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-314
v. )
)
WASTE MANAGEMENT OF INDIANA, L.L.C. )
)
Respondent. )
The Complainant and the Respondent 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(c), entry into the terms of this Agreed
Order does not constitute an admission of any violation contained herein.
Now, therefore, upon consent of the parties hereto, and solely for the purposes of
settlement of this cause, the following Findings are made:
1. 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.
2. Respondent is Waste Management of Indiana, L.L.C. (hereinafter referred to as
"Respondent"), who owns and operates the Twin Bridges RDF (Danville Landfill) located
1/4 mile NW of the intersection of CR 150 E and CR 75 S, located in Hendricks County,
Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over
the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Waste Management of Indiana, L.L.C. CT Corp, Resident Agent
d/b/a Twin Bridges RDF (Danville Landfill) One North Capitol Avenue
1209 Orange Street Indianapolis, Indiana 46204
Wilmington, Delaware 19801
Waste Management of Indiana, L.L.C.
d/b/a Twin Bridges RDF (Danville Landfill)
P.O. Box 17
123 Twin Bridges Road
Danville, Indiana 46122
5.
Based on information gathered by IDEM during
investigations of disposal records for
special waste certification #40542
, IDEM contends that the Respondent was found to
have violated the following:
a.
329 IAC 10-8-1, which requires that “no person may process, dispose, cause, or
allow to be processed or disposed, special waste except as provided in this rule,
329 IAC 10-5, 329 IAC 10-7, and 329 IAC 10-9.” This alleged violation is based
on the fact that during these investigations it was revealed that uncertified special
wastes were allegedly accepted under special waste ceritfication #40542, presented
to the Respondent.
b. 329 IAC 10-20-29(a), which requires that “the owner, operator, or permittee of a
municipal solid waste landfill shall check each load of special waste with: (1) the
disposal notification; (2) the special waste certification; and (3) where applicable,
the site specific approvals.” This alleged violation is based on the fact that during
these investigations it was revealed that uncertified special wastes were allegedly
accepted under special waste ceritfication #40542, presented to the Respondent.
c. 329 IAC 10-20-29(b), which requires that the “owner, operator, or permittee of a
municipal solid waste landfill shall: (1) accept special waste only in accordance
with 329 IAC 10-8; and (2) shall follow all conditions set forth in the special waste
certifications.” This alleged violation is based on the fact that during these
investigations it was revealed that uncertified special wastes were allegedly
accepted under special waste ceritfication #40542, presented to the Respondent.
6. 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. The Respondent shall, beginning on the Effective Date of this Agreed Order, operate in
accordance with Exhibit A, “Landfill Waste Screenings and Special Handling Procedures.”
3. The Respondent shall, within thirty (30) days of the Effective Date of this Agreed Order,
modify the Site's operational plan to incorporate Exhibit A.
4. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be
sent to:
Lori Colpaert, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
5. Respondent is assessed a civil penalty of $7,875. 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.
6. IDEM agrees that this Agreed Order is not a matter that is required to be disclosed under
IC 13-19-4-3(a)(3)(A).
7. 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
Paragraph #2 of this Agreed Order $500.00 per day
Paragraph #3 of this Agreed Order $500.00 per day
8. 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 any of the stipulated penalties 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
13-30-4.
9. 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 46206-7060
10. In the event that the civil penalty required by paragraph 5 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.
11. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's
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.
12. 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.
13. 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 ensure
that all contractors, firms and other persons performing work under this Agreed Order
comply with the terms of this Agreed Order.
14. This Agreed Order shall remain in effect until Respondent has complied with all terms and
conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Paul Higginbotham
Acting Section Chief Printed:________________________
Office of Enforcement
Title:__________________________
Date:_________________________ Date:__________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Office of Legal Counsel
Department of Environmental Management
Date:__________________________ Date:___________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS __________ DAY OF __________________, 1997.
Adopted 2/3/98
_________________________
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven