STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CAUSE NO. 1999-8758-H
v. )
)
LENKOTE POLYMER, 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 Lenkote Polymer, Inc. (hereinafter referred to as "Respondent"), which
operated a company doing business at 107 Freyer Road, LaPorte County, Indiana.
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 to:
Jeff Risetter
Lenkote Polymers, Inc.
3005 Cascade Drive
Valparaiso, Indiana 46384
5. Respondent has never notified the United States Environmental Protection Agency (EPA)
or IDEM of any hazardous waste activities.
6. Respondent was inspected on September 3rd, October 6th, and December 3rd and 21st,
1999 by Mr. Scott Ormsby of IDEM's Office of Land Quality (OLQ). Based on these
investigations, IDEM contends that the following violation was in existence or observed
at the time of the inspections.
a. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine
if that waste is hazardous. Based on information gathered by IDEM, Respondent
failed to make hazardous waste determinations on the following:
1. Fifty-nine 55-gallon drums of unknown material.
2. Several hundred 5-gallon and 1-gallon containers with unknown materials
in them.
On February 25, 2000, IDEM received copies of lab analyses showing that some
of the containers on-site contained hazardous waste.
7. 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. Within thirty (30) days of the Effective Date of the Order, Respondent shall notify the US
EPA of the facility's hazardous waste regulatory status.
3. Upon the Effective Date of the Order, Respondent shall manage and dispose of all
hazardous waste in accordance with 40 CFR Part 262, Standards Applicable to
Generators of Hazardous Waste.
4. Within thirty (30) days of the Effective Date of the Order, Respondent shall submit
documentation to IDEM that all hazardous waste is being properly managed and
disposed.
5. Within thirty (30) days of the Effective Date of the Order, Respondent shall transport or
arrange for the transport of containers of solid waste to an appropriate disposal facility.
6. All submittals required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
Aubrey N. Sherif, Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
7. All submittals required by this Agreed Order shall contain the following certification:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based upon
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
8. Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000). Said penalty
amount shall be due and payable to the Environmental Management Special Fund in four
equal installments of $1,250 over a twelve month period, with the first installment due
within thirty (30) days of the Effective Date of this Agreed Order. This penalty reflects a
significant reduction by IDEM based upon evidence submitted by the Respondent which
adequately demonstrated an inability to pay a penalty in the amount commensurate with
the violation cited in the Findings of Fact.
9. 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 day
Order Condition # 4 $1,000 per day
10. 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.
11. 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
12. In the event that any installment of the civil penalty required by paragraph 8 is not paid
within thirty (30) days of the due date, 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 installment is paid in full.
13. 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.
14. 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.
15. 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.
16. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter
to Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Nancy L. Johnston, Chief
Hazardous Waste Section Printed:________________________
Office of Enforcement
Title:__________________________
Date:_________________________ Date:__________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Office of Legal Counsel
Date:__________________________ Date:___________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS __________ DAY OF __________________, 2000.
For the Commissioner:
Signed May 31, 2000
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven