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STATE
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. DONNA LANDERS Respondent. |
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NOTICE AND ORDER OF THE
COMMISSIONER
OF THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT
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Via
Certified Mail #: |
Via
Certified Mail #: |
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To: William Landers |
Donna
Landers |
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This
Notice and Order of the Commissioner of the Indiana Department of Environmental
Management (“Order”) is issued against Donna Landers and William Landers
(“Respondents”) pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC 13-30-3-11, and
is based on violations of environmental statutes and rules found during an
investigation conducted by the Indiana Department of Environmental Management
(“IDEM”). Specifically, the
investigation, which included inspections conducted on January 13, 2004 and
June 21, 2004, revealed that the Respondents violated IC 13-30-2-1(3), IC
13-30-2-1(4), IC 13-30-2-1(5), 329 IAC 10-4-2, and 329 IAC 10-4-3, as specified
below:
FINDINGS
OF VIOLATION
1.
Complainant is the Commissioner (“Complainant”) of IDEM, a
department of the State of
2.
Respondents own and operate the open dump site located at
3.
IDEM has jurisdiction over the parties and the subject
matter of this action.
4.
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.
5.
The Respondents caused and/or allowed mobile home demolition
debris, a contaminant, to be deposited at the Site in violation of 329 IAC
10-4-2 and 329 IAC 10-4-3, thus violating IC 13-30-2-1(3).
6.
Pursuant to IC 13-30-2-1(4), a person may not deposit or
cause or allow the deposit of any contaminants or solid waste upon the land,
except through the use of sanitary landfills, incineration, composting, garbage
grinding, or another method acceptable to the solid waste management board.
7.
The Respondents caused and/or allowed mobile home demolition
debris, a contaminant or solid waste, to be deposited at the Site in violation
of 329 IAC 10-4-2 and 329 IAC 10-4-3, thus violating IC 13-30-2-1(4).
8.
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.
9.
The Respondents caused and/or allowed mobile home demolition
debris, a contaminant, to be open dumped at the Site in violation of 329 IAC
10-4-2 and 329 IAC 10-4-3, thus violating IC 13-30-2-1(5).
10.
Pursuant to 329 IAC 10-4-2, no person shall cause or allow
the storage, containment, processing, or disposal of solid waste in a manner
which creates a threat to human health or the environment, including the
creating of a fire hazard, vector attraction, air or water pollution, or other
contamination.
11.
The Respondents caused and/or allowed mobile home demolition
debris, a solid waste, to be stored, contained, processed or disposed at the
Site in a manner which creates a threat to human health or the environment.
12.
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.
13.
The Respondents caused and/or allowed mobile home demolition
debris, a solid waste, to be open dumped at the Site.
14.
On November 1, 2004, a Notice of Violation was issued,
pursuant to IC 13-30-3-3, to the Respondents for the violations cited
above. The Respondents received this
Notice of Violation on November 4, 2004.
15.
The Notice of Violation contained an offer to enter into an Agreed
Order in accordance with IC 13-30-3-3.
IDEM subsequently provided a proposed Agreed Order to the Respondents.
16.
More than sixty (60) days have elapsed since Respondents
were offered the opportunity to enter into an Agreed Order.
17.
The Respondents have not entered into an Agreed Order
resolving violations cited above.
II. ORDER
1.
The Respondents shall immediately cease and desist violation
of IC 13-30-2-1(3), IC 13-30-2-1(4), IC 13-30-2-1(5), 329 IAC 10-4-2, and 329
IAC 10-4-3.
2.
Respondents shall:
A.
within ninety (90) days of the Effective Date of this Order,
remove a minimum of 120 cubic yards of solid waste from the Site and dispose of
it at a permitted solid waste management facility;
B.
within one hundred eighty (180) days of the Effective Date
of this Order, remove a minimum of 120 cubic yards of any remaining solid waste
from the Site and dispose of it at a permitted solid waste management facility;
C.
within two hundred seventy (270) days of the Effective Date
of this Order, remove a minimum of 120 cubic yards of any remaining solid waste
from the Site and dispose of it at a permitted solid waste management facility;
D.
within three hundred sixty five (365) days of the Effective
Date of this Order, remove any remaining solid waste, excluding mobile homes,
from the Site and dispose of it at a permitted solid waste management facility.
3.
Respondents shall, within twenty four (24) months of the
Effective Date of this Order, remove the undemolished mobile homes identified by
IDEM as solid waste and dispose of them at a landfill, recycling site, or a
place permitted for disposal.
4.
Respondents shall, within one hundred twenty (120), two
hundred ten (210), three hundred (300), and three hundred ninety five (395)
days of the Effective Date of this Order, submit written documentation to IDEM
that the solid waste removed from the Site, as described in Order Paragraph No.
2, has been taken to a permitted solid waste management facility.
5.
Respondents shall, according to the following schedule,
submit manifests, disposal receipts, and/or recycling facility receipts to IDEM
that show the undemolished mobile homes identified by IDEM as solid waste, as
described in Order Paragraph No. 4, have been taken to a landfill, recycling
site, or a place permitted for disposal:
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For material removed
within: |
Documentation shall be
submitted within: |
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Ninety (90) days of the Effective Date |
One hundred twenty (120) days of the Effective Date |
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Ninety-one (91) and one hundred eighty (180) days
of the Effective Date |
Two hundred ten (210) days of the Effective Date |
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One hundred eighty one (181) and two hundred
seventy (270) days of the Effective Date |
Three hundred (300) days of the Effective Date |
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Two hundred seventy one (271) and three hundred
sixty five (365) days of the Effective Date |
Three hundred ninety five (395) days of the
Effective Date |
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Three hundred sixty six (366) and four hundred
fifty five (455) days of the Effective Date |
Four hundred eighty five (485) days of the
Effective Date |
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Four hundred fifty six (456) and five hundred forty
five (545) days of the Effective Date |
Five hundred seventy five (575) days of the
Effective Date |
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Five hundred forty six (546) and six hundred thirty
five (635) days of the Effective Date |
Six hundred sixty five (665) days of the Effective
Date |
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Six hundred thirty six (636) and seven hundred
thirty (730) days of the Effective Date |
Seven hundred sixty (760) days of the Effective
Date |
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6.
Respondents shall ensure that all work conducted to satisfy Order
Paragraph Nos. 2 and 3 above is done in compliance with all applicable federal,
state, and local laws and regulations, including 329 IAC 11.
7.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
Barbara Goldblatt, Case
Manager
Office of Enforcement
Indiana Department of
Environmental Management
MC 60-02 IGCN 1315
8.
Respondents are jointly and severally assessed a civil
penalty of Eight Thousand Seven Hundred Fifty Dollars ($8,750) for the
violations cited above. This penalty
shall be remitted to IDEM within thirty (30) days of the Effective Date of this
Order. The check shall be made payable
to the Environmental Management Special Fund with Case Number 2004 – 14134 – S
indicated on the check and mailed to:
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Indiana
Department of Environmental Management |
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Cashier’s
Office – Mail Code 50-10C |
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9.
This Order shall apply to and be binding upon the
Respondents, their successors and assigns. No change in ownership, corporate,
or partnership status of the Respondents shall in any way alter its status or
responsibilities under this Order.
EFFECTIVE DATE OF ORDER
Pursuant
to IC 13-30-3-5, this Order takes effect twenty (20) days following receipt
unless you request review of this Order, before the twentieth day after
receipt, by filing a written request for review with the Office of Environmental
Adjudication, and serving a copy of the request for review upon the
Commissioner of the Indiana Department of Environmental Management. You may request that the Office of
Environmental Adjudication conduct a hearing to review this Order, under IC
4-21.5, in its entirety, or you may limit your request for review to specific
findings and/or orders contained in this Order.
Requests for review must be submitted to the Office of Environmental
Adjudication and the Commissioner of the Indiana Department of Environmental
Management at the following addresses:
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Director |
Commissioner |
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Office
of Environmental Adjudication |
IDEM Mail Code 50-10 |
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Failure
to properly submit a request for review, before the twentieth day following receipt
of this Order of the Commissioner, waives your right to administrative review
of this Order and your right to judicial review of the Order. The petition for administrative review must
contain the following information:
1.
Name, address, and telephone number of each person filing
the petition.
2.
Identification of the interest of each petitioner in the
subject of the petition.
3.
Statement of facts demonstrating that the petitioner is:
(A)
a person to whom the order is directed;
(B)
aggrieved or adversely affected by the order; or
(C)
entitled to review under any law.
4.
Statement with particularity the legal issues proposed for
consideration in the proceedings.
The
petition for administrative review should also contain the following
information:
1.
Identification of any persons represented by the person
making the request.
2.
Statement identifying the person against whom administrative
review is sought.
3.
A copy of the notice of the commissioner’s action issued by the
department of environmental management which is the basis of the petition for
administrative review.
4.
Statement indicating the identification of petitioner’s
attorney or other representative.
If
you have procedural or scheduling questions regarding your request for review
you may contact the Office of Environmental Adjudication at (317) 232-8591.
Dated
at
Thomas W. Easterly
Commissioner
Signed on November 30, 2006
cc:
Jay County Health Department
Mark E. Shere, Attorney
Lori Kyle Endris, Acting Assistant Commissioner
Randy Jones, Office of Land Quality
Barbara Goldblatt, Office of Enforcement
Media Copy
http://www.in.gov/idem/