STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CASE NO. 2000-9535-S
v. )
)
CONGRESS ENTERPRISES, INC., )
)
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 Congress Enterprises, Inc. (hereinafter referred to as "Respondent"), which owns the property at 1001 Lake St., Lake Station, Lake County, Indiana ("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 to:
Sharmaine Rowe, Fred Congress
President and Congress Enterprises, Inc.
Registered Agent for : 1001 Lake St.
Congress Enterprises, Inc. Gary, IN 46403
880 Idaho Street
Gary, IN 46403
5. Inspections were conducted at the Site on June 6, 2000, by representatives of IDEM=s Office of Land Quality, the Indiana Department of Natural Resources and other agencies. The following violations were in existence or observed at the time of these inspections:
B. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147 are prohibited. During the above noted inspection, Congress caused or allowed the open dumping of solid waste at the site.
C. Pursuant to IC 13-30-2-1(5), a person may not dump or 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. During the above noted inspection, Congress caused or allowed the open dumping of solid waste at the site.
D. Pursuant to IC 13-30-2-1(3), a person may not deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one (1) of the boards. During the above noted inspection, Congress caused or allowed the open dumping of solid waste at the site.
6. The violations identified at the Site on June 6, 2000, have been corrected.
7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
II. ORDER
2. Respondent shall comply with all applicable environmental rules and statutes.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Craig Henry, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
4. Respondent is assessed a civil penalty of Thirteen Thousand Five Hundred Dollars ($13,500.00). The civil penalty shall be paid in the following manner: twelve monthly installments of $1,125.00 each. The first installment of the civil penalty has been paid. The second installment of the civil penalty shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order. Each subsequent installment shall be due in thirty (30) day intervals.
5. Civil 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
6. In the event that the second installment of the civil penalty required by paragraph 4 is not paid within thirty (30) days of the Effective Date of this Agreed Order or any subsequent payment is not paid in thirty day intervals, the entire unpaid balance shall be due and payable immediately. The 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.
change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
8. 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.
9. 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.
10. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Congress Enterprises, Inc.
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 June 6, 2001
_________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement