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STATE OF INDIANA |
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COUNTY OF MARION |
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ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2023-29166-H |
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CUSTOM
CURVE CABINETRY 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 Custom Curve Cabinetry LLC (“Respondent”), which
operates the company with United States Environmental Protection Agency (“EPA”)
ID No. INR000152678 located at 17090 SR 120, in Bristol, Elkhart 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”) on May 1, 2023 via Certified
Mail and email to:
Mahlon Bontrager, CEO and Registered Agent
for
Custom Curve Cabinetry LLC
17090 SR 120
Bristol, Indiana 46507
Mahlon Bontrager, Property Owner
15918 SR 120
Bristol, Indiana 46507
5.
Respondent
notified EPA of Small Quantity
Generator (“SGQ”) activities on January
12, 2023.
6.
Respondent manufactures decorative wood products
such as trim pieces and passage doors for the motor home industry. Processes
include cutting/sanding, painting, and coating operations.
7. 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.
8. During an investigation including an inspection on January 10, 2023 conducted by a representative of IDEM, the following violations were found:
a. Pursuant to 40 Code of Federal Regulations (“CFR”) 262.11, 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, waste determinations have not been made on the following:
1. One (1) 5-gallon open container of “floor
sweep”
2. One
(1) 55-gallon open drum of “rags”
3. One
(1) 55-gallon drum (located between the Compressor and Wood Building)
4. “Bag filters” used in
painting operations prior to disposal by Midwest Waste
Solutions to the landfill.
Subsequent
to the inspection, waste
determinations were conducted, and the floor sweep, rags and bag filters were
determined to not meet hazardous waste listings or characteristics; however,
the one (1) 55-gallon drum containing waste paint related materials (“WPRM”)
was determined to meet hazardous waste listings and characteristics (D001,
F003, F005).
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 properly determine its generator category.
Respondent operated as a large quantity generator (“LQG”) without updating
their change in generator status.
c. Pursuant to 329 Indiana Administrative Code (“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 its hazardous waste activities
(generation, storage, treatment). Specifically,
Respondent operated as a large quantity generator of hazardous waste without
notifying of hazardous waste generator activities.
d. 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.
Subsequent
to the inspection, Respondent registered and
obtained an EPA ID number as a small quantity generator (“SQG”).
e.
Pursuant
to IC 13-30-2-1(4), a person may not deposit or allow the deposit of any
contaminants or solid waste upon the land, except though the use of sanitary
landfill, incineration, composting, garbage grinding, or another method
acceptable to the board.
f.
Pursuant
to 329 IAC 13-4-3(e), upon detection of a release of used oil to the
environment, a generator must do the following: stop the release; contain the
release; clean up the release; and report the spill if necessary.
As noted during
the inspection, Respondent utilizes an air compressor within the Compressor
building. Air compressor tubing was observed outside of the Compressor
building. The Compressor building and surrounding area were observed to show
signs of a release of oily water. Additionally, a tank located near the outdoor product storage trailer labeled with the
words, “Ultra-Low Sulfur Non-Highway Diesel” appeared to be punctured and a
release was visible on the ground and exhibited a strong fuel odor.
g.
Pursuant
to 40 CFR 262.16 and 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 multiple drums and containers of D001, F003, F005 hazardous waste throughout the property for greater than 180 days. Specifically, containers of D001, F003, F005 hazardous waste was stored for greater than 180 days in the following areas:
· Eight (8) 55-gallon and nine (9) 5-gallon steel containers of waste thinner behind Plant 1 Building;
· Approximately forty (40) 1-gallon steel containers wrapped in plastic wrap of waste paint behind Plant 1 Building;
· Fifteen (15) 55-gallon steel containers of waste thinner behind Plant 1 Building (near a product storage trailer);
· Seventeen (17) 5-gallon containers behind Plant 1 Building (near a product storage trailer); and
· Five (5) 1-gallon containers behind Plant 1 Building (near a product storage area).
h.
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.
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.
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 multiple drums and containers of D001, F003, F005 hazardous waste on-site for greater than 180 days without obtaining a RCRA Part B treatment, storage, disposal facility (“TSDF”) permit.
i.
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 stored open one (1) 55-gallon waste
drum located on the south side of the burn pile was observed to have an open
bung. Six (6) 5-gallon hazardous waste containers located behind the building
near the product storage trailer, five (5) 1-gallon hazardous waste containers
located behind the building near the product storage trailer, and one (1)
55-gallon drum of Waste Paint Related Material (WPRM) were observed open.
j.
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. Various containers
were observed to be rusted and bulging.
k. 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, emergency information was not observed posted in areas
directly involved in the generation and accumulation of hazardous waste.
Documentation of emergency information posted
submitted on June 19, 2023.
l. Pursuant to 40 CFR 262.16(b)(6)(i)(A), (B), and (C), 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”, labeled or marked with an indication of the hazards of the contents, and marked or labeled with the accumulation start dates.
As noted during
the inspection, the following containers were not
marked or labeled with the words “Hazardous Waste”, indication of the hazards
of the contents, and with the accumulation start dates:
Thirty-one (31) 55-gallon drums of hazardous
waste
Eight (8) 55-gallon containers of waste
thinner
Behind Plant 1
Eight (8) 55-gallon drums of waste thinner
Nine (9) 5-gallon containers of waste thinner
Forty (40) 1-gallon containers of paint waste
Behind Plant 1 Near Product Storage Trailer
Fifteen (15) 55-gallon drums of waste thinner
Seventeen (17) 5-gallon containers of waste
thinner
Five (5) 1-gallon containers of waste thinner
Finishing Area Plant 1
One (1) 55-gallon drum of waste thinner
East Side Plant 1
Two (2) 5-gallon containers of hazardous
waste
Outside Plant 2
One (1) 55-gallon drum of waste thinner
Inside Storage Trailer - Plant 2
Two (2) 55-gallon drums waste thinner
Near Compressor and Wood Building
One (1) 55-gallon drum WPRM
m. Pursuant to 40 CFR 262.16(b)(8)(i), a small quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of a 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 properly
manage hazardous waste for to minimize a release to the environment.
Specifically, thirty-one (31)
drums containing waste thinner
(“LT 1501 Thinner”) were
intentionally burned.
n. Pursuant to 40 CFR 262.16(b)(8)(vi)(A), the small quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee if it is determined to be the appropriate organization with which to make arrangements.
As noted during the inspection, Respondent did not make arrangements
with local authorities nor maintain documentation as required.
o. Pursuant to 40 CFR 262.16(b)(9)(iii), the 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.
p. 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, the
following containers were observed open, and not in the process of adding,
removing, consolidating, or temporarily venting the waste:
Finishing Area Plant One
One (1) 5-gallon container waste thinner
Topcoat Area Plant One
One (1) 5-gallon container of waste thinner
Spray Area Plant 2
One
(1) 5-gallon container of waste thinner
q.
Pursuant to 40 CFR 262.15(a)(5)(i) and (ii), a generator must mark or label its satellite
hazardous waste containers with the words “Hazardous Waste” and with an
indication of the hazards of the contents.
As
noted during the inspection, the
following containers were not marked or labeled with the words “Hazardous Waste” and with an
indication of the hazards of the contents:
Finishing
Area Plant 1
One
(1) 5-gallon container of waste thinner
Topcoat
Area Plant 1
Two
(2) 5-gallon containers of waste thinner
Spray
Area Plant 2
Two
(2) 5-gallon containers waste thinner
One
(1) 1-gallon container waste thinner
9. 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.
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 and rules
listed in the findings of fact above.
3.
Immediately,
upon the Effective Date of the Agreed Order, Respondent shall comply
with 40 CFR 262.11(a). Specifically, Respondent shall conduct waste
determinations on any newly generated waste stream at the point of generation.
4.
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.
5.
Within fifteen (15) days of the Effective
Date of the Agreed Order, Respondent
shall comply with 329 IAC 3.1-1-10. 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/.
6.
Within thirty (30) days of the Effective Date of
this Agreed Order, Respondent shall submit a site assessment plan to IDEM for
approval. Contact the case manager for how to submit the 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 burn pile area
located behind buildings in the southwest corner of the Site, oily water
release near the Compressor building and surrounding area, and a release underneath
a tank near the outdoor product storage trailer, as described in Findings of Fact No. 8.e and 8.f 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/2329.htm.
In addition, the site assessment plan 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; and
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 and there is an
enclosed structure where indoor air may be impacted, it may be 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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 an enforceable part thereof.
13. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit to a hazardous waste closure plan for the areas specified in Paragraph 8.g., above, to IDEM for approval. Contact the case manager for how to submit the closure plan. The 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.
14. Within ten (10) days of notice of IDEM’s approval of the closure plan, Respondent shall implement the plan as approved and in accordance with the time frames contained therein.
15. 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 an enforceable part thereof.
16. Effective Immediately, Respondent shall comply with 40 CFR 262.16(b)(1). Specifically, Respondent shall not exceed the 6,000 kg limit of hazardous waste stored on-site for as long as they remain a SQG.
17. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.16, 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.
18. Upon the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.16(b)(2)(iii)(A). Specifically, Respondent shall ensure all hazardous waste containers are stored closed.
19. 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.
20. Within fifteen (15) days of the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.16(b)(6)(i)(A), (B), and (C). Specifically, Respondent shall mark all hazardous waste containers with the words “Hazardous Waste”, an indication of the hazards of the contents, and an accumulation start date.
21. Within thirty (30) days of the Effective Date, Respondent shall submit photographic documentation of completion of Order #20.
22. Within fifteen (15) days of the Effective Date, Respondent shall comply with 40 CFR 262.16(b)(8)(i). Specifically, Respondent shall maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of a hazardous waste or hazardous waste constituents to air, soil, or surface water, which could threaten human health or the environment.
23. Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.16(b)(8)(vi)(A). 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.
24. 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.
25. 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 #24.
26. 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.
27. Within fifteen (15) days of the Effective Date of the Agreed Order, Respondent shall comply with 40 CFR 262.15(a)(5)(i) and (ii). Specifically, Respondent shall mark or label hazardous waste satellite containers with the words “Hazardous Waste” and an indication of the hazards of the contents.
28. Within thirty (30) days of the Effective Date, Respondent shall submit photographic documentation of completion of Order #27.
29. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Jodi Pisula, Enforcement Case
Manager
Office of Land Quality
Indiana Department of
Environmental Management
100 North Senate Avenue
Indianapolis, IN 46204-2251
30.
Pursuant to IC 13-30-4-1, Respondent is assessed
and agrees to pay a civil penalty of Sixty-Four Thousand Four Hundred Dollars
($64,400.00). 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.
Respondent shall pay a portion of this penalty in the amount of Sixteen
Thousand One Hundred Dollars ($16,100.00). Said penalty amount shall be due and
payable in eleven (11) monthly installments of One Thousand Three Hundred Forty-One
Dollars ($1,341.00), and the twelfth month of One Thousand Three Hundred
Forty-Nine Dollars ($1,349.00). Respondent shall pay the first installment by
the due date printed on the Invoice, as attached. Respondent shall pay by the
due date printed on subsequent invoices in accordance with the agreed upon
payment plan.
Civil and stipulated penalties are payable to
the “Indiana Department of Environmental Management” by:
Mail:
Civil penalties are payable by check to the “Indiana Department of
Environmental Management.” Checks shall include the Case Number of this action
and shall be mailed to:
|
Indiana Department
of Environmental Management |
|
Accounts
Receivable |
|
P.O. Box 3295 |
|
Indianapolis, IN
46206 |
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 $0.40 plus 2.06% will be
charged for credit card payments. A processing fee of $0.15 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 $0.40 plus 2.06%
will be charged for credit card payments. A processing fee of $0.15 will
be charged for eCheck payments.
The Case Number is required to complete the process.
In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project (“SEP”). Respondent estimates that this SEP will cost Ninety-Seven Thousand Twenty-Six Dollars and Fifty-Three Cents ($97,026.53). Within thirty (30) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP. In the event that the cost of the SEP is less than Ninety-Seven Thousand Twenty-Six Dollars and Fifty-Three Cents ($97,026.53), Respondent shall pay Fifty Percent (50%) of the difference between the proposed cost of the SEP and the actual cost of the SEP.
31. As a Supplemental Environmental Project, Respondent shall install a 50 KW solar system. Respondent shall begin installation as soon as AO is adopted, and project to be completed no later than nine (9) months from the date of adoption. Implementation of this SEP will reduce greenhouse gas emissions from 10 gas powered passenger vehicles, 53,339 pounds of coal burned, 6 homes’ energy used for one year, avoid emissions by 16.5 tons of waste recycled instead of landfilled, and carbon sequested by 788 tree seedlings grown.
32. 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 #5 |
$100 per week |
|
Order paragraph #6 |
$500 per week |
|
Order paragraph #7 |
$500 per week |
|
Order paragraph #8 |
$500 per week |
|
Order paragraph #9 |
$500 per week |
|
Order paragraph #10 |
$500 per week |
|
Order paragraph #11 |
$500 per week |
|
Order paragraph #13 |
$500 per week |
|
Order paragraph #14 |
$500 per week |
|
Order paragraph #20 |
$100 per week |
|
Order paragraph #21 |
$100 per week |
|
Order paragraph #22 |
$100 per week |
|
Order paragraph #23 |
$500 per week |
|
Order paragraph #24 |
$100 per week |
|
Order paragraph #25 |
$100 per week |
|
Order paragraph #26 |
$100 per week |
|
Order paragraph #28 |
$100 per week |
|
Order paragraph #29 |
$100 per week |
33.
Stipulated penalties shall be due and payable
after Respondent receives written notice that
Complainant has determined a stipulated penalty is due; at which time, a
separate invoice will be issued. 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.
34. In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date and if Respondent does not complete the SEP by June 1, 2024, the full amount of the civil penalty, as stated in paragraph 30 above, an additional penalty of 10 percent on the remaining amount, less the portion of the civil penalty Respondent has already paid, shall be payable to “Indiana Department of Environmental Management” and shall be payable to IDEM in the manner specified in Paragraph 30, above.
35. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.
36. 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.
37. 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.
38. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: Department of
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RESPONDENT: Custom Curve Cabinetry LLC |
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APPROVED AND
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MANAGEMENT THIS |
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For the
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Signed 8/22/2023 |
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Peggy Dorsey |
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