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STATE
OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. UMH
BROADMORE, LLC, 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.
UMH
Broadmore, LLC (Respondent), owns/operates the Broadmore Estates Manufactured Housing Community Wastewater
Treatment Plant, located at 58874 State Road 15, Goshen, Elkhart County,
Indiana (the Site).
Respondent
owns/operates a community public water system (PWS) with PWSID No. IN5220012,
serving 972 persons. The PWS is located at 900 Broadmore
Estates, Goshen, Elkhart County, Indiana.
3.
Respondent
is authorized by its National Pollutant Discharge Elimination System (NPDES)
Permit No. IN0038989 (the Permit) to discharge wastewater treated in accordance
with the terms and conditions of the Permit from the Wastewater Treatment Plant
(WWTP) into the receiving stream named Park Creek, located within the Lake
Michigan drainage basin, from Outfall 001.
4.
IDEM
has jurisdiction over the parties and the subject matter of this action
pursuant to IC 13-30-3.
5.
Pursuant
to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified
Mail/personal service to:
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Corporation
Service Company, Registered Agent |
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Jeffrey
Yorick, Vice President for Engineering |
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UMH IN
Broadmore, LLC |
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UMH
Properties, Inc. |
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135 North
Pennsylvania Street, Suite 1610 |
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150 Clay
Street, Suite 450 |
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Indianapolis,
IN 46204 |
|
Morgantown,
West Virginia 26501 |
6.
During
an investigation conducted by a representative of IDEM, violations were found,
as described below.
7.
327
Indiana Administrative Code (IAC) 5-2-8(1), states the permittee shall comply
with all terms and conditions of the Permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and Indiana Code (IC) 13 and is
grounds for enforcement action by IDEM.
8.
Pursuant
to Part I.A.1 of the Permit, the permittee is required to comply with the
monitoring requirements contained in the Permit, including effluent
limitations.
Discharge
Monitoring Reports (DMRs) and Monthly Reports of Operation (MROs) submitted by
Respondent for the period of August 2021 through January 2024 revealed
violations of effluent limitations contained in Part I.A.1 of the Permit as
follows:
A.
The
minimum daily average concentration limitation for dissolved oxygen was not met
during December 2022.
B.
The
maximum weekly average concentration limitation for total suspended solids
(TSS) was exceeded during January, May, July, October, November, and December
2023, and January 2024.
C.
The
monthly average concentration limitation for TSS was exceeded during May,
October, November, and December 2023, and January 2024.
D.
The
maximum weekly average loading limitation for TSS was exceeded during May,
July, October, November, and December 2023, and January 2024.
E.
The
maximum monthly average loading limitation for TSS was exceeded during May,
September, October, November, and December 2023, and January 2024.
F.
The
daily maximum concentration limitation for ammonia (as nitrogen) was exceeded
during December 2021, November 2022, January, February, March, April, May,
June, July, August, September, October, November, and December 2023, and
January 2024.
G.
The
monthly average concentration limitation for ammonia (as nitrogen) was exceeded
during November 2022, January, February, March, April, May, June, July, August,
September, October, November, and December 2023, and January 2024.
H.
The
daily maximum loading limitation for ammonia (as nitrogen) was November 2022,
January, February, May, June, July, August, September, October, November, and
December 2023, and January 2024.
I.
The
monthly average loading limitation for ammonia (as nitrogen) was exceeded
during November 2022, January, February, May, June, July, August, September,
October, November, and December 2023, and January 2024.
J.
The
daily maximum concentration limitation for E. coli was exceeded during August
2021, September 2022, April, May, June, July, August, September, and October
2023.
K.
The
monthly geometric mean limitation for E. coli was exceeded during April, May,
June, July, August, September, and October 2023.
L.
The
maximum weekly average concentration limitation for BOD
was exceeded during March, April, May, June, July, August, and September 2023,
and January 2024.
M.
The
maximum monthly average concentration limitation for BOD was exceeded during
March, April, May, June, July, August, September, and October 2023, and January
2024.
N.
The
maximum weekly average loading limitation for BOD was exceeded during May,
June, July, August, September, and October 2023, and January 2024.
O.
The
maximum monthly average loading limitation for BOD was exceeded during May,
June, July, August, September, and October 2023, and January 2024.
Respondent
failed to comply with the effluent limitations from Outfall 001 contained in
the Permit, in violation of Part I.A.1 of the Permit.
