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-350
v. )
)
ARC DISPOSAL AND RECYCLING )
)
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 to any finding of fact, conclusion of law or allegation of a
violation contained herein. This Agreed Order is entered into solely for the purposes of resolving
this disputed matter.
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 ARC Disposal and Recycling (hereinafter referred to as the "Respondent"),
who operates a transfer station at 2101 South Busse Road, Mt. Prospect, Illinois, 60056.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over
the subject matter of this action. For the purpose of resolving this matter, the Respondent
agrees to submit to the personal jurisdiction of IDEM.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
ARC Disposal and Recycling
2101 South Busse Road
Mt. Prospect, Illinois 60056
5. IDEM has reviewed one hundred sixty-six (166) municipal waste transfer manifests, which
reveal that the Respondent has engaged in municipal waste transfer activities in Indiana
between the dates of October 6, 1997 and October 17, 1997. These activities relate to
the shipment of municipal waste from the Respondent to Newton County Development
Corp. (an Indiana disposal facility). The above mentioned manifests do not contain an
acknowledgement number. IDEM has also reviewed its disclosure statement files, which
reveal that the Respondent has not submitted a disclosure statement. Based upon the
reviews, the Respondent has violated Indiana Code (IC) 13-20-6-2 and IC 13-20-4-
7(c)(5). Every shipment of municipal waste, as evidenced by a manifest, constitutes a
separate violation of these statutory provisions.
6. IC 13-20-6-2 states:
(a) Before an operator engages in municipal waste transfer activities, the operator
and each responsible party must submit a disclosure statement to the
department that:
(1) meets the requirements set forth in subsection (b); and
(2) is executed under subsection (c).
(b) The disclosure statement required under this section must set forth the
following information:
(1) The name, business address, and Social Security number or federal
taxpayer identification number of the operator or responsible party.
(2) A description of the operator's or responsible party's experience in the
collection, transportation and disposal of municipal waste.
(3) A description of all civil and administrative complaints against the
operator or responsible party for the violation of a state or federal
environmental protection law that:
(A) have resulted in a fine or civil penalty of more than ten
thousand dollars ($10,000) within five (5) years before the date
of the submission of the disclosure document; or
(B) allege an act or omission that:
(i) constitutes a material violation of the state or federal
environmental protection law; and
(ii) presented a substantial endangerment to the public
health or the environment;
within (5) years before the date of the submission of the disclosure
document.
(4) A description of all pending criminal complaints alleging the violation
of a state or federal environmental protection law that have been filed
against the operator or responsible party within five (5) years before the
date of the submission of the disclosure statement.
(5) A description of all judgments of criminal conviction entered against the
operator or responsible party within (5) years before the date of
submission of the disclosure statement for the violation of a state or
federal environmental protection law.
(6) A description of all judgments of criminal conviction of a felony
constituting a crime of moral turpitude under the laws of a state or the
United States that are entered against the operator or responsible party
within five (5) years before the date of submission of the disclosure
statement.
(7) A description of federal, state, and local environmental permits,
including identification numbers, that the operator or responsible party
holds.
(c) A disclosure statement submitted under subsection (a) must be:
(1) executed under oath or affirmation; and
(2) subject to the penalty for perjury under IC 35-44-2-1.
(d) The department may investigate and verify the information set forth in a
statement required under this section.
(e) Before December 31 of each year, an operator or a responsible party who has
submitted a disclosure statement under this section must submit to the
department a statement that:
(1) describes changes that have:
(A) occurred since the filing of the disclosure statement; and
(B) made the information contained in the disclosure statement no
longer current; or
(2) indicates that no changes described in subdivision (1) have occurred.
7. The Respondent has not submitted a disclosure statement to IDEM. Therefore, the
Respondent is in violation of IC 13-20-6-2.
8. IC 13-20-6-5 states:
When an operator or responsible party submits an initial disclosure statement or an
annual update of a disclosure statement to the department under this chapter, the
department shall send a letter to the operator or responsible party that:
(1) acknowledges the receipt of the disclosure statement; and
(2) contains an acknowledgment number issued to the operator by the
department.
9. IC 13-20-4-7(c)(5) states:
A manifest required under subsection (b) must include the following information:
If the municipal waste is transported from a transfer station that receives municipal
waste, the identity of and acknowledgment number issued by the department under
IC 13-20-6-5 or IC 13-7-10.5-14( before its repeal) to the following:
(A) The transporter of the municipal waste.
(B) The transfer station from which the municipal waste is transported.
(C) A broker involved in the transportation of the municipal waste.
10. Manifests reviewed by IDEM did not include an acknowledgment number for the
Respondent. Therefore, the Respondent has violated IC 13-20-4-7(c)(5).
11. This Agreed Order resolves all violations for failing to file a disclosure statement (IC 13-
20-6-2) and to use the proper acknowledgement number (IC 13-20-4-7(c)(5)) committed
by the Respondent prior to and including the date this Agreed Order is adopted by IDEM.
12. 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. Respondent shall maintain compliance with all applicable laws and rules from the date of
the issuance of this Order.
3. Respondent shall not engage in waste transfer activities in Indiana, including the shipping,
transporting or brokering of shipments of municipal waste to an Indiana transfer station or
disposal facility until it has been issued an acknowledgement number in accordance with
IC 13-20-6-5.
4. As a result of the violations detailed in the FINDINGS, the Respondent shall pay a fine or
penalty of three thousand seven hundred fifty dollars ($3,750) to the Indiana
Environmental Management Special Fund (Fund) within five (5) days of the Effective
Date of this Agreed Order.
5. Civil penalties are payable by check to the 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
6. As a Supplemental Environmental Project (SEP), the Respondent shall deposit a total of
forty-two thousand one hundred ninety-five dollars ($42,195) into the Fund. IDEM will
have the discretion to identify a specific SEP project that meets the criteria of IDEM's
SEP Policy and will use the $42,195 for the purpose of funding that SEP project. This
SEP obligation shall be divided into two equal payments of twenty-one thousand ninety-
seven dollars and fifty cents ($21,097.50). The first payment shall be made on or before
April 30, 1998, and the second payment shall be made on or before September 30, 1998.
Said payments 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
7. In the event that the civil penalty required by Order Condition #4 is not paid within five
(5) days of the Effective Date of this Agreed Order, and/or the SEP is not completed
within the required time frame, the 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 and/or SEP is paid in full.
8. 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.
9. 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.
10. 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.
11. 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 Chief
Solid Waste Section 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 __________________, 1998.
For the Commissioner:
signed March 19, 1998
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven