Regulations (“CFR”) Parts 260 through 270 and Part 273, including those identified below.

 

8.         During an investigation including inspections conducted on September 3 and 9, 2013, and a record review on March 23, 2014, which included waste determination results submitted to IDEM on December 6, 2013 and February 25, 2014, conducted by a representative of IDEM, the following violations were found:

 

a.         Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous.

 

As noted during the investigation, Respondent had not made waste determinations on, but not limited to, the following:  (1) several containers of various sizes in the Oil House.  The containers were labeled with signs stating, “Do Not Inventory, Sub Inventory, Per Don Webb, 11/30/06”; (2) Approximately seventeen (17) 55-gallon drums and one (1) 5-gallon container stored unlabeled, outside between the <90-day storage area and the Oil House.  Some of the drums appeared to be rusted and deteriorated.  The drums were stored among eight (8) 55-gallon drums labeled, “Elantas PDG, Elancast A-2709”; (3) One (1) rusted, unlabeled 55-gallon drum stored along the south side of the main building; and (4) Four (4) 55-gallon unlabeled drums and three (3) 5-gallon unlabeled containers stored near the Evaporation Area.

 

Respondent submitted the results of waste determinations to IDEM on December 6, 2013 and February 25, 2014.  Based on the waste determinations, the contents of, but not limited to, five (5) 55-gallon drums, two (2) 1-quart cans, and one (1) 2-kg bag were hazardous wastes.  The wastes include D007; D001, F003; D003; and D001, D035, F003, F005 wastes.  There were also six (6) 55-gallon drums, five (5) partially filled 55-gallon drums, and four (4) 5-gallon containers of used oil.

 

As part of the information submitted on December 6, 2013, Respondent stated that eight (8) full 55-gallon drums and three (3) partially full drums, all labeled Elantas PDG, Elancast A-2709, contained non-hazardous wastes based on generator knowledge.  Respondent also stated that the drums would be disposed of through Respondent’s hazardous waste vendor.  Information provided by Respondent stated that the material inside the drums included aluminum oxide and bisphenol-A-resin.

 

Respondent submitted documentation, including a Material Safety Data Sheet and hazardous waste manifest, on November 6, 2014, indicating that the material was a non-hazardous waste and that it has been properly transported to a permitted facility for disposal.

 

b.         Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(a), (b), & (c), facility personnel must complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in compliance with the hazardous waste management rules.  Employees must be trained within six months after their date of hire and must take part in an annual review of the initial training.

 

As noted during the investigation, Respondent failed to provide a program of training that taught employees with hazardous waste duties to perform their duties in compliance with the hazardous waste management rules.  Training documentation was not available during the September 3, 2013 inspection.  At the time of the September 9, 2013 inspection, a training program was reviewed.  However, it did not include site-specific emergency procedures regarding the site contingency plan and/or implementing the plan.  Training rosters could not be found during both the September 3 and September 9, 2013 inspections.  Facility personnel believed training had been conducted in March of 2012; however, the last documentation of the required annual training was February 15, 2011.

 

On October 6, 2014, Respondent presented IDEM with a copy of the material to be used in its training program, which includes training for site-specific emergency procedures. On May 27, 2015, Respondent performed the required hazardous waste training.

 

c.         Pursuant to 40 CFR 270.1(c), a permit is required for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.

 

As noted during the investigation, Respondent stored hazardous waste identified or listed in 40 CFR Part 261 without a permit.  Two (2) 55-gallon drums (D001, F003), two (2) 5-gallon containers (D003), one (1) quart container (D003), and one (1) 2-kg bag (D003) had been stored in the Oil House since 2006 and were labeled “Do Not Inventory, Sub Inventory, Per Don Webb, 11/30/06”.  Two (2) 55-gallon drums (D007) had been stored in the Evaporation Area for an undetermined period of time.  One (1) rusted 55-gallon drum (D001, D035, F003, F005) shipped off-site in October of 2013 was generated from the former onsite Franklin Electronics lab and was located along the south edge of the main building.  Franklin Electronics operations, with the exception of offices, ceased operations at the site sometime before 2007.

 

Respondent contends that although Franklin’s manufacturing operations ceased in 2006, a laboratory was still maintained.

 

d.         Pursuant to IC 13-30-2-1(10), a person may not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from the department.

 

As noted during the investigation, Respondent operated a hazardous waste facility without having first obtained a permit from the department.

 

e.         Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility shall notify the commissioner of its hazardous waste activity on the approved forms.

 

As noted during the investigation, Respondent failed to notify the Commissioner of hazardous waste storage activities.

 

f.          Pursuant to 40 CFR 262.34(b), a generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270 unless he has been granted an extension to the 90 day period.

 

As noted during the investigation, Respondent stored hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270.

 

g.         Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container.

 

As noted during the investigation, Respondent accumulated hazardous waste on-site, without a permit, and did not mark hazardous waste containers with accumulation start dates.  A cubic yard super sack containing hazardous waste grinding sludge (D007) stored in the grinding area was not marked with the start of accumulation date.

 

Respondent dated the sack during the inspection.

 

h.         Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container and tank is labeled or marked clearly with the words "Hazardous Waste."

 

As noted during the investigation, Respondent accumulated hazardous waste on-site, without a permit, and did not label or clearly mark hazardous waste containers with the words "Hazardous Waste."  A cubic yard super sack containing hazardous waste grinding sludge (D007) stored in the grinding area was not marked with the words, “Hazardous Waste.”

 

On October 6, 2014, Respondent stated that this violation has been corrected.

 

i.          Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

 

As noted during the investigation, Respondent did not store one (1) 55-gallon drum of hazardous waste (D035) located in the <90-day storage building closed.

 

Respondent closed the drum at the time of the inspection.

 

j.         Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.32, all facilities must be equipped with the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below; (a) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel; (b) A device such as a telephone (immediately available at the scene of operations) or a handheld two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams: (c) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment and (d) Water at an adequate volume and pressure to supply water hose streams, or foam equipment, or automatic sprinklers, or water spray systems.  All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

 

As noted during the investigation, Respondent did not equip the <90-day storage building with spill control equipment.

 

Respondent submitted information to IDEM on December 6, 2013, stating that spill control equipment is available in the room adjacent to the storage area.

 

k.         Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.34, whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee.  If there is ever just one employee on the premises while the facility is operating, he must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio capable of summoning external emergency assistance.

 

As noted during the investigation, Respondent did not make an alarm or phone available to employees in the <90-day storage area.

 

Respondent submitted information to IDEM on December 6, 2013, stating that the required workers carry cell phones.  On October 6, 2014, Respondent stated that procedures would be enhanced in addition to carrying cell phones.

 

l.          Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.53, a copy of the contingency plan must be maintained at the facility and submitted to all applicable local emergency response teams.

 

As noted during the investigation, Respondent failed to maintain a copy of the contingency plan on-site.  A copy of the plan was not available at the time of the inspections.  Facility personnel were not familiar with the plan and it was not included in the training program observed during the inspections.  Facility personnel attempted to contact the primary emergency coordinator at the time of the September 3, 2013 inspection and stated that the contact number they had was not correct.

 

Respondent submitted an updated contingency plan to IDEM on December 6, 2013.  Respondent stated that the plan would be reviewed during the next required training.

 

m.        Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as 55 gallons of hazardous waste in containers at or near the point of generation without a permit and without complying with 40 CFR 262.34(a), provided that the containers are marked with either the words "Hazardous Waste" or with other words describing the contents.

 

As noted during the investigation, Respondent accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark satellite accumulation containers with the words “Hazardous Waste” or with other words describing the contents.  Satellite containers in the Final Assembly paint booths were not properly labeled.

 

Respondent notified IDEM in its December 6, 2013 submittal that the satellite containers in the paint booths have been labeled.

 

n.         Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

 

As noted during the investigation, Respondent did not store satellite containers of hazardous waste located in the Shell Painting, Shell Cleaning, and Final Assembly areas closed.

 

Respondent closed the containers at the time of the inspection.

 

o.         Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words “Used Oil.”

 

As noted during the investigation, Respondent did not label containers of used oil located in the Shell Department, Evaporation Area, Oil House, and Outdoor Storage Areas with the words “Used Oil.”

 

Respondent labeled the container located in the Shell Department at the time of the inspection.

 

p.         Pursuant to 40 CFR 273.14(e) and 329 IAC 3.1-16-2(a)(4), each lamp or container or package in which such lamps are contained must be labeled or marked clearly with the phrase “Universal Waste-Lamp(s)” or “Waste Lamp(s) or “Used Lamp(s)” or with other words that accurately identify the universal waste lamps.

 

As noted during the investigation, Respondent did not properly label universal waste fluorescent and halide bulbs.

 

Respondent labeled the bulbs at the time of the inspection.

 

q.         Pursuant to 40 CFR 273.13(d)(1), a universal waste handler must contain wastes in containers that are in good condition, compatible with the waste, closed, and lack evidence of leakage.

 

As noted during the investigation, Respondent did not properly containsome of the used fluorescent and halide bulbs at the time of the inspection.

 

Respondent placed the bulbs in containers at the time of the inspection.

 

9.         The parties met on October 6, 2014 to discuss this matter.

 

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 Complainant or Complainant’s delegate, and has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.            Respondent shall comply with the rules and statutes listed in the findings here and/or above at issue.

 

3.         Upon the Effective Date, Respondent shall ensure that a proper hazardous waste determination is provided for all solid wastes generated at the Site, pursuant to 40 CFR 262.11.

 

4.         Upon the Effective Date, Respondent shall ensure that, as long as it remains a large quantity generator of hazardous waste, it does not accumulate hazardous waste for greater than 90 days.

 

5.         Within ten (10) days of the Effective Date, Respondent shall submit documentation, including manifests, to IDEM demonstrating that all of hazardous wastes which have been stored at the Site for greater than 90 days and which are described in Finding 8.c. above have been shipped off-site for proper disposal.

 

6.         Within thirty (30) days of the Effective Date, Respondent shall decontaminate the hazardous waste container storage areas where hazardous wastes have been stored for greater than ninety days and noted in Findings 8.c. through f. above, by performing one of the following at each area:

 

A.        For containers located on a pad including a concrete surface, both inside and outside:

 

a.         remove all wastes from the pad and appropriately dispose;

 

b.         mechanically clean the pad by scraping, sweeping, or other method, to remove all physical contamination;

 

c.         inspect the pad for cracks.  If cracks are detected, perform Item j. at this point;

 

d.         wash the pad with a high pressure steam cleaner with detergent or appropriate solvent to remove the previously stored waste materials;

 

e.         rinse the pad three (3) times with water;

 

f.          collect the third (final) rinsate separately and analyze two (2) samples to show that the pad’s surface meets the cleanup levels.  For inorganic and certain organic parameters, the cleanup levels of the rinsate will be based on the Maximum Contaminant Levels (MCLs) of the National Primary Drinking Water Regulations (40 CFR 141).  For the organic parameters without MCLs, the cleanup levels of the rinsate will be based on the analytical methods’ Estimated Quantitation Limits (EQLs), as defined in SW-846.  The analytical parameters will be based on wastes previously stored on the pad;

 

g.         the decontamination procedure shall be repeated until the cleanup levels are met;

 

h.         ensure that care is taken to prevent migration of cleaning liquids from the pad area;

 

i.          collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;

 

j.          sample the soil underlying any cracks found in the inspection to check for contamination.  If no contamination is found, seal the cracks and proceed with Items d. through i. above;

 

k.         if contamination is found, submit a hazardous waste closure plan within sixty (60) days to IDEM for approval for the container storage area in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1;

 

l.          upon notice of approval of the closure plan by IDEM, implement the approved plan in accordance with the time frames contained therein.

 

B.        For containers located on shelving:

 

                        a.         Remove the containers and pallets, and dispose of properly;

 

b.         Remove any visible contamination on the shelving, which may have come from the containers.  Collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;

 

c.         Inspect the flooring underneath where the containers were located.   If there is any visible contamination on the flooring which may have come from the containers, perform steps A. a. through l. above; and

           

C.        For areas where containers were sitting on the ground, if applicable:

 

a.         Excavate the soil six (6) inches vertically below the ground surface if there is no visible contamination or six (6) inches vertically below visible contamination after the visible contamination has been removed, and then perform sampling both vertically and horizontally to confirm that any contamination from the illegal storage has been removed.

 

Sampling and analysis shall be based upon the principles outlined in IDEM’s Remediation Closure Guide (RCG), dated March 22, 2012, which can be accessed at http://www.IN.gov/idem/6683.htm.

 

7.         Respondent shall manage all waste cleaned up per Order 6 above, including contaminated soil if applicable, in accordance with all applicable state and federal regulation.

 

8.         Within fifteen (15) days of completing the decontamination required in Order 6, Respondent shall submit documentation, including sample results, that the decontamination has been completed to IDEM for review.  Analytical results submitted to IDEM for review shall include signed chain-of-custody sheets, sampling dates, analysis dates, analytical methods used, MCLs, EQLs and quality control results.  The quality assurance/quality control (QA/QC) results shall include initial and continuing calibration results, blank results, matrix duplicates, and matrix spike/matrix spike duplicate results.

 

9.         Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(a)(2).  Specifically, Respondent shall ensure that the date when the accumulation begins is clearly marked and visible for inspection on each container of hazardous waste.

 

10.       Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(a)(3).  Specifically, Respondent shall ensure that, while being accumulated on-site, each container and tank of hazardous waste is labeled or marked clearly with the words "Hazardous Waste."

 

11.       Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.173(a).  Specifically, Respondent shall ensure that containers holding hazardous waste, including satellite accumulation containers, are always closed during storage, except when it is necessary to add or remove waste.

 

12.       Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.32.  Specifically, Respondent shall ensure that the facility is equipped with the required emergency equipment pursuant to 40 CFR 265.32, including spill control equipment at the <90 day storage building.

 

13.       Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.34.  Specifically, Respondent shall ensure that, whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee.  Respondent shall ensure that, if there is ever just one employee on the premises while the facility is operating, he has immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio capable of summoning external emergency assistance.

 

14.       Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 265.53.  Specifically, Respondent shall ensure that a copy of the contingency plan that meets all requirements of 40 CFR 265.52 is maintained at the facility and submitted to all applicable local emergency response teams.

 

15.       Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 262.34(c)(1)(ii).  Specifically, Respondent shall ensure that satellite containers of hazardous waste are marked with the words "Hazardous Waste" or with other words describing the contents.

 

16.       Upon the Effective Date, Respondent shall ensure compliance with 329 IAC 13-4-3(d).  Specifically, Respondent shall ensure that all used oil containers and aboveground tanks are labeled with the words “Used Oil.”

 

17.       Upon the Effective Date, Respondent shall ensure compliance with 329 IAC 3.1-16-2(a)(4).  Specifically, Respondent shall ensure that each lamp or container or package in which universal waste lamps are contained be labeled or marked clearly with the phrase “Universal Waste-Lamp(s)” or “Waste Lamp(s) or “Used Lamp(s)” or with other words that accurately identify the universal waste lamps.

 

18.       Upon the Effective Date, Respondent shall ensure compliance with 40 CFR 273.13.  Specifically, Respondent shall ensure that containers holding universal waste are in good condition, are compatible with the waste, are closed, and lack evidence of leakage.

 

19.       All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Linda McClure, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

20.       Respondent is assessed a civil penalty of Thirty Three Thousand Dollars ($33,000).  Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Six Thousand Six Hundred Dollars ($6,600).  Said penalty amount shall be due and payable to the Environmental Management Special Fund.  In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project (“SEP”).  Respondent estimates that this SEP will cost One Hundred and Eleven Thousand Dollars ($111,000).  Within twenty (20) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM, which substantiates all actions taken and costs incurred with respect to the SEP.  In the event that the cost of the SEP is less than $52,800, Respondent shall pay fifty percent of the difference between the proposed cost of the SEP ($52,800) and the actual cost of the SEP.

 

As a Supplemental Environmental Project, Respondent shall reduce the creation of pollutants through increased efficiency in the use of energy.  Specifically, Respondent shall install a new air compressor, and not merely rebuild its current one, used in its electric motor manufacturing operations.  Respondent shall purchase and install the air compressor by no later than September 30, 2015.  Implementation of this SEP will reduce the energy consumption from compressor usage by 6.3% per year.  By Respondent’s usage of less energy, the public will benefit by the lowering of greenhouse gases and other pollutants and by making the saved electricity available to other Bluffton residents.

 

In the event that Respondent does not complete the SEP by September 30, 2015, the full amount of the civil penalty as stated above, plus interest established by IC 24-4.6-1-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM’s notice to pay.  Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date, which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

 

21.       In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

 

Failure to comply with Order Paragraph No. 5

$500 per week

 

 

Failure to comply with Order Paragraph No. 6

$500 per week

 

 

Failure to comply with Order Paragraph No. 8

$500 per week

 

22.       Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30th day being the “Due Date”.  Complainant may notify Respondent at any time that a stipulated penalty is due.  Failure to notify Respondent in writing in a timely manner of stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order.  Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

 

23.       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

Office of Legal Counsel

IGCN, Room #1307  

100 North Senate Avenue

Indianapolis, IN 46204

 

24.       In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1.  The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance.  Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 24, above.

 

25.       This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns.  Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

26.       In the event that any terms of this 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 this Agreed Order did not contain the invalid terms.

 

27.       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.

 

28.       This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit.  This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permits or any applicable Federal or State law or regulation.

 

29.       Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation.  Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

 

30.       Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.

 

31.       Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action.  IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

32.       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 Johnston, Section Chief

 

 

Enforcement Section

Printed: ______________________

Office of Land Quality

 

 

Title: ________________________

 

 

Date: __________________

Date: _______________________

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

By: ________________________

 

 

 

 

 

 

Date: ______________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

_________

DAY OF

________________________,

 2015.

 

 

For the Commissioner:

 

 

 

Signed June 16, 2015 *

 

Bruce H Palin

 

Assistant Commissioner

 

Office of Land Quality