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. 2015-22886-S
					)
John Ford revocable trust,					)
					)
Respondent.					)

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 John Ford Revocable Trust (“Respondent”), which owns/operates the property located at 2300 E. Old Terre Haute Road in Vincennes, Knox County, Indiana (“Site”).

3. IDEM has jurisdiction over the party 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:

John Ford, Trustee	Emily Ridgley, Registered Agent
John Ford Revocable Trust, Property	Ford Sawmills, Inc.
Owner	2019 E. Old Terre Haute Road
6284 N. Ford Road	Vincennes, IN 47591
Bruceville, IN 47516
David Ford, President
Ford Sawmills, Inc.
6286 N. Ford Road
Bruceville, IN 47516

After further review, IDEM determined that Ford Sawmills, Inc. is not a responsible party for the issues set forth in the NOV. Accordingly, IDEM dismissed Ford Sawmills, Inc. as a party to this Case #2015-22886-S and does not seek any action or payment from Ford Sawmills, Inc.

5. During an investigation including an inspection on February 2, 2015, and February 5, 2015, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“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 on February 3, 2015 and February 5, 2015, Respondent open dumped solid waste including but not limited to construction demolition debris, concrete blocks and other miscellaneous solid waste in a manner which creates a threat to human health or the environment. During the February 3, 2015 inspection, it was noted that some of the solid waste was pushed on the bank and into a pond of water. During the February 5, 2015 inspection, it was noted that some of the solid waste was removed from the pond to its bank.

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 on February 3, 2015 and February 5, 2015, Respondent caused and/or allowed solid waste, including, but not limited to, construction demolition debris, concrete blocks and other miscellaneous solid waste to be open dumped at the Site. During the February 3, 2015 inspection, it was noted that some of the solid waste was pushed on the bank and into a pond of water. During the February 5, 2015 inspection, it was noted that some of the solid waste was removed from the pond to its bank.

c. Pursuant to 329 IAC 10-4-4, 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.

2. Eliminating any threat to human health or the environment.

According to the property deed signed on March 3, 2,000, Respondent John Ford Revocable Trust owns real estate upon which an open dump, including, but not limited to, construction demolition debris, concrete blocks and other miscellaneous solid waste, is located and failed to correct and control any nuisance conditions and eliminate any threat to human health or the environment.

d. Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminants or waste, including any noxious odor, either alone or in combination with contaminants from other sources into the environment in any form that causes or would cause pollution that violates or would violate 329 IAC 10-4-2.

As noted during the inspection on February 3, 2015 and February 5, 2015, Respondent allowed contaminants to be discharged into the environment which caused pollution and violates 329 IAC 10-4-2. During the February 3, 2015 inspection, it was noted that some of the solid waste was pushed on the bank and into a pond of water. During the February 5, 2015 inspection, it was noted that some of the solid waste was removed from the pond to its bank.

e. 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 board.

As noted during the inspection on February 3, 2015 and February 5, 2015, Respondent deposited or caused and/or allowed the deposit of contaminants in a manner which has not been determined by the board to be acceptable. During the February 3, 2015 inspection, it was noted that some of the solid waste was pushed on the bank and into a pond of water. During the February 5, 2015 inspection, it was noted that some of the solid waste was removed from the pond to its bank.

f. Pursuant to IC 13-30-2-1(5), no person shall dump or cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the board.

As noted during the inspection on February 3, 2015 and February 5, 2015, Respondent allowed solid waste including but not limited to, construction demolition debris, concrete blocks and other miscellaneous solid waste to be dumped at the Site which is in violation of rules adopted by the board. During the February 3, 2015 inspection, it was noted that some of the solid waste was pushed on the bank and into a pond of water. During the February 5, 2015 inspection, it was noted that some of the solid waste was removed from the pond to its bank.

6. On March 2, 2015, Tracy Barnes of the Industrial Waste Section at IDEM received a legitimate use request for the concrete blocks at the Site.

7. Respondent removed the solid waste, except for the material approved by IDEM for legitimate use and properly disposed of said waste at the Vincennes Transfer Station. On March 18, 2015, Respondent provided IDEM with disposal documentation.

8. On March 4, 2016, a legitimate use approval letter was issued to Respondent by IDEM.

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 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 statutes, rules, and/or permit conditions listed in the findings above.

3. Respondent is assessed and agrees to pay a civil penalty of Five Thousand Dollars ($5,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

4. Civil 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

5. 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 4, above.

6. 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.

7. 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.

8. 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.

9. 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 their applicable permits or any applicable Federal or State law or regulation.

10. 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.

11. 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.

12. 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.

13. 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		________________________,	20__.
				For the Commissioner:
				Signed May 27, 2016___
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality