STATE OF INDIANA

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SS:

BEFORE THE INDIANA DEPARTMENT OF

 

)

 

 

COUNTY OF MARION

)

 

ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

)

 

OF ENVIRONMENTAL MANAGEMENT,

 

)

 

 

 

)

 

Complainant,

 

)

 

 

 

)

 

 

v.

 

)

Case No. 2021-28041-S

 

 

)

 

EAST-TERRA HARDWARE SUPPLY LLC

 

)

 

d/b/a EAST-TERRA PLASTICS,

 

)

 

GBODY PARTS 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 Indiana Code (“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 IC 13-13-1-1.

 

2.            Respondents are East-Terra Hardware Supply LLC d/b/a East-Terra Plastics, (“East-Terra”), which previously operated the facility located at 800 West 18th Street, Connersville, Fayette County, Indiana (“Site”), and GBODY Parts LLC (“GBODY”), which was purchasing the Site under a Land Contract from Fayette County Industrial Development Corporation at all times relevant to the violations alleged by IDEM.  East-Terra and GBODY are collectively referred to as Respondent unless a particular party is specified.

 

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”) to:

 

Lu Tao, President

Jian Chu, Registered Agent

East-Terra Plastics Hardware Supply LLC

East-Terra Plastics Hardware Supply LLC

725 W 21st St

8363 Misty Drive

Connersville, IN 47331

Indianapolis, IN 46236

 

jaychu@east-terra.com

GBody Parts LLC

 

Gilbert Brian Weaver, Member

 

800 West 18th Street

 

Connersville, IN 47331

 

bweavy@gbodyparts.com

 

 

5.            Respondent East-Terra is an industrial plastics recycling company that shreds car seats.

 

6.            During an investigation including inspections on October 12, 2020, December 11, 2020, April 19, 2021, June 4, 2021, June 22, 2021, July 19, 2021, July 22, 2021, August 18, 2021, January 24, 2022 and May 6, 2022 conducted by a representative of IDEM, the following alleged 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 inspections, Respondent caused and/or allowed solid wastes, including infant car seats, infant car seat parts, pallets, cardboard, plastic barrels, and plastic buckets to be disposed at the Site in a manner which creates a threat to human health or the environment, including the creating of a fire hazard.

 

b.         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 inspections, Respondent dumped or caused and/or allowed the open dumping of solid wastes, including infant car seats, infant car seat parts, pallets, cardboard, plastic barrels, and plastic buckets at the Site.

 

c.         Pursuant to 329 IAC 11-9-1, unless excluded in, any person who constructs or operates a solid waste processing facility as defined under 329 IAC 11-2-43 shall have a solid waste processing facility permit under this article.

 

As noted during the inspections, IDEM alleges that Respondent East-Terra was operating a solid waste processing facility by grinding and recycling old car seats at the Site.  Respondent East-Terra contends that the car seats and car seat parts are not and were never a solid waste and that no processing of solid waste ever occurred.

 

7.            Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and waives any right to administrative and judicial review of this Agreed Order. Compliance with this Agreed Order resolves all violations identified in the November 18, 2021 Notice of Violation issued in this matter and all inspections referenced in paragraph 6, above.

 

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 statute and rule listed in the findings of fact above.

 

3.            Within thirty (30) days of the Effective Date, and to the extent allowed by GBODY pursuant to paragraph 4, Respondent East-Terra shall clean up all remaining car seats, car seat parts, pallets, cardboard, plastic barrels, and plastic buckets located at the Site.  Respondent East-Terra may seek extension of this time frame if cleanup cannot reasonably be completed due to lack of access, weather, supply chain disruptions, or other circumstances outside the control of Respondent East-Terra.

 

4.            Respondent GBODY shall allow Respondent East Terra access to the Site at the nearest ingress and egress points possible on the Site to remove the remaining seat parts, broken pallets, abandoned cardboard, plastic barrels, and plastic buckets.

 

5.            Upon the Effective Date, Respondent East Terra shall submit weekly progress reports documenting cleanup activities until such cleanup efforts are completed.

 

6.            Upon the Effective Date, Respondent East-Terra shall comply with its June 24, 2022 Legitimate Use Approval for its Yorktown, Indiana location.

 

7.            All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

 

Samantha Nunnery, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

8.            Pursuant to IC 13-30-4-1, Respondent East-Terra is assessed and agrees to pay a civil penalty of Five Thousand Dollars ($5,000). Respondent shall pay by the due date printed on the Invoice, as attached.

 

Civil and stipulated penalties are payable to the “Environmental Management Special Fund” by:

 

Mail:

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

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

 

Online:

Accounts Receivable is accepting payments online by e-Check, Master Card, Visa or Discover. Please visit www.IN.gov/IDEM. Under Online Services, click Online Payment options and follow the prompts. A processing fee of $1 plus 1.99% will be charged for credit card payments.  A processing fee of $1.00 will be charged for eCheck payments.

 

The Case Number is required to complete the process.

 

Phone:

You may also call us at 317-234-3099 and follow the instructions for Master Card, Visa or Discover payments. A processing fee of $1 plus 1.99% will be charged for credit card payments.  A processing fee of $1.00 will be charged for eCheck payments.

 

The Case Number is required to complete the process.

 

9.            In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay stipulated penalties in the following amounts:

 

Paragraph

Stipulated Penalty

Order paragraph 3 (as to Respondent East-Terra)

$250 per week

Order paragraph 4(as to Respondent GBODY)

$250 per week

 

10.         Stipulated penalties shall be due and payable no later than the thirtieth day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the thirtieth 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 a stipulated penalty assessment shall not 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.

 

11.         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 an additional penalty of 10 percent, payable to the “Environmental Management Special Fund”, and shall be payable to IDEM in the manner specified in Paragraph 6, above.

 

12.         Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

 

13.         This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent GBODY shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

 

14.         No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

 

15.         Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

 

16.         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.

 

17.         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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

 

18.         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.

 

19.         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 violations specified in the NOV.

 

20.         Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (U.S. 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 U.S. EPA or any other agency or entity.

 

21.         This Agreed Order shall remain in effect until Respondent East-Terra pays the civil penalty in Order paragraph 12 and the cleanup in Order paragraphs 3 and 4 is completed.  IDEM will then issue a Resolution of Case letter to Respondent.

 

TECHNICAL RECOMMENDATION:

RESPONDENT EAST-TERRA:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

Jennifer Reno, Chief

Printed:

 

 

Land Enforcement Section

Title:

 

 

Compliance Branch

 

 

 

Office of Land Quality

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

RESPONDENT GBODY:

 

 

By:

 

 

 

Printed:

 

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 20_____

 

 

 

 

 

 

For the Commissioner:

 

 

Signed 7/25/22

 

 

Peggy Dorsey

 

 

Assistant Commissioner

 

 

Office of Land Quality