STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CASE NO. 2000-9368-S
)
JAMAX CORPORATION, )
)
)
Respondent. )
AGREED ORDER
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.
I. FINDINGS OF FACT
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 Jamax Corporation (hereinafter referred to as "Respondent"), who owns and operates the Jamax Transfer Station, located at 2706 North Second Street, Terre Haute, Knox County, Indiana ("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 September 22, 2000, for Case No. 2000-9368-S to:
James H. Cosman, President C T Corporation System, Registered Agent
Jamax Corporation One North Capital Avenue
110 S.E. 6th St., 28th Floor Indianapolis, Indiana 46204
Ft. Lauderdale, Florida 33301
5. On December 9, 1999; March 7, 2000; May 4, 2000; May 18, 2000; June 2, 2000; July 10, 2000; and July 25, 2000; inspections were conducted at the Site by a representative of IDEM's Office of Land Quality (OLQ). The following violations were in existence or observed at the time of these inspections.
a. Pursuant to 329 IAC 11-13-4(c), and Permit #49-9, construction condition B1, which requires that the ground surface around the facility must be properly sloped, graded, and maintained to promote proper surface water run-off and to prevent ponding of water. This violation is based on the fact that during some or all of the inspections noted above IDEM observed that there was standing water on the Site and the Site was not properly sloped and graded, thus constituting a nuisance and/or a public health hazard.
b. Pursuant to 329 IAC 11-13-4(a), solid waste must be confined to the designated storage, process, loading, and unloading areas of the processing facility. The processing facility and adjacent areas must be maintained clean and litter free. This violation is based on the fact that during some or all of the inspections noted above IDEM observed that there were debris and solid waste piles located throughout the Site.
c. Pursuant to 329 IAC 11-13-4(d), residues from solid waste processing facilities and incinerators are special wastes and must be disposed of in accordance with 329 IAC 10-8.1. This violation is based on the fact that during some or all of the inspections noted above IDEM observed that wastewater had accumulated under the drop off area of the Site.
d. Pursuant to 329 IAC 11-21-8(1), all transfer stations must be operated in a manner that minimizes the inclusion of liquids and vectors into the municipal waste shipped from the transfer station. This violation is based upon the fact that during some or all of the inspections noted above IDEM observed several areas of standing water commingled with solid waste on the ground and in uncovered storage containers at the Site.
e. Pursuant to 329 IAC 11-11-6(c), to request a change in facility plans or operation, the permittee must request that the commissioner modify the permit before any permitted changes are made in the approved plans. This violation is based upon the fact that during some or all of the inspections noted above IDEM observed the ground surface around the Site had not been properly sloped, graded, and maintained to promote proper surface water run-off and to prevent ponding of water, thus a violation of Permit #49-9, construction conditions B1, and B2.
f. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination. This violation is based upon the fact that during some or all of the inspections noted above IDEM observed debris and solid waste piles located throughout the Site.
g. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC13-11-2-146 and IC 13-11-2-147, are prohibited. This violation is based upon the fact that during some or all of the inspections noted above IDEM observed debris and solid waste piles located throughout the Site.
j. Pursuant to IC 13-30-2-1(5), a person may not dump, cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board. This violation is based upon the fact that during some or all of the inspections noted above IDEM observed debris and solid waste piles located throughout the Site.
k. Pursuant to 329 IAC 11-12-1(a), a newly constructed solid waste processing facility or incinerator that holds a valid permit under this article must not accept solid waste until it has complied with the applicable preoperational requirements of this rule. This violation is based upon the fact that during some or all of the inspections noted above IDEM observed that the Respondent accepted solid waste at the Site before meeting the preoperational requirements at the Site.
l. Pursuant to 329 IAC 11-12-2, before beginning operation, a solid waste processing facility must complete the initial facility development outlined in the permitted plans and specifications. Initial facility development includes: (1) construction of buildings or structures and on-site roads; (2) installation of equipment for storage, processing, and handling of solid waste; and (3) installation of access control, sanitary facilities, signs, communication devices, and utilities. This violation is based upon the fact that during some or all of the inspections noted above IDEM observed that the Respondent had begun operating as a transfer station accepting solid waste prior to the construction of the approved Transfer Station.
m. Pursuant to 329 IAC 11-21-8(3), any municipal waste that is stored overnight at the facility, except nonputrescible waste that has been segregated for recycling, must be removed from the site the following operating day except for holidays and weekends. Any municipal waste stored overnight must be stored in a manner to promote vector control. This violation is based upon the fact that during some or all of the inspections noted above IDEM observed municipal waste stored overnight in uncovered rolloffs.
6. In recognition of the settlement reached, Respondent 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 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 cease and desist from further unpermitted activities at the Site.
3. Respondent shall properly cover all rolloffs at the end of each operating day upon the Effective Date of this Agreed Order.
4. Respondent shall properly manage all wastewater accumulated at the Site upon the Effective Date of this Agreed Order.
7. The civil penalty is 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
8. In the event that the civil penalty required by Order Paragraph 6 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.
9. 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.
10. 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.
11. 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.
12. This Agreed Order shall remain in effect until the Respondent has complied with all the conditions of this Agreed Order and IDEM has issued correspondence to the Respondent stating all preoperational requirements for the transfer station have been met.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Paul Higginbotham, Chief
Solid Waste/UST Section Printed:_________________________
Office of Enforcement
Title:___________________________
Date:__________________________ Date:___________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Office of Legal Counsel
Department of Environmental Management
Date:__________________________ Date:___________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS __________ DAY OF __________________, 2001.
For the Commissioner:
Signed May 10, 2001 Felicia A. Robinson
Assistant Commissioner
Office of Enforcement