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. 2015-23179-H

 

 

)

 

Tristate Bolt Company & Quality

 

)

 

Galvanizing LLC,

 

)

 

 

 

)

 

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 are Tristate Bolt Company & Quality Galvanizing LLC (“Respondents”), which own/operate the facility with United States Environmental Protection Agency (“EPA”) ID No. INR 000 105 890, located at 1110 Fuller Drive, in Garrett, DeKalb County, Indiana (“Site”).

 

3.            Respondents produced industrial bolts including anchor bolts for towers and bridges. Respondent Tristate Bolt Company conducts the cutting and threading operations and both Respondents conduct galvanizing operations.  Respondents ceased operations on September 2, 2016.

 

4.            Respondent Tristate Bolt Company initially notified as a Large Quantity Hazardous Waste Generator on August 13, 2012.

 

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

 

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

 

Kinjal V. Amin, President

Kinjal V. Amin, Incorporator

and Registered Agent

Tristate Bolt Company

Tristate Bolt Company

9309 Greyhawk Drive

1110 Fuller Drive

Fort Wayne, IN 46835

Garrett, IN 46738

 

 

 

Andrew D. Boxberger, Registered Agent for

 

Quality Galvanizing LLC

 

Carson Boxberger LLP

 

301 W. Jefferson Street, Suite 200

 

Fort Wayne, IN 46802

 

 

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 an inspection on May 28, 2015 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 inspection, Respondents did not make hazardous waste determinations on twenty-nine (29) fifty-five (55) gallon containers of solid waste stored in the north building generated by Respondents.  One drum was heating coil material and some was thought to be used floor dry.

 

b.         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 inspection, Respondents stored hazardous waste identified or listed in 40 CFR Part 261 without a permit.  Specifically, Respondents stored approximately sixty-one (61) three hundred and thirty (330) gallon totes of tank skimmings (D002, D006, D007, D008, D010) in the north building.

 

The last shipment of hazardous waste was in June of 2014.

 

c.         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 inspection, Respondents operated a hazardous waste facility without having first obtained a permit from the department.  Specifically, Respondents stored approximately sixty-one (61) three hundred and thirty (330) gallon totes of tank skimmings (D002, D006, D007, D008, D010) in the north building.

 

d.         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 inspection, Respondents failed to notify the Commissioner of hazardous waste storage activities.

 

e.         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 inspection, Respondents stored hazardous waste on-site for greater than 90 days without complying with 40 CFR Part 264 and 40 CFR Part 270.  Specifically, Respondents stored approximately sixty-one (61) three hundred and thirty (330) gallon totes of tank skimmings (D002, D006, D007, D008, D010) in the north building.

 

f.          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 inspection, Respondents accumulated hazardous waste on-site, without a permit, and did not mark hazardous waste containers with accumulation start dates.  Specifically, the approximate sixty-one (61) three hundred and thirty (330) gallon totes storing tank skimmings (D002, D006, D007, D008, D010) and one (1) box of flux waste (D007, D008, D002) located in the north building, one (1) three hundred and thirty (330) gallon of tank skimmings (D002, D006, D007, D008, D010) stored along the north wall of the galvanizing area and two (2) fifty-five (55) gallon and five (5) five (5) gallon pails stored along the eastern galvanizing line were not marked with accumulation start dates.

 

g.         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 inspection, Respondents accumulated hazardous waste on-site, without a permit, and did not label or clearly mark hazardous waste containers with the words "Hazardous Waste."  Specifically, the approximate sixty-one (61) three hundred and thirty (330) gallon totes storing tank skimmings (D002, D006, D007, D008, D010) and one (1) box of flux waste (D007, D008, D002) located in the north building, one (1) three hundred and thirty (330) gallon of tank skimmings (D002, D006, D007, D008, D010) stored along the north wall of the galvanizing area and one (1) fifty-five gallon drum and five (5) five (5) gallon  pails storing hazardous waste floor dry along the eastern galvanizing line were not labeled or clearly marked with the words “Hazardous Waste”.

 

h.         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 inspection, Respondents accumulated hazardous waste in containers at or near the point of generation without a permit and did not properly mark satellite accumulation containers with either the words “Hazardous Waste” or with other words describing the contents.  Specifically, one (1) fifty-five (55) gallon drum storing hazardous waste floor dry used to absorb spills from the west galvanizing line was not properly labeled with the words “Hazardous Waste” or with other words describing the contents.

 

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 inspection, Respondents did not store closed during storage five (5) five (5) gallon pails of hazardous waste floor dry along the eastern galvanizing line, one (1) fifty-five (55) gallon drum storing hazardous waste floor dry used to absorb spills from the west galvanizing line and three (3) fifty (55) gallon drums of hazardous waste floor dry and one (1) box of flux (D007, D008, D002) located in the north building.  The fifty-five (55) gallon drum near the west galvanizing line had the lid cut off.

 

j.          Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, a generator must  inspect areas where containers are stored, at least weekly, looking for leaks and deterioration caused by corrosion or other factors.

 

As noted during the inspection, Respondents failed to conduct weekly inspections of the less than 90 day hazardous waste storage areas.

 

k.         Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

 

As noted during the inspection, Respondents failed to properly manage the pump and hoses used to move hazardous waste liquid (D002, D006, D007, D008, D010) from tanks to minimize a release to the environment. The pump and hoses were stored on the ground outside the north door, just outside the galvanizing area.  The vegetation around this area appeared to be stressed.

 

l.          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 inspection, Respondents did not equip the north building, where approximately sixty-one (61) three hundred and thirty (330) gallon totes (D002, D006, D007, D008, D010) and several fifty-five (55) gallon drums of hazardous waste were being stored, with emergency spill equipment.

 

m.        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 inspection, Respondents did not make emergency communication devices available to employees.

 

n.         Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.35, a generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection, equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency.

 

As noted during the inspection, Respondents failed to provide the required aisle space in the north building.

 

o.         Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.52, the content of the contingency plan must include the following: a description of appropriate actions, arrangements with local emergency response teams, contact information for the emergency coordinators, emergency equipment, and an evacuation plan.

 

As noted during the inspection, Respondents’ contingency plan did not include all of the required information.  Specifically, Respondents’ contingency plan consisted of only a few aspects such as emergency and alternate coordinators and an evacuation plan; however an adequate plan was not developed.

 

p.         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 inspection, Respondents failed to provide a copy of the contingency plan to local emergency authorities.

 

q.         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 inspection, Respondents did not provide employees with annual hazardous waste training.

 

r.          Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(d)(1-4), certain hazardous waste training related documents and records including job title, job descriptions, a description of the type and amount of required training, and completion documents with respect to the hazardous waste management training must be maintained on-site.

 

As noted during the inspection, Respondents did not maintain all of the required hazardous waste training related documents and records on-site.  Specifically, Respondents did not have training records available for review.

 

s.         Pursuant to IC 13-22-4-3.1(c), 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 thousand (1,000) 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 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.

 

Respondents failed to submit the 2014 Annual Manifest Report, Specifically, Respondent Tristate Bolt Company was issued Violation Letters on April 9, 2015 and June 12, 2015 requiring the submittal of the 2014 Annual Manifest Report.  Prior to issuing the April 9, 2015 Violation Letter IDEM attempted via email on December 16, 2014 and March 9, 2015, reminding Respondent to submit the 2014 Annual Manifest Report which was due March 15, 2015.  Respondent Tristate Bolt Company did not respond to either Violation Letter.

 

9.         In recognition of the settlement reached, Respondents 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 Respondents.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.            Respondents shall comply with the statutes, rules, and/or permit conditions listed in the findings above.

 

3.            Within thirty (30) days of the Effective Date of the Agreed Order, Respondents shall comply with 40 CFR 262.11.  Specifically, Respondents shall conduct a hazardous waste determination on the twenty-nine (29) fifty-five (55) gallon drums of waste located in the north building.  Respondents shall submit to IDEM documentation of the hazardous waste determination.  If the waste is hazardous it shall be managed according to the applicable regulations.

 

4.            Within thirty (30) days of the Effective Date of the Agreed Order, Respondents shall submit documentation to IDEM demonstrating that all hazardous wastes which had been stored at the Site for more than 90 days have been properly transported off-site to a permitted disposal facility.

 

5.            Within thirty (30) days of the Effective Date of the Agreed Order, Respondents shall submit documentation to IDEM detailing the steps taken at the Site to minimize the possibility of a recurrence of hazardous waste being accumulated at the Site for greater than the timeframes allowed in 40 CFR 262.34, i.e., 90 days for a large quantity generator and 180 days for a small quantity generator.

 

6.            Immediately upon the Effective Date of the Agreed Order, Respondents shall comply with 40 CFR 262.34(a)(2).  Specifically, all containers of hazardous waste shall be clearly marked with the start of accumulation date which is visible for inspection on each container.

 

7.            Immediately upon the Effective Date of the Agreed Order, Respondents shall comply with 40 CFR 262.34(a)(3).  Specifically, all hazardous waste containers accumulating on-site shall be labeled or marked clearly with the words “Hazardous Waste”.

 

8.            Immediately upon the Effective Date of the Agreed Order, Respondents shall comply with 262.34(c)(1)(ii).  Specifically, Respondents shall properly mark satellite accumulation containers with either the words “Hazardous Waste” or with other words describing the contents.

 

9.            Immediately upon the Effective Date of the Agreed Order, Respondents shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a).  Specifically, Respondents shall ensure containers holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

 

10.         Immediately upon the Effective Date of the Agreed Order, Respondents shall comply with 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174.  Specifically, Respondents shall inspect areas, at least weekly, where containers holding hazardous waste are stored for leaks and deterioration caused by corrosion or other factors.

 

11.         Respondents shall, within thirty (30) days of the Effective Date of the Agreed Order, submit to IDEM a plan on how future releases will be addressed.  The plan shall include that releases/spills will be responded to within 24 hours.  The plan shall also include preventive measures that will be taken to prevent future waste releases/spills from the pumps and hoses stored on the ground outside used to move hazardous waste from tanks.

 

12.         Within thirty (30) days of the Effective Date of the Agreed Order, Respondents shall perform soil sampling on the impacted area, observed during the May 28, 2015 inspection, outside near the north back door, just outside the galvanizing area, where the pumps and hoses used to transfer hazardous waste from tanks were stored.  Respondents shall collect three (3) grab samples. The samples shall to be tested for total metals (cadmium, lead, selenium and chromium), pH, and any other hazardous constituents that may be present as a result of the manufacturing process.

 

13.         Within thirty (30) days from the time of the sampling date of Order 12 above, Respondents shall submit the sampling results, including the chain-of-custody of the samples and Quality Assurance and Quality Control (“QA/QC”) data, for all soil samples to IDEM.

 

14.         Respondents shall permit agent(s) of IDEM to view and inspect the sampling activities performed pursuant to Order requirement No. 12. above.  In order to facilitate such an inspection, Respondents shall notify Ms. Theresa Pichtel of IDEM’s Hazardous Waste Section at least seven (7) days prior to scheduled activities.  IDEM shall have the opportunity to split samples or if necessary implement its own sampling plan.

 

15.         If contamination is identified pursuant to the work completed per Order No. 12 above, Respondents shall submit within sixty (60) days subsequent to the completion of the analyses, a workplan for the purpose of remediating all soil contamination to IDEM for approval.  The purpose of the plan shall be to conduct sampling and analysis in order to assess the nature and extent of contamination.  The plan shall be based upon the principles outlined in IDEM’s Remediation Closure Guide (RCG), dated March 22, 2012 as corrected through July 9, 2012, which can be accessed at:  http://www.IN.gov/idem/6683.htm.  Respondents shall include within the workplan time frames of its implementation.

 

16.         Within fifteen (15) days of approval by IDEM of the remediation workplan, Respondents shall implement the remedial action(s) within the plan as approved and in accordance with the time frames contained therein.

 

17.         In the event IDEM determines that any plans submitted by Respondents are deficient or otherwise unacceptable, Respondents shall revise and resubmit the plans to IDEM in accordance with IDEM's notice.  After three (3) submissions of such plans by Respondents, IDEM may modify and approve any such plans and Respondents must implement the plans as modified by IDEM.  The approved plans shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof.

 

18.         Within sixty (60) days of completion of work performed under Order 16. above, Respondents shall submit to IDEM for review documentation of the work performed, including sample results, photographs and proper disposal documentation, demonstrating that any contamination which occurred as a result of Finding 8.k. above has been adequately removed.

