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STATE OF
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BEFORE THE
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COUNTY OF
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COMMISSIONER
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Complainant, |
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Case No. 2022-28710-H |
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UTILIQUEST, LLC, |
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Respondent. |
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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.
Respondent
is Utiliquest, LLC (“Respondent”), which
owns/operates the facility, located at 8645 East Backwater Road, in North
Webster, Kosciusko 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”) to:
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Utiliquest, LLC |
C T Corporation System |
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Attn: H. Andrew DeFerrari,
Manager |
Registered Agent for Utiliquest,
LLC |
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11780 U.S. Highway 1, Suite 600 |
334 North Senate Avenue |
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Palm Beach Gardens, FL 33408 |
Indianapolis, IN 46204 |
5.
Respondent is an underground utility locator.
6.
329
Indiana Administrative Code (“IAC”) 3.1 incorporates 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 May 18, 2022,
conducted by a representative of IDEM, the following violations were found:
a.
Pursuant to 40
CFR 262.11(a): A person who generates a
solid waste must determine if that waste is a hazardous waste at the point of
waste generation, before any dilution, mixing, or other alteration of the waste
occurs, and at any time in the course of its management that it has, or may
have, changed its properties as a result of exposure to the environment or
other factors that may change the properties of the waste such that the RCRA
classification of the waste may change.
As noted during the inspection, Respondent
failed to make proper hazardous waste determinations on waste aerosol cans and
waste paint related materials (D001).
b.
Pursuant
to 40 CFR 262.13, a generator must determine its
generator category. A generator’s
category is based on the amount of hazardous waste generated each month and may
change from month to month.
As noted
during the inspection, Respondent failed to notify the Commissioner of small
quantity generator, transporter, and treatment, storage, and disposal facility
activities. Specifically, Respondent has operated as a small quantity generator
of hazardous waste since September 2020 without notifying of hazardous waste
generator activities.
d. Pursuant to
40 CFR 262.10(a)(3), a generator shall not transport, offer its hazardous waste
for transport, or otherwise cause its hazardous waste to be sent to a facility
that is not a designated facility, as defined in 40 CFR 262.10, or not
otherwise authorized to receive the generator’s hazardous waste.
As noted during the inspection,
Respondent transported hazardous waste to Borden Waste Away and KC Recyclers,
facilities not permitted to receive hazardous waste. Respondent disposed of
waste aerosol cans (D001) with their solid waste that was ultimately disposed
at Prairie View Landfill.
e.
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 that an emergency prevents delivery of the waste to the primary
designated facility.
As noted during the inspection,
Respondent transported hazardous waste
for offsite treatment, storage, or disposal without preparing a manifest.
Specifically, Respondent transported waste aerosol cans (D001) to Borden Waste
Away and KC Recyclers without a hazardous waste manifest.
f.
Pursuant
to IC 13-30-2-1(12), a person may not cause or allow the transportation of a
hazardous waste without a manifest if a manifest is required by law.
As noted
during the inspection, Respondent caused or allowed the transportation of a
hazardous waste without a manifest as required by law. Specifically,
Respondent transported waste aerosol cans (D001) to Borden Waste Away and KC
Recyclers.
g.
Pursuant
to 329 IAC 3.1-1-13, the commissioner shall require the use of identification
numbers issued by the U.S. Environmental Protection Agency.
As noted
during the inspection, Respondent failed to obtain and utilize a U.S. EPA
identification number.
h.
Pursuant
to 40 CFR 262.15(a)(4), a satellite accumulation container holding hazardous
waste must be closed at all times during accumulation,
except when adding, removing or consolidating waste.
As noted during the inspection, Respondent
accumulated hazardous waste in a satellite accumulation container that was not
closed. Specifically,
one 55-gallon container of waste paint related materials was stored open.
i.
Pursuant
to 40 CFR 262.15(a)(5)(i), a generator must mark or
label its satellite hazardous waste containers with the words “Hazardous Waste.”
As noted during the inspection,
Respondent accumulated hazardous waste in containers at or near the point of
generation without a permit and did not properly mark satellite accumulation
containers with the words “Hazardous Waste.” Specifically, one 55-gallon
container of waste paint related materials lacked the words “Hazardous Waste.”
j.
Pursuant
to 40 CFR 262.15(a)(5)(ii), a generator must mark or label its satellite
hazardous waste containers with an indication of the hazards of the contents.
As noted during the inspection, Respondent accumulated hazardous waste
in containers at or near the point of generation without a permit and did not
properly mark satellite accumulation containers with an indication of the
hazards of the contents. Specifically, one 55-gallon container of waste paint
related materials lacked marking with the indication of the hazards of the
contents.
k.
Pursuant
to 40 CFR 262.16(b), a generator who accumulates hazardous waste on site for
more than 180 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 granted an extension to the 180-day period.
As noted
during the inspection, Respondent stored hazardous waste on-site for greater than
180 days without complying with 40 CFR Part 264 and 40 CFR Part 270. Specifically,
Respondent stored cardboard containers of D001 aerosol cans on the east inside
wall of the building for greater than 180 days.
l.
Pursuant
to 40 CFR 262.16(b)(1), a generator who generates greater than 100 kilograms
but less than 1000 kilograms of hazardous waste in a calendar month may
accumulate hazardous waste on-site for 180 days or less without a permit
provided that the quantity of waste accumulated on site never exceeds 6000
kilograms.
As noted
during the inspection, Respondent generated greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and accumulated in excess of 6000 kilograms of waste aerosol cans (D001)
without obtaining a RCRA Part B Treatment, Storage, Disposal (TSD) Permit.
m.
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, Respondent operated a hazardous waste facility without
having first obtained a permit from the department. Specifically, Respondent
stored cardboard containers of D001 aerosol cans on-site for greater than 180
days without obtaining a RCRA Part B TSD Permit.
n.
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, Respondent stored hazardous waste identified or listed
in 40 CFR Part 261 without a permit. Specifically, Respondent stored cardboard
containers of D001 aerosol cans on-site for greater than 180 days without
obtaining a RCRA Part B TSD Permit.
o.
Pursuant
to 40 CFR 262.16(b)(2)(i), if a container holding
hazardous waste is not in good condition, or if it begins to leak, the small
quantity generator must immediately transfer the hazardous waste from this
container to a container that is in good condition, or immediately manage the waste
in some other way that complies with the conditions for exemption.
As noted
during the inspection, Respondent did not store waste aerosol cans (D001) in
containers that were in good condition.
p.
Pursuant
to 40 CFR 262.16(b)(2)(iii)(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, Respondent did not store cardboard containers of waste
aerosol cans (D001) closed.
q.
Pursuant
to 40 CFR 262.16(b)(2)(iii)(B), a container holding hazardous waste must not be
opened, handled, or stored in a manner that may rupture the container or cause
it to leak.
As noted
during the inspection, Respondent failed to properly manage waste aerosol can
(D001) containers. Specifically, Respondent stored waste aerosol cans in open
cardboard containers in an unstable configuration that compromised their
structure.
r.
Pursuant
to 40 CFR 262.16(b)(2)(iv), at least weekly, the small quantity generator must
inspect central accumulation areas. The small quantity generator must look for
leaking containers and for deterioration of containers caused by corrosion or
other factors.
As noted during the inspection,
Respondent failed to conduct weekly inspections of central accumulation areas.
s.
Pursuant
to 40 CFR 262.16(b)(6)(i)(A), a small quantity
generator may accumulate hazardous waste on-site for 180 days or less without a
permit, provided that, while being accumulated on-site, each container 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 failed to
mark hazardous waste containers with the words "Hazardous Waste."
Specifically, Respondent stored the waste aerosol cans (D001) in cardboard
boxes without the words “Hazardous Waste.”
t.
Pursuant
to 40 CFR 262.16(b)(6)(i)(B), a small quantity
generator may accumulate hazardous waste on-site for 180 days or less without a
permit, provided that, while being accumulated on-site, each container is
labeled or marked with an indication of the hazards of the contents.
As noted during the inspection,
Respondent accumulated hazardous waste on-site, without a permit, and failed to
clearly mark waste aerosol can containers (D001) with an indication of the
contents.
u.
Pursuant
to 40 CFR 262.16(b)(6)(i)(C), a small quantity
generator may accumulate hazardous waste on-site for 180 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 failed to
clearly mark waste aerosol can containers (D001) with accumulation start dates.
v.
Pursuant to 40
CFR 262.16(b)(8)(ii), all areas where hazardous waste is either generated or
accumulated must be equipped with 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 producing
equipment, or automatic sprinklers, or water spray systems.
As noted during the inspection,
Respondent failed to equip the central accumulation area with an internal
communication device or alarm system, fire suppression system, or fire
extinguishers.
w.
Pursuant
to 40 CFR 262.16(b)(8)(v), a small quantity generator must maintain adequate
aisle space to allow the unobstructed movement of personnel, fire protection,
spill control, 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 between the pallets of
aerosol cans in the central accumulation area.
x.
Pursuant
to 40 CFR 262.16(b)(8)(vi), a small quantity generator must attempt to make arrangements with local
emergency authorities to familiarize them with the facility. Documentation
confirming such arrangements or documentation confirming attempts to make such
arrangements must be maintained by the generator.
As noted during the inspection,
Respondent did not attempt to make these arrangements nor maintain the
documentation as required.
y.
Pursuant
to 40 CFR 262.16(b)(9)(i), at all
times there must be at least one employee on the premises or on call
(i.e., available to respond to an emergency by reaching the facility within a
short period of time) with the responsibility for coordinating all emergency
response measures.
As noted
during the inspection, Respondent failed to have at least one employee on the
premises or on call with the responsibility for coordinating all emergency
response measures.
z.
Pursuant
to 40 CFR 262.16(b)(9)(ii), the small quantity generator must post the following
information next to the telephone: (1) the name and phone number of the
emergency coordinator; (2) location of fire extinguishers and spill control
material and, if present, fire alarm; (3) the telephone number of the fire
department, unless the facility has a direct alarm.
As noted
during the inspection, Respondent failed to post the required information next
to the telephone.
aa.
Pursuant
to 40 CFR 262.16(b)(9)(iii),
a small quantity generator must ensure that all employees are thoroughly
familiar with proper waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations and emergencies.
As noted during the inspection, Respondent failed to ensure that all
employees are thoroughly familiar with proper waste handling.
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 acknowledge notice of this right and 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.
Immediately,
upon the Effective Date of the Agreed Order, Respondent shall comply with 40
CFR 262.11(a). Specifically, Respondent shall complete a waste determination on
the aerosol cans and captured paint.
3.
Upon
the Effective Date of the Agreed Order,
Respondent shall comply with 40 CFR 262.13. Specifically, Respondent shall
determine their generator category on a monthly basis.
4.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 329 IAC 3.1-1-10
and 329 IAC 3.1-1-13. Specifically, Respondent shall submit an electronic
notification of generator activities in the myRCRAid
module of RCRAInfo. Instructions can be found here: https://www.in.gov/idem/waste/waste-industries/waste-transportation/how-to-obtain-a-new-rcra-id-number/. Respondent shall utilize the EPA ID Number assigned to
them for all hazardous waste shipments.
5.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.10(a)(3). Specifically, Respondent shall cease transportation of hazardous
waste.
6.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with
40 CFR 262.20 and IC 13-30-2-1(12).
Specifically, Respondent shall properly manifest hazardous waste prior
to shipment.
7.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.15(a)(4). Specifically, Respondent shall store hazardous
waste satellite accumulation containers closed unless it is necessary to add or
remove waste.
8.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.15(a)(5)(i). Specifically, Respondent shall mark
or label hazardous waste satellite containers with the words “Hazardous Waste.”
9.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.15(a)(5)(ii). Specifically, Respondent shall mark or label hazardous waste
satellite containers with an indication of the hazards of the contents.
10.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40
CFR 262.16(b), IC
13-30-2-1(10), and 40 CFR 270.1(c). Specifically, Respondent shall not
accumulate hazardous waste for more than 180 days unless an extension has been
granted to the timeframe for as long as it remains a small quantity generator
of hazardous waste.
11.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.16(b)(1). Specifically, Respondent shall not exceed 6000 kilograms of
hazardous waste stored on-site for as long as it remains a small quantity
generator.
12.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.16(b)(2)(i). Specifically, Respondent shall store
hazardous waste in containers that are in good condition.
13. Upon the
Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.16(b)(2)(iii)(A). Specifically, Respondent shall ensure hazardous waste
containers are stored closed.
14.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.16(b)(2)(iii)(B). Specifically, Respondent shall store hazardous waste in a manner that
will not cause it to rupture or leak.
15.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.16(b)(2)(iv). Specifically, Respondent shall conduct weekly inspections of
central accumulation areas for as long as it remains a small quantity
generator.
16.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.16(b)(6)(i)(A). Specifically, Respondent shall mark
hazardous waste containers with the words “Hazardous Waste.”
17. Upon the Effective Date of the Agreed
Order, Respondent shall comply with 40 CFR 262.16(b)(6)(i)(B).
Specifically, Respondent shall mark hazardous waste containers with an
indication of the hazards of the contents.
18. Upon the
Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.16(b)(6)(i)(C). Specifically, Respondent shall mark
hazardous waste containers with an accumulation start date.
19.
Upon
the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR
262.16(b)(8)(ii). Specifically, Respondent shall ensure the accumulation area
is equipped with an internal communication device or alarm system capable of
providing immediate emergency instruction to facility personnel, fire
suppression equipment and fire extinguishers.
20. Upon the Effective Date of the Agreed
Order, Respondent shall comply with 40 CFR 262.16(b)(8)(v). Specifically,
Respondent shall maintain appropriate aisle space between the pallets of waste aerosol
cans.
21.
Within
thirty (30) days Effective Date of the Agreed Order, Respondent shall comply
with 40 CFR 262.16(b)(8)(vi). Specifically, Respondent shall make arrangements
with local emergency authorities to familiarize them with the facility.
Documentation confirming such arrangements or documentation confirming attempts
to make such arrangements must be maintained by the generator.
22.
Within
forty-five (45) days of the Effective Date of the Agreed Order, Respondent
shall submit documentation of the arrangements from Order #21 to IDEM.
23.
Within
thirty (30) days of the Effective Date of the Agreed Order, Respondent shall
comply with 40 CFR 262.16(b)(9)(i). Specifically,
Respondent shall designate an emergency coordinator.
24.
Within
thirty (30) days of the Effective Date of the Agreed Order, Respondent shall
comply with 40 CFR 262.16(b)(9)(ii). Specifically, Respondent shall post
emergency information next to the telephone.
25. Within thirty (30) days of the Effective
Date of the Agreed Order, Respondent shall comply with 40 CFR 262.16(b)(9)(iii).
Specifically, Respondent shall ensure that all employees are thoroughly
familiar with proper waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations and emergencies.
26.
Within
forty-five (45) days of the Effective Date of the Agreed Order, Respondent
shall submit documentation of the type of training provided from Order #25.
27.
Within
forty-five (45) days of the Effective Date of this Agreed Order, Respondent
shall submit to IDEM a hazardous waste closure report for the area where
hazardous waste has been stored greater than 180 days, as detailed in Finding 7
k. The closure report shall include the following:
a. Disposal documentation for the aerosol cans stored on the
east inside wall of the building.
b. Photographs of the area of the east
inside wall of the building and carpeted area where aerosol cans were stored to
verify no visible contamination exists.
28.
All
submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent
to:
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Debbie
Chesterson, Enforcement Case Manager |
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Office
of Land Quality |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
29.
Pursuant
to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirty-Six
Thousand Dollars ($36,000). After this Agreed Order is adopted (signed by the
Assistant Commissioner of the Office of Land Quality), Respondent shall pay by
the due date printed on the Invoice that will be attached to the adopted Agreed
Order.
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:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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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.
30.
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:
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Paragraph |
Stipulated Penalty |
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Order paragraph
22 |
$100
per week |
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Order paragraph
26 |
$100
per week |
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Order paragraph
27 |
$500
per week |
31.
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 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.
32.
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 29, above.
33.
Signatories
to this Agreed Order certify that they are fully authorized to execute this
Agreed Order and legally bind the party they represent.
34.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
35.
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.
36.
Respondent
shall ensure that all contractors, firms, and other persons performing work
under this Agreed Order comply with the terms of this Agreed Order.
37.
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.
38.
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.
39.
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.
40.
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.
41.
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.
42.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case
letter to Respondent.
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS |
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DAY
OF |
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20_____ |
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For
the Commissioner: |
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Signed
on 01/30/23 |
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Peggy
Dorsey |
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Assistant
Commissioner |
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Office
of Land Quality |
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