STATE OF INDIANA

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SS:

BEFORE THE INDIANA DEPARTMENT OF

 

)

 

 

COUNTY OF MARION

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ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

 

)

 

 

 

)

 

Complainant,

 

)

 

 

 

)

 

 

v.

 

)

Case No. 2015-23436-H

 

 

)

 

ECO-Pak, LLC,

 

)

 

 

 

)

 

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 Eco-Pak, LLC (“Respondent”), which operates the company located at 9211 East Jackson Street, in Selma, Delaware County, Indiana (“Site”).  The property where this Site is located is owned by The Townsend Corporation.

 

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”) on March 2, 2016 via Certified Mail to:

 

CT Corporation, Registered Agent

Nick Hoffman, General Manager

Eco-Pak, LLC

Eco-Pak, LLC

150 West Market Street, Suite 800

9211 East Jackson Street

Indianapolis, Indiana 46204

Selma, Indiana 47383

 

5.            Respondent custom blends and repackages herbicides in returnable/refillable containers.

 

6.            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.

 

7.            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.

 

8.            During an investigation, including an inspection on June 19, 2015, conducted by a representative of IDEM, the following violations were found:

 

a.         Pursuant to 40 CFR 260.11, a person who generates a solid waste must determine if that waste is hazardous.

 

As noted during the inspection, Respondent did not make a proper waste determination on rinsate generated from the triple rinsing of returnable herbicide containers and from the triple rinsing of blending tanks.  At the time of the inspection, the rinsate was being managed and disposed of as nonhazardous waste.  The rinsate should have been managed and disposed of as a toxic characteristic D016 hazardous waste.  Rinsate sample results, dated September 24, 2014, show a concentration of 2,4-D of 1,120 ppm which exceeds the 40 CFR 261 Maximum Concentration of Contaminants for the Toxicity Characteristic of 10 ppm.

 

b.         Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

 

As noted during the inspection, Respondent sent D016 hazardous rinsate waste to a disposal facility that did not have an EPA identification number for RCRA Part B Hazardous Waste Treatment, Storage, or Disposal (TSD) activities.

 

c.            Pursuant to 40 CFR 262.20, a generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal, must prepare a manifest.  A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.  A generator may designate an alternate facility to handle his waste in the event than an emergency prevents delivery of the waste to the primary designated facility.

 

As noted during the inspection, Respondent offered for transport D016 hazardous waste rinsate for offsite treatment, storage, or disposal without preparing a manifest.

 

d.            Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest as required by law.

 

As noted during the inspection, Respondent caused or allowed the transportation of D016 hazardous waste rinsate without a manifest as required by law.

 

e.            Pursuant to 40 CFR 268.7(a), with the initial shipment of hazardous waste to each treatment, storage, or disposal facility, a generator must send a one-time written notice documenting the determination if the waste has to be treated before it can be land disposed to each facility receiving the waste, and place a copy in the generator’s file.

 

As noted during the inspection, Respondent offered for transport D016 hazardous waste rinsate for off-site treatment, storage, or disposal without preparing a one-time Land Disposal Notification Form.

 

f.             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, Respondent failed to notify the Commissioner of hazardous waste generator activities.

 

Effective February 23, 2016, Respondent has complied with 329 IAC 3.1-1-10.  Respondent notified IDEM and was issued EPA identification number INR000141945 as a Small Quantity Generator on February 23, 2016 and later notified as a Large Quantity Generator on December 13, 2016.

 

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 inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not mark approximately 85-90 300-gallon totes of D016 hazardous waste rinsate with accumulation start dates.

 

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 inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not label or clearly mark approximately 85-90 300-gallon totes of D016 hazardous waste rinsate with the words “Hazardous Waste.”

 

i.              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, Respondent failed to conduct weekly inspections of the less than 90-day hazardous waste storage area located outdoors south of the Wash Bay.

 

j.              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, Respondent failed to properly manage rinsate from the triple rinsing of returnable herbicide containers in the Wash Bay to minimize a release to the environment.  Additionally, during the inspection, some totes of rinsate were stored directly on the ground without containment to prevent releases to the gravel/soil surface during storage or pumping of rinsate into tanker trucks for transport to a disposal facility.

 

k.            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, Respondent did not equip its facility with the required emergency equipment.

 

l.              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, Respondent failed to provide the required aisle space in the less than 90-day hazardous waste storage area located outdoors south of the Wash Bay. Specifically, approximately 85-90 300-gallon tote containers were positioned so close to each other that the containers could not be adequately inspected.

 

m.        Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.51, a generator must have a contingency plan for the facility.

 

As noted during the inspection, Respondent did not have a contingency plan.

 

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, Respondent did not provide facility personnel with initial/annual hazardous waste training.

 

Effective July 1, 2016, Respondent has complied with 40 CFR 265.16(a), (b), & (c).  Specifically, Respondent provided to employees hazardous waste management training relevant to the positions in which they are being employed.  Respondent has provided IDEM with copies of the training records demonstrating adequate training has been provided to employees who handle, label, or move hazardous waste.

 

o.         Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have a written assessment certified by an independent, qualified, registered, professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity.

 

As noted during the inspection, Respondent did not provide the required written assessment for the two 4,000-gallon tanks of D016 hazardous waste rinsate in the Wash Bay.

 

p.         Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, all new and existing tank systems must have secondary containment systems operated to prevent the migration of waste or liquid out of the system and be capable of detecting and collecting releases and accumulated liquid.  The system must be lined with or constructed of materials compatible with the waste and provided with a leak detection system that will detect a release within 24 hours.  The system must be free of cracks or gaps.

 

As noted during the inspection, Respondent did not provide secondary containment for the two 4,000-gallon tanks of D016 hazardous waste rinsate in the Wash Bay.

 

q.         Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.194(b), a generator must use appropriate controls and practices, such as level sensing devices, high level alarms, and feed cut-offs, to prevent spills and overflows from tank or secondary containment systems.

 

As noted during the inspection, Respondent did not have the required overfill protection for the two 4,000-gallon tanks of D016 hazardous waste rinsate in the Wash Bay.

 

r.          Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day.  Generators of tank systems that either use leak detection equipment to alert facility personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect tank systems at least weekly.  Use of the alternate inspection schedule must be documented.

 

As noted during the inspection, Respondent did not conduct the required inspections of the two 4,000-gallon tanks of D016 hazardous waste rinsate in the Wash Bay.

 

s.         Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant 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, a rule adopted by the board under the environmental management laws.

 

As noted during the inspection, Respondent caused and/or allowed releases of rinsate onto the ground on the south, east, and west sides of the Site.  Additionally, Respondent caused and/or allowed releases of rinsate onto the ground on off-site properties located south, east, and west of the Site.

 

t.          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, Respondent caused and/or allowed releases of rinsate, a solid waste, to be disposed of at the Site in a manner which created a threat to human health or the environment.

 

9.            Respondent contends that Effective February 23, 2016 Respondent has complied and continues to comply with 40 CFR 262.12(c), 40 CFR 262.20, IC 13-30-2-1(12), 40 CFR 268.7(a), 40 CFR 262.34(a)(2), and 40 CFR 262.34(a)(3).   This is subject to field verification.

 

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

 

3.            If any rinsate is currently on-site which was generated from triple rinsing different herbicide products in tanks or containers, Respondent shall, within thirty (30) days of the Effective Date, conduct a proper waste determination on the rinsate generated. Respondent shall ensure proper waste determinations on any future rinsate generated from the triple rinsing different herbicide products in tanks or containers.

 

4.            Within forty-five (45) days of the Effective Date, Respondent shall submit waste determination results to IDEM on the rinsate generated from the triple rinsing of returnable herbicide containers and rinsate generated from the triple rinsing of the blending tanks.

 

5.            Upon the Effective Date, Respondent shall comply with 40 CFR 265.31, IC 13-30-2-1(1), and 329 IAC 10-4-2.  Specifically, Respondent shall not cause and/or allow the release of rinsate onto the ground at the Site and off-site properties.

 

6.            Effective July 1, 2016, Respondent has complied and after the Effective Date, Respondent shall continue to comply with 40 CFR 265.174.  Specifically, Respondent shall inspect areas where containers are stored at least weekly, looking for leaks and deterioration caused by corrosion or other factors.  Respondent has adopted the “Blending Facility/Premises Walkthrough Checklist” as provided to IDEM for the weekly inspection.

 

7.            Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 265.32.  Specifically, Respondent shall ensure its facility is equipped with the required emergency equipment.

 

8.            Effective July 1, 2016, Respondent has ceased the practice of using an outside container storage area.  To the extent Respondent resumes the practice, upon the Effective Date, Respondent shall comply with 40 CFR 265.35.  Specifically, Respondent shall ensure adequate aisle space between containers in the outside less than 90-day storage area.

 

9.            Within thirty (30) days of the Effective Date, Respondent shall comply with 40 CFR 265.51.  Specifically, Respondent shall develop and maintain on-site a Contingency Plan.

 

10.         Within forty-five (45) days of the Effective Date, Respondent shall provide IDEM with a copy of the Contingency Plan for review.

 

11.         Effective July 1, 2016, Respondent has removed two (2) 4,000-gallon rinsate tanks previously used in its operations and replaced them with one (1) one thousand (1,000) gallon tank and two (2) eight thousand six hundred gallon rinsate tanks (the “Replacement Tanks”).  Within sixty (60) days of the Effective Date, Respondent shall comply with 40 CFR 265.192(a), 40 CFR 265.193, 40 CFR 265.194(b), and 40 CFR 265.195.  Specifically, Respondent shall provide documentation to IDEM demonstrating the Replacement Tanks meet all 40 CFR 265 Subpart J requirements.

 

12.         Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit to IDEM a site assessment plan.  The purpose of the site assessment plan shall be to conduct sampling and analysis in order to assess potential contamination of different media (soil, ground water, and vapor) from the areas of concern which include the areas  described in Finding of Fact No. 8.s and t above and, if necessary, the nature and extent of contamination.  The site assessment plan 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/cleanups/2379.htm.  In addition, the site assessment shall:

 

a.            Describe and evaluate all areas of potential contamination in and around each area of concern.

 

b.            Specify the method of determining the number and location of samples to be taken to yield a representative assessment of each media of concern.  This method shall be in accordance with Section 3, Conceptual Site Model of the RCG, to address each media:

 

1.         soil sampling, pursuant to Sections 3 and 8 of the RCG; or

2.         ground water sampling, pursuant to Sections 3,4, and 9 of the RCG.

 

c.            Specify how the soil samples will be obtained and handled in order to minimize loss of volatile constituents.  Respondent may composite samples of non-volatiles (i.e., metals and semi-volatiles), but shall not composite samples of volatiles, pursuant to Section 3.2.4 of the RCG.

 

d.            Specify how the ground water samples, pursuant to Section 3.3 of the RCG, will be obtained and describe the sampling procedures.

 

e.            Clearly define all sampling and analytical protocols designed to identify hazardous waste or its constituents, pursuant to 40 CFR 261, including Appendices I, II, III, and VIII.  The site assessment plan shall include the method of sample collection, pursuant to “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.  This includes, but is not limited to, sample collection containers, preservatives, and holding times.  Specify the analytical methods to be used and the method’s reporting and detection limits.

 

f.             Specify that chain-of-custody of the samples shall be maintained and Quality Assurance and Quality Control (“QA/QC”) procedures shall be followed, pursuant to Section 3.8 through 3.10 of the RCG for all media.

 

g.            Include within the site assessment plan a supplemental contingent plan for determining the horizontal and vertical nature and extent of:

 

1.            soil contamination, as specified Sections 3 and 8 of the RCG, in the event that sampling and analysis indicates soil contamination to exist above screening levels as specified in Table A-6 of Appendix A of the RCG; and

 

2.         ground water contamination in the event that sampling and analysis indicates hazardous waste or its constituents are detected in the ground water as specified in Sections 3, 4, and 9 of the RCG.

 

h.            If soil or ground water contamination is above screening levels, it is necessary to conduct a vapor intrusion investigation.  In regard to soil contamination, professional judgment will dictate the necessity of a vapor intrusion investigation.

 

         i.          Include within the site assessment plan time frames for its implementation.

 

            j.          Be approved by IDEM prior to its implementation.

 

13.       Within fifteen (15) days of receiving notice from IDEM of approval of the site assessment plan, Respondent shall implement it as approved and in accordance

with the time frames contained therein.

 

14.         Within fifteen (15) days of obtaining the analytical results, Respondent shall submit said results, including chain-of-custody information, and QA/QC records, pursuant to Section 3.8 through 3.10 of the RCG to IDEM.

 

15.         Respondent shall submit within forty-five (45) days subsequent to the submittal of the analytical results, a remediation workplan which identifies potential contaminants, potential receptors, and exposure pathways to IDEM for the purpose of identifying all media contamination.  The remediation workplan shall:

 

a.            In accordance with Section 7, Risk Evaluation of the RCG, remediate each contaminated area to meet the remediation objective(s).  Remediation objectives shall be one of the following:

 

1.         screening levels, pursuant to Table A-6 of Appendix A in the RCG; or

2.         levels based upon site specific risk assessment; or

3.         levels based on site specific risk assessment taking into account remedial  measures that manage the risk and controls completed and potential pathways; or

4.         background levels for inorganics, pursuant to the RCG, and/or the analytical method’s estimated quantitation limits (“EQLs”) for organics.

 

b.            Include a sampling and analysis plan to be performed after the remedial activities have been performed which verifies that all contamination meets the remediation objective(s).

 

c.         Include within the remediation workplan time frames of its implementation.

 

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

 

17.         Within thirty (30) days of completion of the remedial action(s) conducted pursuant to the remediation workplan, Respondent shall submit to IDEM certification by an independent registered professional engineer that the remedial action(s) has/have been completed as outlined in the approved remediation workplan.

 

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

 

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

 

Jennifer Reno, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

20.         Respondent is assessed and agrees to pay a civil penalty of Sixty-Eight Thousand Nine Hundred Eighty-Six Dollars and Seventy-Three Cents ($68,986.73).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date”.

 

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:

 

Paragraph

Penalty

 

 

Order Paragraph 3

$500 per week

Order Paragraph 4

$250 per week

Order Paragraph 7

$500 per week

Order Paragraph 9

$500 per week

Order Paragraph 10

$250 per week

Order Paragraph 11

$500 per week

Order Paragraph 12

$500 per week

Order Paragraph 13

$250 per week

Order Paragraph 14

$250 per week

Order Paragraph 15

$500 per week

Order Paragraph 16

$500 per week

Order Paragraph 17

$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 N1307

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 23, 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.         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 on 4/18/17_____________

 

Peggy Dorsey

 

Assistant Commissioner

 

Office of Land Quality