9. Pursuant to IC 13-18-4-5, a person may
not: (1) throw, run, drain, or otherwise dispose; or (2) cause, permit, or
suffer to be thrown, run, drained, allowed to seep, or otherwise disposed; into
any of the streams or waters of Indiana any organic or inorganic matter that
causes or contributes to a polluted condition of any of the streams or waters
of Indiana.
Pursuant to IC 13-30-2-1(1), it is unlawful
for any person to discharge, emit, cause or allow any contaminant or waste,
including any noxious odor, either alone or in combination with contaminants
from other sources in the environment in any form that causes or would cause
pollution that violates or would violate rules, standards, or discharge or
emission requirements adopted by the appropriate board under the environmental
management laws.
Pursuant to 327 IAC 5-2-2, any discharge of
pollutants into waters of the State, as a point source discharge, is prohibited
unless in conformity with a valid NPDES permit obtained from IDEM prior to the
discharge.
Pursuant to 327 IAC 2-1.5-8(b)(1) and Part
I.A.2 of the Permit, all surface waters within the Great Lakes system at all
times and at all places, including waters within the mixing zone, shall meet
the minimum conditions of being free from substances, materials, floating
debris, oil or scum attributable to municipal, industrial, agricultural, and
other land use practices or other discharges that do any of the following:
a. will settle to form putrescent or
otherwise objectionable deposits;
b. are in amounts sufficient to be unsightly or deleterious;
c. produce color, visible oil sheen, odor,
or other conditions in such degree as to create a nuisance;
d. are in
concentrations or combinations that will cause or contribute to the growth of
aquatic plants or algae to such degree as to create a nuisance, be unsightly,
or otherwise impair the designated uses; or
e. are in amounts
sufficient to be acutely toxic to, or to otherwise severely injure or kill
aquatic life, other animals, plants, or humans.
During the inspections on December 2, 2022,
and December 5, 2022, IDEM staff observed and documented the mixing zone at Outfall
001 showed evidence of accumulated sludge.
During the inspection on January 22, 2024,
IDEM staff observed and documented the PWS south treatment plant discharged
backwash into a nearby creek without a permit.
The unpermitted discharges noted above are in
violation of IC 13-18-4-5, IC 13-30-2-1(1), 327 IAC 5-2-2, 327 IAC
2-1.5-8(b)(1), and Part I.A.2 of the Permit.
10.
Pursuant
to Part I.B.6 of the Permit, the permittee shall record and maintain records of
all monitoring information on activities under the Permit.
During
the inspection on July 25, 2022, IDEM staff observed and documented a lack of
documentation for pH meter calibration, in violation of Part I.B.6 of the
Permit.
11.
Pursuant
to 327 IAC 5-2-8(9) and Part II.B.1 of the Permit, the permittee shall at all
times maintain in good working order and efficiently operate all facilities and
systems (and related appurtenances) for the collection and treatment which are
installed or used by the permittee and which are
necessary for achieving compliance with the terms and conditions of the permit.
During the inspection on July 25, 2022, IDEM
staff observed and documented inadequate maintenance and operation of the
facilities, specifically:
A.
The concrete lid covering the wet well
demonstrated deterioration and it is considered to be a safety hazard;
B.
The air distribution line was broken;
C.
Influent was flowing into the WWTP, but there
was not enough activated sludge to adequately treat the wastewater;
D.
One of the two blowers was old and was not
operating at full capacity;
E.
Plant operators reported maintaining the
aeration system with enough air often requires diverting air from other units
of treatment;
F.
A records review indicated that during warmer
weather months the aeration tanks struggle to maintain dissolved oxygen at 2 milligram
per liter (mg/l); and,
G.
The WWTP was located inside a pole barn with
low light that created poor overall visibility and made it difficult for IDEM
staff to thoroughly inspect all units of treatment.
During the inspection(s) on December 2, 2022,
IDEM staff observed and documented inadequate maintenance and operation of the
facilities, specifically:
H. The
concrete lid covering the wet well still demonstrated deterioration and it is
considered to be a safety hazard;
I. One of
the two blowers was not in service;
J. The mixed
liquor appeared a dark-gray color and there appeared to be a high inventory of solids;
K. The
clarifier showed no settling, and a sludge blanket floated on the surface;
L. The
deficiencies in sludge settling caused sludge to surge through the effluent primary
post-aeration basin;
M. The lift
station located about 30 meters south of Outfall 001 showed accumulated sludge,
floatable trash, and grease; and,
N. The WWTP
was holding excessive solids throughout the treatment plant.
Each in violation of 327 IAC 5-2-8(9) and Part
II.B.1 of the Permit.
12.
Pursuant
to Part II.B.4 of the Permit, solids, sludges, filter backwash, or other
pollutants removed from or resulting from treatment or control of wastewaters
shall be disposed of in a manner such as to prevent any pollutant from such
materials from entering waters of the State and to be in compliance with all
Indiana statutes and regulations relative to liquid and/or solid waste
disposal.
During
the inspection on December 2, 2022, IDEM staff observed and documented the
digester was at full capacity and the WWTP was holding excessive solids
throughout the WWTP, in violation of Part II.B.4 of the Permit.
13.
Pursuant
to Part II.B.6 of the Permit, any overflow or release of sanitary wastewater
from the wastewater treatment facilities or collection system that results in a
discharge to waters of the state and is not specifically authorized by this
permit is expressly prohibited.
During inspections on March 22, 2023,
May 17, 2023, and January 14, 2024, IDEM staff observed and documented that Respondent
had releases of sanitary wastewater to waters of the State, not specifically
authorized by the Permit, in violation of Part II.B.6 of the Permit.
14.
Pursuant
to 327 IAC 8-2-44(d), a water system shall deliver a consumer notification of
lead tap water monitoring results to person served by the water system at sites
that are tested. A water system shall provide the consumer notification as soon
as practical, but not later than 30 days after the system learns of the lead
tap water monitoring results.
IDEM
records indicate that Respondent failed to provide a consumer notification to
persons served by the water system at sites that are tested in 2021, in
violation of 327 IAC 8-2-44(d).
327 IAC 8-2-8.2(f) states significant
deficiencies are conditions found during a sanitary survey that have a
potential to cause an immediate risk to human health; or any deficiency that
was found during a previous sanitary survey but has not been corrected; or the
PWS is not in compliance with a correction schedule approved by the
commissioner.
Pursuant to 327 IAC 8-2-8.2(h), PWSs
using ground water shall respond in writing to any deficiency that was found
during a sanitary survey that is reported to the PWS using ground water by the
commissioner. Response requirements are as follows:
1.
The
response must:
A.
be
made within thirty (30) days of receipt of the report; and
B.
indicate:
i.
how
the PWS will address deficiencies found during the sanitary survey; and
ii.
on
what schedule the PWS will address deficiencies found during the sanitary
survey.
On March 11, 2024, a sanitary survey was
conducted by IDEM at the Site in which significant deficiencies were found. An
Inspection Summary Letter dated March 15, 2024, was sent to the Respondent
requiring a written response to IDEM within 30 days. No written response has
been received to date. Respondent has failed to meet the response due date, in
violation of 327 IAC 8-2-8.2(h).
16.
On July
25, 2022, December 5, 2022, and January 22, 2024, IDEM sent Inspection Summary
Letter(s) to Respondent outlining violations at the WWTP. The letters required
a response detailing actions taken to correct the violations. IDEM received
responses to the letter(s) explaining compliance actions Respondent took or
would take to address the violations. However, the responses did not adequately
address the violations noted above at the WWTP.
17.
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 adopted by
Complainant or Complainant’s delegate (as evidenced by signature), and the
adopted Agreed Order has been received by Respondent. This Agreed Order shall
have no force or effect until the Effective Date. In addition to addressing the
violations cited in Paragraphs 8 through 15 of the Findings of Fact above, this
Agreed Order also addresses any additional violations of these same rules that
may have occurred subsequent to the issuance of the
NOV and prior to the Effective Date.
2.
Respondent
shall comply with rules and statutes listed in the findings above at issue.
3.
Respondent
shall report any release of sanitary wastewater to waters
of the State, not specifically authorized by the Permit, in accordance with
Part II.C.3 of the Permit.
4.
Within 30 days of the Effective Date, Respondent shall
develop and submit to IDEM for approval a Compliance Plan (CP) which identifies
actions that Respondent will take to achieve and maintain compliance with its
Permit, specifically including the actions Respondent will take to:
A.
Achieve and maintain compliance with effluent
limitations contained in the Permit, specifically dissolved oxygen, TSS,
ammonia (as nitrogen), E. coli, and BOD;
B.
Assure proper removal, storage and disposal of sludge solids;
C.
Evaluate all units of treatment, including lift stations;
D.
Repair or replace equipment as needed;
E.
Improve visibility of the treatment plant;
F.
Maintain documentation for pH calibration and for
demonstrating compliance with solids and sludge removal and disposal requirements;
G.
Supply an adequate volume of air to applicable units of treatment;
H.
Develop and implement a preventative maintenance program
for WWTP equipment, and document all maintenance (preventative and repair) in a
permanent record;
I.
Develop and implement a preventative maintenance program
for the sanitary sewer collection system, which includes methods and milestone
dates for locating and eliminating sources of inflow and infiltration (I/I) in
the sewer system; and,
J.
Prevent unauthorized discharge from the south water
treatment plant by either:
i. Connecting to and
redirecting the backwash wastewater to the WWTP; or,
ii. Obtain an NPDES
Permit for discharge to a receiving stream.
The CP shall include an
implementation and completion schedule, including specific milestone dates.
Respondent
shall notify IDEM in writing of variations to the approved CP.
5.
Respondent
shall, after completion of the work required pursuant to the approved CP from
Paragraph 4 above, demonstrate 12 consecutive months of compliance (Compliance
Demonstration) with the terms and conditions of the Permit.
6.
In
the event that
violation(s) occur during the Compliance Demonstration, within 30 days of the
violation, Respondent shall develop and submit to IDEM, for approval, an
Additional Action Plan (AAP) which identifies the additional actions that
Respondent will take to achieve and maintain compliance with the terms and
conditions of the Permit. The AAP, if required, shall include an implementation
and completion schedule, including specific milestone dates.
7.
The plans required by Order Paragraphs 4 and 6
are subject to IDEM approval. In the event IDEM determines that any plan or any
modified 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 submissions of such plan by Respondent, IDEM may seek civil
enforcement of this Order.
8.
Respondent, upon receipt of written notification
from IDEM, shall immediately implement the approved plan(s) and adhere to the
milestone dates therein. The approved CP and AAP shall be incorporated into the
Agreed Order and shall be deemed an enforceable part thereof.
Following completion of the
actions included in the AAP, the 12-month Compliance Demonstration, as
specified in Paragraph 5 above, will re-start. Failure to achieve compliance at
the conclusion of work under an AAP may subject Respondent to additional
enforcement action.
9.
Beginning
upon receipt of approval of the CP or AAP and continuing until the successful
completion of implementation of the approved CP or AAP, Respondent shall submit
to IDEM regular progress reports identifying compliance actions implemented and
completion of each required milestone in the CP or AAP. The frequency of
progress report submittals shall be specified in IDEM’s written notification to
Respondent of the plan approval and will be based on the proposed milestones in
the approved plan(s).
10.
Beginning
on the Effective Date and continuing until the successful completion of the
approved CP, Respondent shall, at all times, operate
its existing WWTP as efficiently and effectively as possible.
11.
Within 30 days of receiving the lead and copper results,
Respondent shall deliver the Consumer Notice of Lead Results in Drinking Water
Form (attached) to persons served by the water system.
12.
Within 10 days of issuing the Consumer Notice of Lead
Results in Drinking Water Form to persons served by the water system,
Respondent shall send IDEM a signed Certification Form for Consumer Notice of
Lead Results (attached).
13.
Within 30 days of the Effective Date, Respondent shall
respond in writing to all deficiencies noted in the Sanitary Survey conducted
on March 11, 2024. The response must indicate:
1.
how Respondent will address deficiencies found during
the sanitary survey; and
2.
on what schedule (milestone dates) Respondent will
address deficiencies found during the sanitary survey.
14.
The written response required by Order Paragraph 13 is
subject to IDEM approval. In the event IDEM determines that the written
response submitted by Respondent is deficient or otherwise unacceptable,
Respondent shall revise and resubmit the written response to IDEM in accordance
with IDEM’s notice. After three submissions of such written response by
Respondent, IDEM may seek civil enforcement of this Order.
15.
Respondent, upon receipt of written notification from
IDEM, shall immediately implement the approved written response and adhere to
the milestone dates therein. The approved written response shall be
incorporated into the Agreed Order and shall be deemed an enforceable part
thereof.
16.
Within 10 days of each required milestone included in
the written response, Respondent shall submit to IDEM a written progress report
or notification of completion for each milestone.
17.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
|
Grant
Chaddock, Enforcement Case Manager |
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Office
of Water Quality – IGCN 1255 |
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Indiana
Department of Environmental Management 100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
18.
Respondent
is assessed and agrees to pay a civil penalty of Thirty-One Thousand Six
Hundred Dollars ($31,600). Respondent shall pay the civil penalty by the due
date printed on the invoice, as attached.
Civil
and stipulated penalties are payable to the “Environmental Management Special
Fund” by mail, phone, or online following the instructions below:
Mail:
Civil
and stipulated penalties are payable by check to the “Environmental Management
Special Fund.” Checks shall include the Case Number 2024-29995-W 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 will be charged for
e-Check payments. The
Case Number 2024-29995-W of this action is required to complete the
process.
Phone:
Accounts
Receivable also accepts payments by phone at 317-234-3099. 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 will be charged for
e-Check payments. The
Case Number 2024-29995-W is required to complete the process.
19.
In
the event the terms and conditions of the following paragraphs are violated,
IDEM may assess and Respondent shall pay the
corresponding stipulated penalty:
|
Paragraph |
Violation |
Stipulated
Penalty |
|
3 |
Failure to report any release of sanitary
wastewater to waters of the State, not specifically authorized by the Permit. |
$500 per week late, or part thereof. |
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4 |
Failure
to submit the CP within the required time period. |
$250
per week late, or part thereof. |
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5 |
For
violations of terms and conditions of the Permit during the Compliance
Demonstration. |
$400
per violation |
|
6 |
Failure
to submit the AAP, if required, within the given time
period. |
$500
per week late, or part thereof. |
|
7 |
Failure
to modify the CP and/or AAP, if required, within the given time
period. |
$500
per week late, or part thereof. |
|
8 |
Failure
to meet and/or implement any milestone date set forth in the approved CP or
AAP. |
$500
per week late, or part thereof. |
|
9 |
Failure
to submit to IDEM a written progress report as specified in the CP or AAP
approval letter. |
$150
per week late, or part thereof. |
|
10 |
Failure
to operate the WWTP as efficiently and effectively as possible prior to
Compliance Demonstration. |
$200
per violation. |
|
11 |
Failure
to deliver the Consumer Notice of Lead Results in Drinking Water form to
persons served. |
$300
per week, or part thereof. |
|
12 |
Failure
to send to IDEM the Certification Form for Consumer Notice of Lead Results. |
$300
per week, or part thereof. |
|
13 |
Failure
to submit a written response within the required time
period. |
$250
per week, or part thereof. |
|
14 |
Failure
to modify the written response, if required, within the given time period. |
$300
per week late, or part thereof. |
|
15 |
Failure
to meet and/or implement any milestone date set forth in the approved written
response. |
$350
per week late, or part thereof. |
|
16 |
Failure
to submit to IDEM a written progress report or notification of completion of
each milestone, within the given time period. |
$150
per week late, or part thereof. |
20.
Stipulated
penalties shall be due and payable no
later than the 30th day after Respondent receives written
notice that IDEM has determined a stipulated penalty is due, the 30th day being a “Due Date.”
IDEM 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 IDEM’s right to collect such stipulated
penalty or preclude IDEM from seeking additional relief against Respondent for violation
of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude IDEM 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.
21.
This
Agreed Order shall apply to and be binding upon Respondent, 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.
22.
In
the event that the
monies due to IDEM pursuant to this Agreed Order are not paid on or before the
Due Date, Respondent shall pay interest on the unpaid balance and any accrued
interest 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. The interest shall continue to accrue on the first of each
month until the civil penalty and any interest accrued are paid in full. Such
interest shall be payable to the “Environmental Management Special Fund,” and
shall be payable to IDEM in the manner specified above.
23.
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.
24.
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.
25.
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.
26.
Complainant
does not, by his 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.
27.
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 Notice of Violation.
28.
Nothing
in this Agreed Order shall prevent IDEM (or anyone acting on its behalf) from
communicating with the United States Environmental Protection Agency (US 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 US EPA or any other agency or entity.
29.
This
Agreed Order shall remain in effect until Respondent has complied with the
terms and conditions of this Agreed Order and IDEM issues a Resolution of Case
(close out) letter to Respondent.
REMAINDER OF PAGE INTENTIONALLY LEFT
BLANK.
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TECHNICAL
RECOMMENDATION: Department of
Environmental Management |
RESPONDENT: UMC
Broadmore, LLC |
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Amari Farren,
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COUNSEL
FOR RESPONDENT: |
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By: |
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Date: |
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APPROVED AND
ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS |
DAY OF |
, 20__. |
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For the
Commissioner: |
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Martha
Clark Mettler |
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Assistant
Commissioner |
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Office of
Water Quality |
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