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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. ROMAN MARBLENE COMPANY, INC., Respondent. |
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NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
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Via Certified Mail #: |
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To: |
Mr. Frank T. Triantos President and Registered Agent Roman Marblene Company, Inc. |
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This Notice and Order of the
Commissioner of the Indiana Department of Environmental Management (“Order”) is
issued against Roman Marblene Company, Inc. (“Respondent”) pursuant to IC
13-30-3-4, IC 13-30-3-10, and IC 13-30-3-11, and is based on violations found
during an investigation conducted by the Indiana Department of Environmental
Management (“IDEM”). The investigation
revealed that the Respondent violated 329
FINDINGS
1. Complainant
is the Commissioner (“Complainant”) of IDEM, a department of the State of
2. Respondent
owns and operates the company with U.S. EPA ID No. INR 000 018 796, located at
3. Respondent
notified the U.S. EPA of Large Quantity Generator (LQG) activities in April of
2006. Respondent manufactures cultured
marble products for the residential and commercial construction
industries. Respondent purchased the
business at this facility in February of 2005 and began operations at that
time.
4. IDEM
has jurisdiction over the parties and the subject matter of this action.
5. Pursuant
to IC 13-22-4-3.1(c), an LQG, i.e., a person that generates, in any one or more
calendar months of a calendar year:
a) more than one thousand (1,000)
kilograms of hazardous waste;
b) at least one (1) kilogram of acute
hazardous waste; or
c) at
least one hundred (100) kilograms of material from the cleanup spillage of
acute hazardous waste; or
accumulates at least six thousand (6,000) kilograms of hazardous waste or at
least one (1) kilogram of acute hazardous waste shall, before March 1 of each
year, submit to the department either the biennial report required by the U.S.
EPA concerning the person’s waste activities during the previous calendar year,
or an annual report that summarizes the person’s hazardous waste shipments
during the previous calendar year. LQGs
are required to submit the Hazardous Waste Biennial Report required by the U.S.
EPA by March 1 of each even numbered year and the IDEM annual manifest report
by March 1 of each odd numbered year. As
of October 4, 2006, Respondent had not submitted to IDEM the 2005 biennial report. On November 16, 2006, Respondent submitted to
IDEM the 2005 biennial report.
6. Pursuant
to IC 13-22-12 and 329 IAC 3.1-1-14.1, large quantity generators of hazardous
waste must pay an annual operation fee of $1,565.00 to IDEM, not more than
thirty (30) days after the date the fee is assessed or on the date the
installment is due. As of October 4,
2006, Respondent had not paid to IDEM its large quantity generator fee. On November 16, 2006, Respondent paid its
large quantity generator annual operation fee.
7. Pursuant
to IC 13-22-12-8 and 329 IAC 3.1-14.1(f), if the remittance of a large quantity
generator fee is made more than sixty (60) days after the date the annual
operation fee is assessed by IDEM, a delinquency charge shall be assessed equal
to ten percent (10%) of the annual operation charge. As of October 4, 2006, Respondent had not paid
to IDEM its delinquency charge, which was assessed on August 24, 2006. On November 16, 2006, Respondent paid its
delinquency charge.
8. On
October 5, 2006, a Notice of Violation and proposed Agreed Order was issued,
pursuant to IC 13-30, for the violations cited above.
9. The
Notice of Violation contained an offer to enter into an Agreed Order in
accordance with IC 13-30-3-3.
10. On
November 1, 2006, Respondent sent IDEM a letter delegating signatory authority
to James Triantos, Secretary/Treasurer of Roman Marblene Company, Inc.
11. On
November 2, 2006, Respondent called IDEM to discuss the violations contained in
the Notice of Violation.
12. On
December 19, 2006, a Notice of Final Settlement Offer was sent to Respondent. Respondent
received the Notice of Final Settlement Offer on December 28, 2006.
13. More
than sixty (60) days have elapsed since Respondent was offered the opportunity
to enter into an Agreed Order.
14. Respondent has not entered into an Agreed Order resolving the
violations cited above.
ORDER
1. Respondent
shall pay a civil penalty of Two Thousand Seven Hundred Fifty Dollars
($2,750). This penalty shall be remitted
to the Department of Environmental Management within thirty (30) days of the
Effective Date of this Order. Checks
shall be made payable to the Environmental Management Special Fund, with the
Case Number 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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2. This
Order shall apply to and be binding upon Respondent, its successors and
assigns. No change in ownership,
corporate, or partnership status of Respondent shall in any way alter its
status or responsibilities under this Agreed 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 of fact 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 (20th)
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:
a. Identification of any person represented
by the person making the request.
b. Statement identifying the person
against whom administrative review sought.
c. 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.
d. Statement
indicating the identification of petitioner’s attorney or other representative.
The
petition for administrative review should also contain the following
information:
a. Identification of any persons
represented by the person making the request.
b. Statement identifying the person
against whom administrative review is sought.
c. 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.
d. 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 (217) 232-8591.
Dated
at
Signed February 28, 2007
Thomas
W. Easterly
Commissioner
cc: Harrison County Health Department
Lori
Kyle Endris, Branch Chief
Nancy
Johnston, Office of Enforcement
Jenny
Ranck Dooley, Office of Land Quality
OLQ
1B2 File