STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CASE NO. 1999-8682-S
v. )
)
CROWE WRECKING COMPANY, INC., )
)
Respondent. )
The Complainant and the 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.
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the
Indiana Department of Environmental Management, a department of the State of Indiana
created by IC 13-13-1-1.
2. Respondent is Crowe Wrecking Company, Inc. (hereinafter referred to as "Respondent"),
who is a company doing business at 2400 North Grove Street, Evansville, Vanderburgh
County, Indiana (hereinafter referred to as the "Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over
the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail on
February 21, 2000, to:
Karl Crowe, President
Crowe Wrecking Co., Inc.
2400 North Grove Street
Evansville, IN 47710
5.
Designated representatives of IDEM conducted inspections at the facility on July 19,
1999, August 31, 1999, October 18, 1999, November 8, 1999, December 20, 1999, and
January 4, 2000. During these inspections the following violations were observed:
A. Pursuant to 329 IAC 10-37-3, owners and operators of a construction/demolition
site shall apply no less than two (2) feet of final cover over any area in the fill
within one hundred eighty (180) days when solid waste has not been disposed of
for one (1) year, or any area of the construction/demolition site that has been
filled to its approved elevation. The construction/demolition site must have a
maximum projected erosion rate of five (5) tons per acre per year, and the final
cover must have a slope of not less than two percent (2%) and not greater than
thirty-three percent (33%). This violation is based on the fact that during the
above noted inspections, final cover has not been adequately applied at the Site
within one hundred eighty (180) days of no additional disposal for one (1) year.
B. Pursuant to 329 IAC 10-36-14(a) and (b) and (c), cover material must be
continuously maintained, including the application and compaction of additional
cover as needed to maintain required depth. A grass or ground cover crop must
be established and maintained continuously as soon as weather permits and
seasonal conditions are suitable. The site must be graded to promote surface
water drainage and to prevent the ponding of water on previously filled areas.
This violation is based on the fact that during the above noted inspections the
cover material has not been adequately maintained as to required depth,
vegetation cover and proper grading.
C. Pursuant to 329 IAC 10-37-1, owners or operators of a construction/demolition
site shall close the facilities in a manner that minimizes the need for further
maintenance, controls post-closure escape of waste, waste constituents, leachate,
contaminated precipitation, or waste decomposition products to the ground or
surface waters or atmosphere and is in compliance with applicable closure
provisions and conditions imposed in the facility permit. This violation is based
on the fact that during the above noted inspections, the closure standards have not
been met for the closure requirements listed above.
D. Pursuant to 329 IAC 10-36-15(a) and (b), any leachate on the surface of a construction/demolition site must be immediately managed or controlled to
prevent off-site migration. Any surface movement of leachate past a point of
fifty (50) feet outside of the solid waste boundary is prohibited except as
specified in the facility permit. This violation is based on the fact that during the
above noted inspections, leachate migrated off-site, past a point of fifty (50) feet
outside the solid waste boundary.
6. In recognition of the settlement reached, Respondent waives any right to administrative
and judicial review of this Agreed Order.
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the
Complainant or her delegate, and has been received by the Respondent. This Agreed
Order shall have no force or effect until the Effective Date.
2. Respondent shall follow final closure activities per the approved submitted plan
prepared by American Enviro-Services and have final cover and vegetation placed over
the entire landfill by June 20, 2000.
3. Respondent shall properly collect and manage leachate generated at the Site as needed.
4. All submittals required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
Jennifer Fajt, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
5. Respondent is assessed a civil penalty of $11,718.75, to be paid in six (6) quarterly
payments. The first payment of $1,953.13 shall be due on or before June 30, 2000. The
second payment of $1,953.12 shall be due on or before September 29, 2000. The third
payment of $1,953.13 shall be due on or before December 29, 2000. The fourth
payment of $1,953.12 shall be due on or before March 30, 2001. The fifth payment of
$1,953.13 shall be due on or before June 29, 2001. The sixth and final payment of
$1,953.12 shall be due on or before September 28, 2001. Said penalty amounts shall be
payable to the Environmental Management Special Fund.
6. In the event the following terms and conditions are violated, the Complainant may
assess and the Respondent shall pay a stipulated penalty in the following amounts:
Violation Penalty
Order Condition #2 $1,000 per week
Order Condition #3 $500 per event
7. Stipulated penalties shall be due and payable within thirty (30) days after Respondent
receives written notice that the Complainant has determined a stipulated penalty is due.
Assessment and payment of stipulated penalties shall not preclude the Complainant from
seeking any additional relief against the Respondent for violation of the Agreed Order.
In lieu of assessment of any of the stipulated penalty given above, the Complainant may
seek any other remedies or sanctions available by virtue of Respondent's violation of this
Agreed Order, or Indiana Law, including but not limited to civil penalties pursuant to IC
13-30-4.
8. Civil and stipulated penalties are payable by check to the Environmental Management
Special Fund. Checks shall include the Cause Number of this action and shall be mailed
to:
Cashier
IDEM
100 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060
9. In the event that the civil penalty required by paragraph 5 is not paid within thirty (30)
days of the Effective Date of this Agreed Order, Respondent shall pay interest on the
unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to
accrue until the civil penalty is paid in full.
10. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's
signatories to this Agreed Order certify that they are fully authorized to execute this
document and legally bind the parties they represent. No change in ownership,
corporate, or partnership status of the Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
11. 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 the
Agreed Order did not contain the invalid terms.
12. The 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.
13. This Agreed Order shall remain in effect until Respondent has complied with all terms
and conditions of this Agreed Order
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Paul Higginbotham, Chief
Solid Waste Section Printed:________________________
Office of Enforcement
Title:__________________________
Date:_________________________ Date:__________________________
COUNSEL FOR COMPLAINANT:
Department of Environmental Management
By:___________________________
Office of Legal Counsel
Department of Environmental Management
Date:__________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS __________ DAY OF __________________, 2000.
For the Commissioner:
Signed on 5/18/00
_________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven