STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT )
)
Complainant, )
)
)
DORSEY PAVING, INC. AND )
DORSEY PAVING SOLID FILL SITE, INC. )
)
Respondents. )
NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
VIA CERTIFIED MAIL No. __________________
TO:Donald Dorsey, President
Dorsey Paving, Inc.
5140 Shelbyville Road
Indianapolis, Indiana 46227
Donald Dorsey, Registered Agent
Dorsey Paving, Inc.
5140 Shelbyville Road
Indianapolis, Indiana 46227
Donald Dorsey, President
Dorsey Paving Solid Fill Site, Inc.
5140 Shelbyville Road
Indianapolis, Indiana 46227
Rosemary Dorsey, Registered Agent
Dorsey Paving Solid Fill Site, Inc.
5140 Shelbyville Road
Indianapolis, Indiana 46227
This Notice and Order of the Commissioner of the Department of Environmental Management ("Order") is issued against the Respondents for violation of the Indiana Environmental Act. This Order is issued 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 Office of Land Quality. During that investigation it was determined that the Respondents were in violation of IC 13 and 329 IAC 10, as specified below:
FINDING OF VIOLATION
1.Respondents are Dorsey Paving, Inc. and Dorsey Paving Solid Fill Site, Inc. ("Respondents") who own and operate the Construction Demolition Landfill, Solid Waste Facility Permit FP #49-9, located at 2105 South Harding Street, Indianapolis, Marion County, Indiana ("Site").
2.Pursuant to IC 13-30-2-1(7) a person may not: AConstruct, install, operate, conduct, or modify, without prior approval of the department, any equipment or facility of any type that may: (A) cause or contribute to pollution; or (B) be designed to prevent pollution. However, the commissioner or the appropriate board may approve experimental uses of any equipment, facility, or pollution control device that is considered necessary for the further development of the state of the art of pollution control.@ This violation is based on the fact that the Site has been filled above and beyond the permitted solid waste boundaries.
3.Pursuant to 329 IAC 10-13-6(d), ATo request a change in the facility plans or operation, the permittee must request that the commissioner modify the permit before any permitted changes are made in the approved plans. The application must provide the rationale for such modification to the commissioner for review. If the commissioner determines that the requested modification is consistent with the standards established in this article, the commissioner shall grant the modification. Only the conditions subject to modifications are reopened. The commissioner shall give notice to the permittee of the determination on the modification in accordance with IC 13-7-10-5 and IC 4-21.5-3-7 .@ (IC 13-7-10-5 has been recodified at IC 13-15-7). This violation is based on the fact that the Site has been filled above and beyond the permitted solid waste boundaries without first obtaining a permit modification from IDEM.
4.Pursuant to 329 IAC 10-13-4(c), AThe permittee shall construct and operate a solid waste land disposal facility in accordance with the permit. The owner, operator, and permittee are equally responsible for complying with the conditions of the permit, the regulations, and the statutes.@ This violation is based on the fact that Site has been filled above and beyond the permitted solid waste boundaries.
5.Pursuant to 329 IAC 10-35-2(b), ABefore beginning operation, owners or operators of construction/demolition sites shall be required to complete the following: (3) Establish permanent, on-site benchmark or benchmarks with vertical, mean sea level elevation, and horizontal control so that no portion of the proposed fill area is further than one thousand (1,000) feet from a benchmark. However, distances greater than the specified one thousand (1,000) feet may be allowed where necessary to avoid the placement of benchmarks on filled areas.@ This violation is based on the fact that a permanent benchmark was not established for the Site.
6.Pursuant to Condition F3 of the ARenewal of Solid Waste Facility Permit and Approval of Closure/Post-Closure Plans FP #49-9,@ dated September 18, 1995, AIf facility operations or site design are significantly changed to affect the financial responsibility amount, then the Permittee shall amend the closure/post-closure cost estimates to reflect these changes. The closure/post-closure plans revisions shall be submitted to OSHWM along with proposed landfill modifications within sixty (60) days of the effective date of this permit renewal.@ This violation is based on the fact that the revised closure/post-closure plan has not been submitted pursuant to the permit.
7.On March 31, 1998, and February 21, 1999, a Notice of Violation was issued, pursuant to IC 13-30-3-3, to the Respondents for violation of IC 13 and 329 IAC 10. Respondents received these Notices of Violation on April 6, 1998, and June 4, 1999.
8.The Notices of Violation contained offers to enter into an Agreed Order containing actions required to correct the violations.
9.More than sixty (60) days have elapsed since Respondents were offered the opportunity to enter into an Agreed Order.
10.The Respondents have not entered into an Agreed Order resolving these violations.
ORDER
1.The Respondents shall immediately cease and desist depositing additional regulated solid waste in the overfilled areas of the landfill.
2.The Respondents shall, within ninety (90) days of the Effective Date of this Order, bring the site into compliance with the approved final grading plan on sheet 2 of 6 of the application plans submitted to IDEM on January 15, 1986.
3.The Respondents shall excavate and dispose of all overfilled waste at a state approved solid waste management facility.
4.The Respondents shall, within one hundred (100) days of the Effective Date of the Order, submit documentation of proper disposal of all solid waste.
5.All submittals required by this Commissioner's Order, unless notified otherwise in writing, shall be sent to:
Lori A. Colpaert, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
6.The Respondents shall pay a civil penalty of Three Thousand Eight Hundred and Twenty Five Dollars ($3,825) for violations of IC 13 and 329 IAC 10. 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 Cause Number indicated on the checks and mailed to:
Cashier
IDEM
100 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060.
7.This Order shall apply to and be binding upon the Respondents, its 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 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:
DirectorCommissioner
Office of Environmental AdjudicationIDEM
ISTA BuildingIndiana Government Center North
150 W. Market Street, Suite 618100 N. Senate
Indianapolis, Indiana 46204P.O. Box 6015
Indianapolis, Indiana 46206-6015
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:
a.Name, address, and telephone number of each person filing the petition.
b.Identification of the interest of each petitioner in the subject of the petition.
c.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.
d.Statement with particularity the legal issues proposed for consideration in the proceedings.
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 (317) 232-8591.
Dated at Indianapolis, Indiana, this _____________ day of __________________, 2000.
Signed 11/6/00
___________________________
Lori F. Kaplan
Commissioner