|
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.
2014-22604-S |
|||
|
|
|
) |
|
||||
|
summit, inc. and lake county |
|
) |
|
||||
|
TRUST
COMPANY TRUST NO. 946, |
|
) |
|
||||
|
|
|
) |
|
||||
|
Respondents. |
|
) |
|
||||
AGREED ORDER
Complainant
and 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.
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. Respondents’ entry into this Agreed Order
shall not constitute a waiver of any defense, legal or equitable, which
Respondents 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.
Respondents Peter Coulopoulos
and Summit, Inc. operate an auto shredder on property owned by Respondent Lake
County Trust Company Trust No. 946 (“Respondents”), located at 6901 W. Chicago
Avenue in Gary, Lake County, Indiana (“Site”).
3.
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 (NOV) via Certified Mail to:
|
Kelly
Coulopoulos, President |
Lake
County Trust Company Trust No. 946 |
|
Summit,
Inc. |
Property
Owner |
|
2909
Windsor Trail |
9800
Connecticut Street, Ste B2-900 |
|
Valparaiso,
Indian 46385 |
Crown
Point, Indiana 46307 |
|
|
|
|
Mark
Thiros, Registered Agent |
Peter
Coulopoulos, Operator |
|
Summit,
Inc. |
Summit,
Inc. |
|
200
E. 90th Drive |
6901
W. Chicago Avenue |
|
Merrillville,
Indiana 46410 |
Gary,
Indiana 46406 |
5.
During an investigation including an inspection
on July 9, 2014 conducted by a representative of IDEM, the following violations
were found:
a. Pursuant to 329 IAC 10-4-2, no person
shall cause or allow the storage, containment, processing, or disposal of solid
waste in a manner which creates a threat to human health or the environment,
including the creating of a fire hazard, vector attraction, air or water
pollution, or other contamination.
As noted during the inspection,
Respondents caused and/or allowed solid waste, including, but not limited to auto
shredder fluff, to be stored and/or disposed at the Site in a manner which
creates a threat to human health or the environment.
b. Pursuant to 329 IAC 10-4-3, open
dumping and open dumps, as those terms are defined in
IC 13-11-2-146 and IC 13-11-2-147, are prohibited.
As noted during the inspection,
Respondents caused and/or allowed auto shredder fluff to be open dumped at the
Site.
c.
Pursuant to IC 13-30-2-1(4), no person shall
deposit or cause or allow the deposit of contaminants or solid waste upon the
land, except through the use of sanitary landfills, incineration, composting,
garbage grinding, or another method acceptable to the solid waste management
board.
As noted during the inspection,
Respondents deposited or caused and/or allowed the deposit of contaminants
and/or solid waste, including, but not limited to, auto shredder fluff, in a
method which has not been determined by the solid waste management board to be
acceptable.
d.
Pursuant to IC 13-30-2-1(5), no person shall
dump or cause or allow the open dumping of garbage or any other solid waste in
violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.
As noted during the inspection,
Respondents dumped or caused and/or allowed the open dumping of auto shredder
fluff.
e. Pursuant
to 329 IAC 10-4-4(a), the owner of real estate upon which an open dump is located is responsible for the following:
(1) Correcting
and controlling any nuisance conditions that occur as a result of the open
dump. Correction and control of nuisance
conditions must include:
(A) removal of all solid waste from the area of the open dump and
disposal of such wastes in a solid waste land disposal facility permitted to
accept the waste; or
(B) other methods as approved by the commissioner.
(2) Eliminating
any threat to human health or the environment.
As
noted during the inspection, Respondent Lake County Trust Company Trust No. 946
is the owner of real estate upon which an open dump is located and has not
complied with 329 IAC 10-4-4(a).
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 Complainant or Complainant’s
delegate, and has been received by Respondents. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondents shall comply with the statutes and
rules listed in the findings above.
3.
Within forty five (45) days of the Effective
Date, Respondents shall submit written documentation that the fluff from pile 2
as noted on Attachment A, has been removed and properly
disposed.
4.
Respondents shall cease adding newly
generated fluff to the existing stockpiles which are noted
as 1a, 1b, 2, 3, 4, 5, 6, and 8 on Attachment A.
5.
Within four hundred and twenty (420) days of
the Effective Date, Respondents shall remove and properly dispose of all fluff
piles shown on Attachment A as piles 3, 4 and 5.
6.
Within four hundred and thirty five (435)
days of the Effective Date, Respondents shall submit written documentation that
the fluff removed as required by Order paragraph 5 (piles 3, 4, and 5) above
has been taken to a permitted solid waste management facility.
7.
Within one thousand two hundred and ninety (1,290)
days of the Effective Date, Respondents shall remove and properly dispose of
the remainder of the existing fluff piles shown on Attachment A, beginning with the southern portion, as noted south of
the blue dotted line, of pile 6.
8.
Respondents shall submit quarterly written
documentation, including receipts, manifests, or other documentation showing
the progress of the fluff removed and properly disposed as required by Order 7
to IDEM until such time that all of the existing piles shown on Attachment A have been removed.
9.
Respondents shall ensure that all works
conducted to satisfy the requirements of paragraphs 5 and 7 above are in
compliance with all applicable federal, state, and local laws and regulations,
including, but not limited to 326 IAC 4-1 which prohibits open burning of solid
waste.
10.
All submittals required by this Agreed Order,
unless Respondents are notified otherwise in writing by IDEM, shall be sent to:
|
Chike Okeke, Enforcement Case
Manager |
|
Office of Land Quality – Mail Code
60-02L |
|
Indiana Department of Environmental
Management |
|
100 North Senate Avenue |
|
Indianapolis, IN 46204-2251 |
11.
Respondents are assessed
and agree to pay a civil penalty of Seven Thousand Five Hundred Dollars ($7,500). Respondents are jointly and severally liable
for all civil penalty assessments, including stipulated penalties. Said penalty amount shall be due and payable
to the Environmental Management Special Fund within one thousand three hundred
and twenty (1,320) days of the Effective Date; the 1,320th day being
the “Due Date”.
12.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondents shall
pay a stipulated penalty in the following amount:
|
Paragraph |
Penalty |
|
|
|
|
Order Paragraph #3 |
$100 per week disposal receipts are
late |
|
Order Paragraph #5 |
$200 per week cleanup is late |
|
Order Paragraph #6 |
$100 per week disposal receipts are late |
|
Order Paragraph #7 |
$200 per week cleanup is late |
|
Order Paragraph #8 |
$100 per week quarterly report is late |
13.
Stipulated penalties shall be due and payable
no later than the 30th day after Respondents receive written notice
that Complainant has determined a stipulated penalty is due; the 30th
day being the “Due Date”. Complainant
may notify Respondents at any time that a stipulated penalty is due. Failure to notify Respondents 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 Respondents for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant from seeking additional relief against
Respondents 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.
14.
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 N1307 |
|
100 North Senate Avenue |
|
Indianapolis, IN 46204 |
15.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or
before their Due Date, Respondents 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 Respondents pay 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 14, above.
16.
This Agreed Order shall apply to and be
binding upon Respondents and their successors and assigns. Respondents’ 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 Respondents shall in any way alter their status or
responsibilities under this Agreed Order.
17.
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.
18.
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.
19.
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 Respondents pursuant to
this Agreed Order, shall not in any way relieve Respondents of their obligation
to comply with the requirements of his applicable permits or any applicable
Federal or State law or regulation.
20.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondents’ 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 Respondents may incur as a result of Respondents’ efforts to
comply with this Agreed Order.
21.
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.
22.
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
Respondents may incur as a result of such communications with the EPA or any
other agency or entity.
23.
This Agreed Order shall remain in effect
until IDEM issues a Resolution of Case letter to Respondents.
|
TECHNICAL RECOMMENDATION: |
RESPONDENT: |
||||
|
Department of Environmental
Management |
|
||||
|
|
|
||||
|
By: _________________________ |
By:
_________________________ |
||||
|
|
Nancy Johnston,
Section Chief |
|
|||
|
|
Enforcement
Section |
Printed: ______________________ |
|||
|
Office of
Land Quality |
|
||||
|
|
Title: ________________________ |
||||
|
|
|
||||
|
Date: __________________ |
Date: _______________________ |
||||
|
|
|
||||
|
|
By:
__________________________ |
||||
|
|
|
||||
|
|
Printed: ______________________ |
||||
|
|
|
||||
|
|
Title: _________________________ |
||||
|
|
|
||||
|
|
Date: _________________________ |
||||
|
|
|
||||
|
|
COUNSEL FOR RESPONDENT: |
||||
|
|
|
||||
|
|
|
||||
|
|
By: ________________________ |
||||
|
|
|
|
|||
|
|
|
||||
|
|
Date: ______________________ |
||||
|
|
|||||
|
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
|||||
|
MANAGEMENT
THIS |
______ |
DAY
OF |
________________________, |
20__. |
|
|
|
|||||
|
|
For the
Commissioner: |
||||
|
|
|
||||
|
|
Signed on
12/4/2015 |
||||
|
|
Bruce H Palin |
||||
|
|
Assistant
Commissioner |
||||
|
|
Office of
Land Quality |
||||