 

19.         Within thirty (30) days of the Effective Date of the Agreed Order, Respondents shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.32 and 40 CFR 265.34.  Specifically, Respondents shall supply the north building and other less than ninety (90) day areas where hazardous waste is being accumulated with emergency spill equipment and provide emergency communication devices available for the employees.

 

20.         Immediately upon the Effective Date of the Agreed Order, Respondents shall comply with 40 CFR 262.34(a)(4) referencing 40 CFR 265.52.  Specifically, Respondents shall provide the required aisle space in the north building and in any other less than ninety (90) day areas where hazardous waste is being accumulated.

 

21.         Within forty-five (45) days of the Effective Date of the Agreed Order, Respondents shall submit to IDEM a contingency plan in accordance with 40 CFR 262.34(a)(4) referencing 40 CFR 265.51.  Specifically, Respondents shall submit to IDEM a contingency plan in accordance with 40 CFR 265.52 including documentation that a copy of the contingency plan was submitted to local authorities in accordance with 40 CFR 265.53.

 

22.         Within forty-five (45) days of the Effective Date of the Agreed Order, Respondents shall comply with 40 CFR 265.16(a), (b), and (c).  Specifically, Respondents shall implement and conduct an annual training program.  Respondents shall submit to IDEM documentation of the required training program and a list of the facility personnel that have completed the training.

 

23.         Within thirty (30) days of the Effective Date of the Agreed Order, Respondents shall submit the annual manifest report for 2014, including the ID Form and the Form OS.  The Form OS and instructions to the ID Form and Form OS can be obtained from IDEM’s web site at www.in.gov/idem/landquality/2373.htm.  Respondents shall ensure the information on the ID Form is current.

 

24.         Within thirty (30) days of the Effective Date of the Agreed Order, Respondents shall submit three (3) hard copies and one complete copy of the entire document on CD, in PDF format no greater than 100 megabytes per file, of a hazardous waste closure plan for the North Building to IDEM for approval.  This closure plan shall be completed in accordance with the provisions of 40 CFR 264 Subpart G, as incorporated by 329 IAC 3.1-9-1.

 

25.         Within ten (10) days of notice of IDEM’s approval of the closure plan, Respondents shall implement the plan as approved and in accordance with the time frames contained therein.

 

26.         In the event IDEM determines that any plan submitted by Respondents are deficient or otherwise unacceptable, Respondents shall revise and resubmit the plan to IDEM in accordance with IDEM's notice.  After three (3) submissions of such plan by Respondents, IDEM may modify and approve any such plan and Respondents must implement the plan as modified by IDEM.  The approved plan shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof.

 

27.         All submittals required by this Agreed Order, unless Respondents are notified otherwise in writing by IDEM, shall be sent to:

 

Christina Halloran, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

28.         Respondents are assessed and agree to pay a civil penalty of Six Thousand Two Hundred and Fifty-Three Dollars ($6,253).  Said penalty shall be due and payable to the Environmental Management Special Fund in twenty-four (24) consecutive installments in the amount of Two Hundred and Sixty Dollars and Fifty-Four Cents ($260.54).  This penalty reflects a significant reduction from the original proposed civil penalty based upon evidence submitted by Respondents’ which adequately demonstrated Respondents’ inability to pay the original proposed civil penalty.  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 thirty (30) days of the Effective Date; the 60th day being the “Due Date”.  The next consecutive installments shall be due on or before the last day of each month following the first installment.

 

29.         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

3

$500/week

4

$250/week

5

$250/week

12

$500/week

13

$250/week

15

$500/week

18

$500/week

21

$250/week

22

$250/week

23

$250/week

24

$500/week

26

$500/week

 

30.         Stipulated penalties shall be due and payable no later than the 30th day after Respondents receives 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.

 

31.         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

 

32.         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 31, above.

 

33.         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.

 

34.         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.

 

35.         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.

 

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

 

37.         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 Respondent may incur as a result of Respondents’ efforts to comply with this Agreed Order.

 

38.         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.

 

39.         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: _______________________

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

By: ________________________

 

 

 

 

 

 

Date: ______________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

_____

DAY OF

______________________,

 20__.

 

 

For the Commissioner:

 

 

 

Signed December 22, 2016 By:

 

Peggy Dorsey

 

Assistant Deputy Commissioner

 

Office of Land Quality