COMMISSIONER OF THE DEPARTMENT )
STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT OF
) SS: ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. B-1862
)
)
COUNTRY AUTO PARTS, )
BRADLEY TRIMBLE )
)
Respondent. )
The Complainant and the Respondent(s) 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.
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the
Indiana Department of Environmental Management ("IDEM"), a department of the
State of Indiana created by IC 13-7-2-11.
2. Respondent is Bradley Trimble, who owns Country Auto Parts, located in
Spencer, Indiana.
3. The IDEM has jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-7-11-2(b)
(currently IC 13-30-3-3)
, on July 8, 1996, IDEM
issued a Notice of Violation via Certified Mail to:
Bradley Trimble, Owner
Country Auto Parts
RR 3 Box 531
Spencer, IN 47460
a. are not prohibited from regulation under a NPDES general permit rule
under 327 IAC 15-2-6;
b. meet the NPDES general permit rule applicability requirements under 327
IAC 15-2-3; and
c. have a new or existing point source discharge composed entirely of storm
water associated with industrial activity, except for categories in effect on
February 12, 1992, of facilities that have storm water effluent guidelines for
at least one of their subcategories.
6. 327 IAC 15-6-4 (2) defines "storm water discharge associated with industrial
activity" as the discharge from any conveyance which is used for collecting and
conveying storm water and which is directly related to manufacturing, processing,
or raw materials storage areas at an industrial plant. 327 IAC 15-6-4 (2)(F)
includes facilities involved in the recycling of materials, including metal scrap
yards, battery reclaimers, salvage yards, and automobile junk yards, including but
not limited to those classified as SIC codes:
(i) 5015 (motor vehicle parts, used); and
(ii) 5093 (scrap and waste materials).
7. 327 IAC 15-6-6 establishes that "All information required under 327 IAC 15-3
and section 5 of this rule shall be submitted to the commissioner in accordance
with 327 IAC 15-3-3, except , for persons that operate under 327 IAC 15-5 and
that are affected by this rule, the NOI letter shall be submitted one hundred eighty
(180) days before completion of construction."
8. On June 1, 1995, IDEM inspected the area of the site and noted that the auto parts
facility should be operating under a general stormwater permit, as required by 327
IAC 15-6. Some erosion of soil sediments was observed to have reached
adjoining property. At a subsequent site visit on April 24, 1996, straw bales were
found to be installed along the east perimeter in an attempt to prevent sediment
from escaping site. These bales were in need of maintenance and replacement at
one or two points where sediment had recently escaped to neighbor's property.
There were no waters of the state on the east perimeter, however, and sediment
had only reached a distance of about fifty feet beyond the perimeter.
Tires had been stacked across a natural drainage ditch leading from the south edge
of the auto junkyard, also in an effort to prevent sediment from escaping to an
intermittent-stream ditch leading through a wooded area of several acres. No
serious damage was seen in the area, however there was a sandy soil sediment in
the ditch channel. No auto parts or fluid residue was noted except one tire laying
outside the property line and a light sheen on a puddle of water inside the property
line.
In a follow-up phone call, IDEM suggested to the owner's representative that the
straw bales be replaced and maintained where deteriorated on the east property
line and tires be better maintained on the south property line. IDNR was also
contacted for suggestions on sediment control for the facility.
9. Based on information described in a June 8, 1995 IDEM letter sent to Respondent,
Respondent violated the requirements of 327 IAC 15-6 by failing to apply for a
general stormwater permit and was asked for a Notice of Intent (NOI) letter.
Respondent's facility description fits that of the category of industries involved in
recycling of materials, including metal scrap yards, salvage yards, and automobile
junkyards. The deadline for submitting an application was December 29, 1992,
and was so noted in the letter. A subsequent telephone conversation with IDEM
confirmed the need for submission of an NOI.
10. Respondent failed to submit the initial information by December 29, 1992, as
required and further failed to submit the information as subsequently requested
within thirty (30) days of receiving the June 8, 1995 IDEM letter described above.
Respondent is therefore in violation of 327 IAC 15-6.
11. Respondent did immediately call Complainant upon receiving the Notice of
Violation and promise full cooperation toward resolving the problem, however
noting it is a small recycling business with little available financial capital.
Respondent requested assistance in determining the best method to comply.
Respondent also requested a telephone conference call in lieu of a settlement
conference to negotiate the civil penalty. IDEM agreed that a telephone
conference was acceptable as soon as some progress was achieved by Respondent
toward resolving the problems. IDEM immediately requested and was granted
limited technical assistance for Respondent from IDNR and provided a list of Best
Management Practices on September 25, 1996.
12. Further discussions in October and November, 1996 led to the realization that soil
samples would be necessary to determine whether further remediation measures
are needed at the site. Also, Respondent will need to hire a professional engineer
or other appropriately trained engineer for certification of Respondent's storm
water pollution prevention plan. These discovered needs were made known to
Respondent in a November 22, 1996 letter from IDEM.
13. IDEM inspected the site again on April 9, 1997, following renewed complaints
from the neighbor and no progress reported by Respondent. Sediment erosion to
the neighbor's property was found to have increased, and the perimeter straw bales
were again in need of replacement. Discussions with Respondent's representatives
indicated no progress had yet occurred.
14. 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. Within thirty (30) days of the Effective Date of this Agreed Order, the Respondent
shall submit a complete Notice of Intent (NOI) letter, as required by 327 IAC 15-
6.
3. Within thirty (30) days of the Effective Date of this Agreed Order, the Respondent
shall also submit a plan to conduct appropriate and representative soil sampling
and analysis of the site for Total Petroleum Hydrocarbons (TPH), as an indicator
of the extent and location of any potentially contaminated groundwater.
4. Upon submission of the NOI letter, Respondent shall begin developing and
implementing a pollution prevention plan.
5. Within sixty (60) days of submission of the NOI, the Respondent shall submit an
acceptable stormwater pollution prevention plan, as required by 327 IAC 15-6-7.
Such plan shall include time tables for compliance with the terms of the plan. The
plan shall be incorporated into and made an enforceable part of this Agreed Order.
6. Within sixty (60) days of soil sampling, analyses results shall be submitted to
IDEM, including a copy of the chain of custody record. If sample analyses
indicate TPH concentration of greater than one hundred (100) grams per kilogram,
then Respondent shall submit a signed statement to be included with the analyses
results to certify that Respondent will take appropriate steps to remediate any and
all environmental damages at the site.
7. If site remediation is found to be necessary, Respondent shall submit a plan
of action, including a schedule of milestone dates, within ninety (90) days of
submitting soil sample analyses results and certification statement required by
Paragraph six (6) above.
8. The stormwater pollution prevention plan, as required by 327 IAC 15-6, shall be
completely implemented within sixty (60) days after submission of the NOI.
10. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
David Knox, Case Manager
Water Enforcement Section
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
11. 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.
12. 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
Paragraphs 2, 3 $500 per week either the NOI or
soil analyses is late being submitted;
Paragraph 4 $500 per week the pollution
prevention plan is late being
submitted or milestones contained
therein are late in being
implemented;
Paragraph 5 $500 per week the complete
implementation of the milestone
dates contained in the plan are late
being implemented.
Paragraphs 6, 9 $500 per week sample analyses
and/or signed statement not
submitted, and/or remediation not
completed, if necessary.
13. 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 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 13-7-13.
14. Civil and stipulated penalties are payable by check to the Environmental
Management Special Fund. Checks shall include the Cause Number (B-1862) of
this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46206-7060.
15. In the event that the civil penalty required by paragraph 11 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.
16. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The 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.
17. 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.
18. 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 by contract require that all contractors, firms, and other persons
acting for it comply with the terms of this Agreed Order.
19. This Agreed Order shall remain in effect until Respondent has complied with all
terms and conditions of this Agreed Order.
By: _________________________ By: _________________________
Mark W. Stanifer, Chief Bradley Trimble, owner
Water Enforcement Section Country Auto Parts
Office of Enforcement
Department of Environmental
Management
Date: Date: _______________________
COUNSEL FOR COMPLAINANT COUNSEL FOR RESPONDENT
By: By: _________________________
Office of Legal Counsel
Department of Environmental Printed:
Management
Date: Date: _______________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS ______________ DAY OF ___________________, 1997.
For the Commissioner:
Signed on 6/30/97
Patrick Carroll
Director
Office of Enforcement
Converted by Andrew Scriven