Link to original WordPerfect Document here


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

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
            Complainant,            )
                            )    CAUSE NO. SW-398
            v.                )
    )
SCOTT RECYCLING AND TRANSFER     )
STATION,    )
                            )
            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. Pursuant to IC 13-30-3-3, entry into the terms of the Agreed Order does not constitute an admission of any violation contained herein.

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 Scott Recycling Facility and Transfer Station, Facility Operating Permit No. 44-03, located at Co. Rd. 700N and St. Joe Street, Scott, La Grange County ("the Site"). National Serv-All, Inc. is the permittee for 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 to:

        Gregg C. Wolbridge,             C.T. Corporation,
         Area Vice President                Registered Agent
        National Serv-All                One North Capital Ave.
        6231 McBeth Road                Indianapolis, IN 46204
        Ft. Wayne, IN 46809    

5.    IDEM conducted inspections on June 1, 1998, July 6, 1998, October 21, 1998, December 21, 1998, and May 20, 1999.

6.     During the above noted inspections the following violations were observed:

        329 IAC 11-7-1, which states: "After the effective date of this article, no person may dispose, cause, or allow to be disposed, special waste, except a provided in this rule, 329 IAC 10-5, or 329 IAC 10-8.1." This violation is based on the fact that during these inspections, it was observed that the Respondent has improperly disposed of solid waste residue generated at the Site.

        329 IAC 11-13-4(c), which states: "The solid waste processing facility must be cleaned as necessary to prevent a nuisance or public health hazard." This violation is based on the fact that during these inspections, it was observed that the Respondent caused or allowed solid waste dirt and debris to accumulate under the compactor chute and rolloff box at the Site, clogging the drain located under the compactor.

        329 IAC 11-13-4(d), which states: "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 these inspections, it was observed that the Respondent had improperly disposed of solid waste residue generated at the Site.        

        329 IAC 11-21-8(1), which states: "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. Such management practices include, but are not limited to, the following:
            (1) All facility floors must be maintained so as to prevent standing water within the facility structure. All drainage and liquids originating from:

             (A) storage, handling, and processing municipal solid waste;
             (B) cleaning floors; or
             (C) wash-out water from a municipal waste vehicle;
             must be properly directed to a sanitary sewer, a holding tank constructed and operated in accordance with any applicable local approvals, or the equivalent of a sanitary sewer or holding tank."
        This violation is based on the fact that during these inspections, it was observed that the Respondent had improperly disposed of accumulated solid waste residue generated at the Site.

        329 IAC 11-13-4(f), which states: "At a minimum, all salvage materials must be stored in buildings or transportable containers while awaiting removal from the facility. No alternative methods of storing salvage materials may be used without obtaining prior approval from the commissioner. Approval may be granted at the request of the permittee, if the permittee can demonstrate that the alternative method will provide a comparable level of the environmental protection." This violation is based on the fact that during these inspections, it was observed that the Respondent caused or allowed the improper storage of salvage materials at the Site.

        329 IAC 13-4-3(e), which states: "Upon detection of a release of used oil to the environment not subject to the requirements of 40 CFR 280 Subpart F, which has occurred after the effective date of this rule, a generator must perform the following clean up steps:
            (1)Stop the release.
            (2)Contain the released used oil.
            (3)Clean up and manage properly the released used oil and other materials.
            (4)Communicate a spill report in accordance with 327 IAC 2-6.1.
            (5)If necessary to prevent future releases, repair or replace any leaking used oil storage containers or tanks prior to returning them to service."
        This violation is based on the fact that during the May 20, 1999 inspection, IDEM observed a hydraulic oil leak at the Site.

        IC 13-30-2-1(1), which states: "A person may not do any of the following:
            (1)Discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into:
            (A) the environment; or
            (B) any publicly owned treatment works;
            in any form that causes or would cause pollution that violates or would

violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws."
        This violation is based on the fact that during these inspections, it was observed that the Respondent had improperly disposed of solid waste residue generated at the Site.

        IC 13-30-2-1(3), which states: "A person may not do any of the following:
            (3)Deposit any contaminants upon the land in 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."
        This violation is based on the fact that during these inspections, it was observed that the Respondent had improperly disposed of solid waste residue generated at the Site.

7.    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 maintain compliance with all applicable laws and rules from the date of the issuance of this order.

     3.    Respondent shall, within 45 days of the Effective Date of the Order, submit to IDEM test results from the excavation of the septic system where solid waste residue and hydraulic oil had been deposited.

4.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

    Jennifer Fajt, Enforcement Case Manager
    Office of Enforcement
    Indiana Department of Environmental Management
    100 North Senate Avenue
    P.O. Box 6015
    Indianapolis, Indiana 46206-6015

5.    Respondent is assessed a civil penalty of $2,750.00. 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.

6.    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 # 3         $100 per day submittal is late

7.    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.

8.    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

9.    In the event that the civil penalty required by paragraph 5 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.

10.    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.

11.    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.

12.    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.

13.    This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order .


TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management

By:___________________________        By:____________________________
Paul Higginbotham, Chief
Solid 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
Department of Environmental Management

Date:__________________________        Date:___________________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS __________ DAY OF __________________, 1999.

                            For the Commissioner:

                            Signed on December 13, 1999
                            _________________________
                            Felicia Robinson George
                            Assistant Commissioner
                            Office of Enforcement

Converted by Andrew Scriven