STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. SW-373
)
)
LIBERTY LANDFILL, 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 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. Liberty Landfill, Inc. (hereinafter referred to as the "Respondent") is the owner, operator
and permittee of Liberty Landfill, Solid Waste Facility Permit #91-04, located
approximately two (2) miles east of Buffalo, White County, Indiana (hereinafter referred
to as "the Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over
the parties and subject matter of this action.
4. IDEM representatives conducted an inspection at the Site on January 28, 1998. During
this inspection, IDEM representatives reviewed municipal waste transportation manifests.
5. Based on the inspection noted above, the Respondent was found in violation of the
following:
A. IC 13-20-4-11(2) states:
A solid waste disposal facility or a solid waste processing facility may not
accept a shipment of municipal waste:
(2) that is not accompanied by a municipal waste transportation
manifest as required by section 7 of this chapter.
This violation is based on the fact that during the inspection, nine (9) of the
municipal waste transportation manifests that IDEM reviewed did not contain
IDEM acknowledgement numbers as required by IC 13-20-4-7(c)(5).
B. 329 IAC 10-20-30(c)(1) states:
A municipal solid waste landfill must not knowingly accept a shipment of
municipal waste from a transfer station located inside or outside Indiana
if:
(1) the municipal waste is not accompanied by a manifest that
contains the information required under 329 IAC 11-15-3.
This violation is based on the fact that during the inspection, nine (9) of the
municipal waste transportation manifests that IDEM reviewed did not contain
IDEM acknowledgement numbers as required by 329 IAC 11-15-3(5).
6. IC 13-20-4-7(c)(5) states:
A manifest required under subsection (b) must include the following information:
(5) If the municipal waste is transported from a transfer station that
receives municipal waste, the identity of and acknowledgement
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.
7. 329 IAC 11-15-3(5) states:
The manifest required under section 2 of this rule must include the following
information:
(5) The acknowledgement numbers issued by the department under IC 13-
7-10.5-14(2) to the transfer station, transporter, and broker listed on
the manifest. (IC 13-7-10.5-14(2) has been recodified at IC 13-20-6-
5).
8.
In order to enter expeditiously into this Agreed Order, Respondent waives its right to the
issuance of a Notice Of Violation and to the settlement period of sixty (60) days as
provided for by IC 13-30-3-3.
9. This Agreed Order resolves all violations for accepting improperly manifested municipal
waste (IC 13-20-4-11 and 329 IAC 10-20-30) committed by the Respondent prior to and
including the date this Agreed Order becomes effective.
10. 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 accept for disposal municipal waste that is not manifested in
accordance with IC 13 and 329 IAC 10.
4. The Respondent shall pay a civil penalty of eight thousand two hundred three dollars
($8,203.00) to the Indiana Environmental Management Special Fund (Fund) within thirty
(30) days of the Effective Date of this Agreed Order.
5. Civil 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
6. In the event that the civil penalty required by Order Condition 4 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.
7. 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.
8. 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.
9. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. The Respondent shall
ensure that all contractors, firms and other persons performing work under this Agreed
Order comply with the terms of this Agreed Order.
10. This Agreed Order shall remain in effect until the Respondent has complied with all
terms and conditions in Order Conditions 4 through 6 of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENTS:
Department of Environmental Management
By:___________________________ By:____________________________
Paul Higginbotham, Chief
Solid Waste Section Printed:_________________________
Office of Enforcement
Title:___________________________
Date:_________________________ Date:___________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENTS:
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 on JUNE 11, 1998
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven