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

COMMISSIONER OF THE DEPARTMENT        )
OF ENVIRONMENTAL MANAGEMENT,        )
                                )
            Complainant,                )
                                )     CAUSE NO. H-13556
            v.                    )
                                )
CRAWFORD COUNTY BRIDGE NO. 122            )
                                )
            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. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violations contained herein.

    1.    Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management (hereinafter referred to as "IDEM"), a department of the State of Indiana created by IC 13-13-1-1.

    2.    Respondent is Crawford County, a county within the State of Indiana, who is the responsible party for Crawford County Bridge No. 122.

    3.    Respondent has not submitted a Notification of Regulated Waste Activity (EPA Form 8700-12).

    4.    IDEM has jurisdiction over the parties and subject matter of this action.

    5.    Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

        
        Mr. David Sillings, President    
        Crawford County Board of Commissioners
        Crawford County Courthouse
        South Court Street
        English, Indiana 47118

    6.    Crawford County Bridge No. 122 (a/k/a Whiskey Run Creek Bridge) is twenty (20) feet in width and extends forty (40) feet in length across Whiskey Run Creek on Main Street, Marengo, Crawford County, Indiana.

    7.    Based upon an investigation of Crawford County Bridge No. 122 on September 10, 1997, by the Office of Solid and Hazardous Waste ("OSHWM") of the IDEM, the IDEM contends that the following violations were in existence or observed at the time of the inspection:

              Pursuant to 329 IAC 3.1-1-10, 329 IAC 3.1-7-1, referencing 40 CFR 262.12(a), and 329 IAC 3.1-1-13, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility shall notify the commissioner of such activities on forms provided by the commissioner. Furthermore, the commissioner shall require every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility to utilize the identification numbers issued by the U.S. Environmental Protection Agency. Based upon information gathered by IDEM, Respondent failed to notify as a hazardous waste generator and obtain a U.S. Environmental Protection Agency hazardous waste identification number.

        b.    Pursuant to 40 CFR 262.11, a person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that waste is a hazardous waste. Based upon the information gathered by IDEM, Respondent failed to make a proper hazardous waste determination for the spent lead- contaminated (D008) sandblasting waste that was generated by the sandblasting of Crawford County Bridge No. 122.

        c.    Pursuant to 40 CFR 262.12(c), IC 13-30-2-1(12) , 329 IAC 3.1-7-3, and 329 IAC 3.1-7-4(c), no person may cause or allow the transportation of hazardous waste without a manifest whenever a manifest is required by law. Specifically, a generator who transports, or offers for transport, hazardous waste for off-site treatment, storage, disposal, or recovery must complete the Indiana hazardous waste manifest form adopted by the Solid Waste Management Board ("Board") on EPA Form 8700-22. Further, if the generator is located within Indiana and the hazardous waste is

consigned to a facility within Indiana, then the generator must use the manifest form adopted by the Board. Based upon the information gathered by the IDEM, Respondent allowed the transportation of spent lead-contaminated (D008) sandblasting waste without using the Indiana hazardous waste manifest form adopted by the Board.

    8.    Respondent relinquished fifteen (15) bags of lead-contaminated hazardous waste (D008), each weighing approximately fifty (50) pounds, to Gray's Disposal for transport to the Outerloop Landfill in Louisville, Kentucky on August 12, 1997.

    9.    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 his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the effective date.

    2.    Upon the effective date of the Order, Respondent shall comply with the requirements of IC 13-30-2-1 and 329 IAC 3.1 when engaging in the activity of sandblasting and painting its municipal bridges and, subsequently, generating solid, special, or hazardous waste(s) for transport and disposal.

    3.    Upon the effective date of the Order, Respondent, upon generating a solid waste as defined in 40 CFR 261.2, shall determine if that waste is a hazardous waste, pursuant to 40 CFR 262.11.

    4.    Respondent is assessed a Civil Penalty of $2,813. Within thirty (30) days of the effective date of the Agreed Order, Respondent shall pay a cash penalty of $880. The payment shall be submitted to the Environmental Management Special Fund as directed by Order No. 7. In lieu of payment of the remaining Civil Penalty, Respondent shall perform and complete the Supplemental Environmental Project ("SEP"), as described in Exhibit A. Exhibit A is hereby incorporated by reference and made a part of this Agreed Order. The total funds expended on the SEP shall be a minimum of $5,800. If the SEP is not completed in accordance with this agreement and within the specified time period, Respondent agrees to pay the remaining amount of the Civil Penalty, plus interest at the rate established by IC 24-4.6-1-101, to the Environmental Management Special Fund. Payment of the remaining Civil Penalty shall be submitted within fifteen (15) days from receipt of a notice to pay from IDEM. Interest on the remaining Civil Penalty shall be paid from the effective date of this Agreed Order.

    5.    The civil penalty is payable by check to the Environmental Management Special Fund. The check shall include the Cause Number and shall be mailed to:

        Cashier
        Indiana Department of Environmental Management
        100 North Senate Avenue
        P.O. Box 7060
        Indianapolis, Indiana 46206-7060

    6.    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 begin to accrue on the date the Respondent receive IDEM's demand.
    
    7.    The civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number and shall be mailed to:

        Cashier
        Indiana Department of Environmental Management
        100 North Senate Avenue
        P.O. Box 7060
        Indianapolis, Indiana 46206-7060

    8.    This Order shall apply to and be binding upon Respondent, its officers, directors, principals, employees, agents, successors, subsidiaries, and assigns. The signatories to this 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 Order.

    9.    The Respondent shall provide a copy of this Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall by contract require that all contractors, firms, and other persons acting for it comply with the terms of this 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.    This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to Respondent.

By:             By:
Nancy Johnston, Chief
Hazardous Waste Section
Office of Enforcement
Department of Environmental
Management

Date:             Date:

COUNSEL FOR COMPLAINANT            COUNSEL FOR RESPONDENT

By:             By:
Scott Storms
Office of Legal Counsel
Department of Environmental
Management

Date:             Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

THIS DAY OF , 19 ______.

                            [FOR THE COMMISSIONER]

                             [Adopted on May 18, 1998]
                            David J. Hensel, Director
                            Office of Enforcement