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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-376
                            )
                            )
SOUTH SIDE LANDFILL                )
                            )
Respondent.            )

AGREED ORDER

    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. In entering into this Agreed Order, Respondent does not admit, and shall not be deemed to have admitted, any violation alleged by the Complainant herein.

I. FINDINGS OF FACT

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.    South Side Landfill (hereinafter referred to as the "Respondent") is the owner, operator and permittee of the South Side Landfill, Facility Permit #49-01. The South Side Landfill is located at 2561 Kentucky Avenue, Marion County, Indianapolis, 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 IDEM found three municipal waste transportation manifests that did not contain an IDEM acknowledgement number as required by IC 13-20-4-7(c)(5).

    .    IC 13-20-4-7(c)(5) states:    
        (c) 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."
                            
        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 acknowledgement number issued to the operator by the department."

    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 IDEM found three municipal waste transportation manifests that did not contain an IDEM acknowledgement number as required by 329 IAC 11-15-3(5).

        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)."

6.    The operators of South Side Landfill contend they have had in place since the summer of 1991 certain practices and procedures requiring all professional waste- haulers (including transfer stations) to register with the Respondent prior to using the facility. South Side Landfill's practice included the securing and verifying of the IDEM acknowledgment number on each applicant and the placing of said number into South Side Landfill's computerized system. Respondent alleges that pursuant to these procedures, only approved trucks could pass - first through South Side Landfill's computer system and only then could said trucks pass through Respondent's gates.


7.     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.
        
8.    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 is adopted by IDEM.
        
9.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
                

II. 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.    As a result of the violations detailed in the FINDINGS, the Respondent shall pay a civil penalty of $7,656.25 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, their 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. 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 for a period of two (2) years after the Effective Date of the 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 9/8/98
                            David J. Hensel
                            Director
                            Office of Enforcement    

Converted by Andrew Scriven