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-281 & A-3275
v. )
)
ARNOLD & DOVIE HOUSE )
)
Respondents. )
The Complainant and the Respondents 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 this
Agreed Order does not constitute an admission of any violations contained herein.
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.
Respondents are Arnold & Dovie House (hereinafter referred to as "Respondents"), who
own the property located at 255 North Clark Road, Gary, Lake County, Indiana ("Site").
The Indiana Department of Environmental Management ("IDEM") has jurisdiction over
the parties and subject matter of this action.
Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Arnold and Dovie House
1364 Rutledge Street
Gary, Indiana 46404
On the January 10, June 14, 1991; June 6, June 8, November 3, 1995; and July 25, 1996;
inspections you were found in violation of 329 IAC 10-4-2 and -3 (329 IAC 2-4-2 and -3
prior to April 13, 1996) which prohibit, any person from causing or allowing the storage,
containment, processing, or disposal of solid waste in a manner which creates a threat to
human health or the environment, and open dumping and open dumps, as defined in IC
13-11-2-146 and -147 ( IC 13-7-1-16 prior to July 1, 1996). This violation is based on
the fact that during these inspections it was observed that solid waste materials (waste
tires and solid waste debris) had been dumped at the Site.
On the inspections noted above, you were found in violation of IC 13-30-2-1(3), (4) and
(5) (IC 13-7-4-1(3) and (4) prior to July 1, 1996) which provide, respectively, that no
person shall deposit any contaminants upon the land in such place and manner which
creates, or which would create, a pollution hazard, or deposit or cause or allow the
deposit of any contaminants or solid waste upon the land except through the use of
sanitary landfills or another method acceptable to the solid waste management board, and
that no person shall dump, cause or allow the open dumping of garbage or any other solid
waste in violation of rules adopted by the solid waste management board. This violation
is based on the fact that during these inspections it was observed that solid waste
materials (waste tires and solid waste debris) had been dumped at the Site.
On the September 6, 1996, inspection, IDEM area representative observed the open
burning of an automobile at the Site, in violation of 326 IAC 4-1 which prohibits open
burning unless exempted by rule or variance.
On the September 11, 1996, inspection, IDEM area representatives observed the open
burning of solid waste including approximately thirty (30) automobiles, a bus, and tires at
the Site, in violation of 326 IAC 4-1 which prohibits open burning unless exempted by
rule or variance.
In recognition of the settlement reached, Respondents waive any right to administrative
and judicial review of this Agreed Order.
This Agreed Order shall be effective ("Effective Date") when it is approved by the
Complainant or his delegate, and has been received by the Respondents. This Agreed
Order shall have no force or effect until the Effective Date.
Respondents shall immediately cease and desist from causing or allowing the storage or
disposal of regulated solid waste at the Site.
Respondents shall immediately cease and desist from causing or allowing open burning at
the Site.
Respondents shall, before December 31, 2000, properly remove and dispose all tires from
the Site. Said tires must be taken to and disposed at a state approved solid waste
management facility.
Respondents shall submit progress reports every six (6) months after the Effective Date
of this Order, until all waste tires from the Site have been properly removed and disposed.
The removal and disposal of tires shall be done in compliance with 329 IAC 12.
Respondents shall submit copies of all solid waste disposal receipts and waste tire
manifests to IDEM within ten (10) days after each load of solid waste, including tires, is
removed form the Site and properly disposed.
All submittals required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
Brett E. DeBusk
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
In the event the following terms and conditions are violated, the Complainant may assess
and the Respondents shall pay a stipulated penalty in the following amounts:
Violation Penalty
Order Condition #2 $100 per day of additional open dumping
Order Condition #3 $1,000 per violation of open burning
Order Condition #4 $100 per day violation continues
Order Condition #5 $100 per violation
Order Condition #6 $100 per violation
Stipulated penalties shall be due and payable within thirty (30) days after Respondents
receive 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 Respondents 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 Respondents' violation of this
Agreed Order, or Indiana Law, including but not limited to civil penalties pursuant to IC
13-30-4.
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
This Agreed Order shall apply to and be binding upon the Respondents, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The Respondents'
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 Respondents shall in any way alter its status or responsibilities
under this Agreed Order.
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.
The Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. Respondents shall ensure
that all contractors, firms and other persons performing work under this Agreed Order
comply with the terms of this Agreed Order.
This Agreed Order shall remain in effect until Respondents have complied with all terms
and conditions of this Agreed Order.
By:___________________________ By:____________________________
Paul Higginbotham, Chief
Solid Waste Section Printed:________________________
Office of Enforcement
Title:__________________________
Date:_________________________ Date:__________________________
By:__________________________
Printed:________________________
Title:__________________________
Date:__________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENTS:
Department of Environmental Management
By:___________________________ By:____________________________
Deborah Rush, Attorney
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 March 4, 1999
Felicia Robinson George
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven