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STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,            )                
                            )
            v.                )    CAUSE NO. B-2342
                            )
RONALD and ANGELA DUNAVAN, Owners    )
of HONEY DEW WASTE REMOVAL,         )
                            )
        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.    Respondents are Ronald and Angela Dunavan, owners of Honey Dew Waste Removal (hereinafter referred to as "Respondent"), who own and operate a septic hauling business located in Vermillion County at 802 West 550 North, Cayuga, 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 on March 4, 1999 , via Certified Mail to:
                 Ronald and Angela Dunavan, Owners
                Honey Dew Waste Removal
                RR 1 Box 135B
                Cayuga, IN 47928.
                
     5.     327 IAC 7-6-5(3) states, in substance, that wastewater must be surface spread or incorporated uniformly to prevent overlapping. "Spot dumping" from stationary vehicles is not permitted.

     6.    327 IAC 7-6-8(2) states, in substance, that land application is prohibited when the moisture holding capacity of the soil is exceeded as a result of previous wastewater application or precipitation.

     7.    327 IAC 7-6-6 states, in substance, that wastewater shall not be applied by surface spreading closer than the minimum separation distance of six hundred feet from any dwelling.

     8.    327 IAC 7-6-4(2) states, in substance, that wastewater disposal property shall be posted with "No Trespassing" signs along access roads to the site.

     9.    327 IAC 7-6-4(3) states, in substance, that the usable portion of any land disposal site shall be that area indicated on the application and shall be clearly delineated at its boundaries by flags or other obvious boundary markers.

     On June 19, 1998, Respondent was found to be violating wastewater management permit conditions. Spot dumping on saturated soil was observed to be causing ponding on an unmarked site without "no trespassing" signs. Respondent said signs and flags were present. Land application occurred closer than six hundred (600) feet from a dwelling.

     IDEM had previously sent a March 25, 1998 Warning of Noncompliance letter to Respondent for failure to timely apply for wastewater management permit renewal before the March 1, 1998 deadline. Respondent did, shortly thereafter, submit the renewal application and Approval No. 818-01 was granted on April 14, 1998.

     Subsequent to the issuance of the Notice of Violation, the Respondent decided to cease the septic hauling business. Respondent indicated that Respondent would not re-apply for a Waste Management permit nor any Land Application permit. Respondent also sold the septic truck.

     In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

     In agreeing to the issuance of and entering into this Order, the Respondent neither admits nor denies liability with respect to the alleged violations.

II. ORDER

1.    This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

     The Respondent shall submit to IDEM for its approval a written Certification Statement within thirty (30) days of the Effective Date of this Agreed Order, which addresses the deficiencies and violations noted herein. In the statement, Respondent shall certify that Respondent intends to cease the septic hauling operation. Respondent shall also certify that if the septic hauling operation is again initiated at any time in the future, Respondent shall comply with all requirements of 327 IAC 7-6, and the associated wastewater management and vehicle permits.
    
3.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
                Section Chief, Water Enforcement
                Office of Enforcement
                Indiana Department of Environmental Management
                100 N. Senate Avenue
                P. O. Box 6015
                Indianapolis, IN 46206-6015

4.    Respondent is assessed a civil penalty of Five Hundred Dollars ($500). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

5.    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
         Paragraph 2.                    $500 per week Certification Statement is submitted late;
        
6.    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
                Indiana Department of Environmental Management
                100 N. Senate Avenue
                P. O. Box 7060
                Indianapolis, IN 46207-7060


7.    In the event that the civil penalty required by paragraph 4 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.

8.    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.

9.    In the event that any terms of the 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.

10.    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.

11.    This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order, specifically paragraphs 2 through 4.

TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management

By:     _________________________        By:     _________________________
    Mark Stanifer, Section Chief                Ronald and Angela Dunavan, Owners
    Office of Enforcement                Honey Dew Waste Removal

                            

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 ____________________, 1999.

                            FOR THE COMMISSIONER:

                            

                             Signed 5/7/99
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

Converted by Andrew Scriven