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-355
v. )
)
)
WASTE MANAGEMENT OF ILLINOIS, INC. )
)
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 purpose 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 Waste Management of Illinois, Inc. (hereinafter referred to as the
"Respondent"), who owns and operates the CID Chicago Sorting Center Transfer Station
at 13707 South Jeffrey, Chicago, Illinois, 60633.
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:
CID Chicago Sorting Center
13707 South Jeffrey
Chicago, Illinois 60633
5. IDEM has reviewed two hundred sixty-five (265) 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 18, 1997. These activities
relate to the shipment of municipal waste from the Respondent's CID Chicago Sorting
Center to Deercroft RDF (an Indiana disposal facility). The above mentioned manifests
contain an acknowledgement number not assigned to the Respondent's CID Chicago
Sorting Center. IDEM has also reviewed its disclosure statement files, which reveal that
the Respondent has not submitted a disclosure statement specifically for the CID Chicago
Sorting Center. Instead, the Respondent has used an acknowledgement number, IL-02-
0013, issued to the Respondent to operate a transfer station at 62105 W. 101st Street,
Chicago Ridge, Illinois location. Information which the Respondent would have
provided for this transfer station (other than its address) would not have differed from
that it did provide for its other waste transfer activities. Based upon the reviews, the
Respondent has violated Indiana Code (IC) 13-20-6-2 and IC 13-20-4-7(c)(5), for not
having a separate acknowledgement number for the CID Chicago Sorting Center. 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. Although the Respondent submitted a disclosure statement as an operator who manages
the activities of a transfer station, the Respondent has not submitted a disclosure
statement to IDEM for this particular transfer station. Therefore, IDEM finds the
Respondent to be in violation of IC 13-20-6-2.
8. IC 13-11-2-148(c) states:
"Operator", for purposes of IC 13-20-6, means a corporation, a limited liability
company, a partnership, a business association, a unit, or an individual who is a
sole proprietor that is one (1) of the following:
(1) A broker.
(2) A person who manages the activities of a transfer station that
receives municipal waste.
(3) A transporter
9. 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.
10. 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.
11. Manifests reviewed by IDEM did not include an acknowledgment number, assigned by
IDEM, for the CID Chicago Sorting Center. Therefore, IDEM finds that the Respondent
has violated IC 13-20-4-7(c)(5).
12. 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.
13. 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 from the CID Chicago
Sorting Center, including the shipping, transporting or brokering of shipments of
municipal waste to an Indiana transfer station or disposal facility unless 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 four thousand six hundred dollars ($4,600) to the Indiana Environmental
Management Special Fund (Fund) within ten (10) 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 will provide fifty-one
thousand seven hundred fifty-seven dollars ($51,757) worth of disposal capacity free of
charge at any Indiana landfill over which Waste Management of Indiana, L.L.C. has
control for the remediation of improperly disposed solid waste, including waste tires,
within Indiana. Each load will be subject to disposal in accordance with Waste
Management of Indiana, L.L.C.'s random inspection program. This disposal capacity
shall be used for the disposal of solid waste from the cleanups of illegal solid waste sites
selected by IDEM on dates selected by IDEM. The value of this SEP is calculated at
twenty dollars ($20.00) per gate ton and adjusted yearly per the consumer price index.
The $20.00 per gate ton does not include any solid waste fees or solid waste district fees
imposed under state statute. Also, the $20.00 per gate ton is dependent upon the waste
for disposal consisting of municipal solid waste, construction/demolition waste or waste
tires. Waste tires must not need further processing by the landfills to be legally disposed.
This Condition shall remain in effect for a period of four (4) years from the Effective
Date of this Agreed Order.
7. In the event that the civil penalty required by Order Condition #4 is not paid within ten
(10) days of the Effective Date of this Agreed Order, 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 is paid in full.
8. If the SEP described in Order Condition #6 is not completed in accordance with this
Agreed Order, including the time frame set out in Order Condition #6, the Respondent
shall be assessed, without any further action on part of the Complainant being necessary,
a civil penalty of the outstanding balance of the SEP divided by 1.25. Such civil penalty
amount shall be due and payable to the Environmental Management Special Fund within
fifteen (15) days after receipt of a notice to pay from IDEM.
9. 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.
10. 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.
11. 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.
12. 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, 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 8/14/98
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven