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STATE OF |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. HOWELL
OF GARY TRACTOR & EQUIPMENT CO. INC, Respondent. |
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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. Pursuant to IC 13-30-3-3, entry into the
terms of this Agreed Order does not constitute an admission of any violation
contained herein. The Respondent's entry into this Agreed Order shall not
constitute a waiver of any defense, legal or equitable, which Respondent may
have in any future administrative or judicial proceeding, except a proceeding
to enforce this Order.
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
2.
The Respondent is Howell of Gary Tractor & Equipment Co.
Inc. (“Respondent”), which owns and operates a heavy equipment retail sales
store, repair shop, and equipment steam cleaning unit, and is authorized to
discharge the wastewater at Outfall 001 to an unnamed ditch to the
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, on August 24, 2005, IDEM issued a
Notice of Violation via Certified Mail to:
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Robert
A. Byrne, President Howell
of Gary Tractor & Equipment
Co., Inc. |
Ronald
Croner, Registered Agent Howell
of Gary Tractor & Equipment
Co., Inc. |
5.
Inspections and records review on the dates specified below
were conducted by representatives of IDEM.
The following violations were in existence or observed at the time of
these inspections and records review:
6.
Pursuant to 327
7.
Pursuant to Part I.A.1 of the Permit, the Respondent is
required to comply with effluent limitations contained in Part I.A.1 of the
Permit.
8.
Pursuant to IC 13-30-2-1(1), a person may not discharge,
emit, cause, allow or threaten to discharge, emit, cause, or allow any
contaminant or waste, including any noxious odor, either alone or in
combination with contaminants from other sources, into the environment in any
form that causes or would cause pollution that violates or would violate rules,
standards, or discharge or emission requirements adopted by the appropriate
board under the environmental management laws.
9.
Pursuant to 327 IAC 5-2-8(1), and Part I.A.1.[1] of the
Permit, samples for carbonaceous biochemical oxygen demand (“CBOD”), total
suspended solid (“TSS”) interim limits, and oil & grease, shall be taken once
at any time during each of the four annual quarters, as outlined in the Permit:
January-February-March; April-May-June; July-August-September; and
October-November-December.
10.
Pursuant to 327 IAC 5-2-8(1) and Part I.A.1.[1] of the
Permit, samples for pH and TSS final limits shall be taken monthly. The June 9, 2004 inspection report indicates
that the Respondent failed to collect monthly samples for pH and TSS final
limits from February 2002 to June 2004.
The Respondent performed only quarterly monitoring for pH and TSS,
during the period of February 2002 to June 2004, in violation of IC 13-30-2-1,
327 IAC 5-2-8(1) and Part I.A.1.[1] of the Permit.
11.
Discharge
Monitoring Reports (“DMRs”) submitted by the Respondent for the period from
July 2002 to January 2005, reveal that the Respondent failed to comply with the
effluent limitations contained in Part I.A.1.[1] of the Permit as follows:
a.
The effluent limitation for TSS, as reported by the
Respondent, was violated during the following sampling periods:
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March |
2004; |
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June |
2004; |
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July |
2004; |
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September |
2004; |
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November |
2004; and |
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January |
2005. |
b.
The effluent limitation for CBOD was violated during the
following sample periods:
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4th Quarter |
2002, |
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1st Quarter |
2003, |
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3rd Quarter |
2003, |
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4th Quarter |
2003, |
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1st Quarter |
2004, |
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2nd Quarter |
2004, |
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3rd Quarter |
2004; and |
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4th Quarter |
2004. |
c.
The effluent limitation for oil and grease was violated
during the following sample periods:
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4th Quarter |
2002, and |
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1st Quarter |
2003. |
The Respondent's failure to comply with
effluent limitations contained in the Permit is in violation of IC 13-30-2-1,
327 IAC 5-2-8(1), Parts I.A.1 and II.A.1 of the Permit.
12.
Pursuant to Part II.C.1.(b) of the Permit, and 327 IAC
5-2-8(10)(F), the permittee shall give notice to the commissioner as soon as
possible of any planned physical alterations or additions to the permitted
facility. In this context, permitted
facility refers to a point source discharge, not a wastewater treatment
facility. Notice is required when the alteration or addition could
significantly change the nature of, or increase the quantity of, pollutant
discharge. This notification applies to
pollutants that are subject either to effluent limitations in Part I.A. of the
Permit or to notification requirements in Part II.C.10. of this permit (and 327
IAC 5-2-9, for notification of toxic substances). Following such notice, the permit may be
modified to revise existing pollutant limitations and/or to specify and limit
any pollutants not previously limited.
13.
The Respondent failed to notify IDEM during the permit
application process of its use of wax, which discharges through Outfall 001,
and is a significant change to the nature of the discharge to waters of the
state, in violation of Part II.C.1.(b) of the Permit, and 327 IAC 5-2-8(10)(F).
14.
On June 28, 2006, the Respondent notified IDEM that it no
longer uses wax in its cleaning process.
The Respondent now uses a more environmentally friendly detergent and
therefore does not require a NPDES permit modification.
15.
Pursuant to Part I.C.2 of the Permit and 327 IAC 5-2-15(a),
the Respondent is required to submit monitoring reports to IDEM containing
results obtained during the previous month, postmarked no later than the 28th
day of the month following each completed monitoring period. These reports are to include, but not
necessarily be limited to, the DMRs.
16.
Pursuant to 327 IAC 2-4-1, a person, firm or corporation
that operates a municipal, industrial, commercial or agricultural waste
treatment plant control facility or discharges wastewaters to the waters of the
state of
17.
The Respondent failed to submit MROs for the months of
September, October and November, 2003; February, April, May, August, October,
and November, 2004; and February, March, and April, 2005; in violation of 327
IAC 5-2-8(1), Part I.C.2 of the Permit, 327 IAC 5-2-15(a), Part I.B.3 of the
Permit, and 327 IAC 2-4-1.
18.
Also during the past three years, IDEM’s records indicate
that the Respondent monitored TSS final limits, (as required by Schedule “D” in
the Permit) and pH, on a quarterly basis.
The Respondent failed to monitor TSS final limits and pH monthly and
submit the information on the MROs, as required by Part I.C.2 of the Permit,
327 IAC 5-2-15(a), and 327 IAC 2-4-1.
19.
Pursuant to 327 IAC 5-2-2, any discharge of pollutants into
waters of the state as a point source discharge, except for exclusions made in
327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit
obtained prior to the discharge.
20.
For the period of July 2002 to July 2005, the Respondent
failed to report any bypass of treatment events to IDEM. However, inspections conducted on June 9,
2004 documented the presence of sand in the ditch at the outfall pipe, which
evidences the occurrence of bypass of treatment, in violation of 327 IAC 5-2-2,
327 IAC 5-2-8(11)(D)(i), and Part II.A.7 of the Permit.
21.
Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and
at all places, including the mixing zone, shall meet the minimum conditions of being
free from substances, materials, floating debris, oil or scum attributable to
municipal, industrial, agricultural, and other land use practices, or other
discharges:
(A)
that will settle to form putrescent or otherwise
objectionable deposits;
(B)
that are in amounts sufficient to be unsightly or
deleterious;
(C)
that produce color, visible oil sheen, odor, or other
conditions in such degree as to create a nuisance;
(D)
which are in amounts sufficient to be acutely toxic to, or
to otherwise severely injure or kill aquatic life, other animals, plants, or
humans; and
(E)
which are in concentrations or combinations that will cause
or contribute to the growth of aquatic plants or algae to such degree as to
create a nuisance, be unsightly or other wise impair the designated uses.
22.
Pursuant to IC 13-30-2-1(1), a person may not discharge,
emit, cause, allow or threaten to discharge, emit, cause, or allow any
contaminant or waste, including any noxious odor, either alone or in
combination with contaminants from other sources, into the environment.
23.
Pursuant to IC 13-18-4-5, it is unlawful for any person to
throw, run, drain, or otherwise dispose into any of the streams or waters of
Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to
seep, or otherwise disposed into any waters; any organic or inorganic matter
that causes or contributes to a polluted condition of any waters, as determined
by a rule of the board adopted under sections 1 and 3 of this chapter.
24.
During IDEM’s inspection on June 8, 2004, it was observed
that the Respondent was discharging untreated process wastewater from the
Respondent's equipment wash facility into an unnamed ditch that flows to the
Grand Calumet River, waters of the state, in violation in violation of 327 IAC
2-1-6(a)(1), and thus violating IC 13-30-2-1(1) and IC 13-18-4-5.
25.
Pursuant to Part I.C.7 of the Permit, records shall be
retained for three (3) years at the permitted facility.
26.
According to the June 9, 2004 inspection, it was noted that
that required discharge monitoring records were not on-site, in violation of
Part I.C.7 of the Permit.
27.
Pursuant to Part II.B.1 of the Permit and 327 IAC 2-1.5-8,
the Respondent is required, at all times, to maintain all facilities, in good
working order and operate all facilities as efficiently as possible and in a
manner which will minimize upsets and discharges of excessive pollutants.
28.
On June 9, 2004, a representative of IDEM observed poor
effluent quality and evidence of solids in the receiving stream, in violation
of Part II.B.1 of the Permit and 327 IAC 2-1.5-8.
29.
Pursuant to 327 IAC 5-2-12 and Part I.D of the Permit,
contains a schedule of compliance requiring the Respondent to meet the Permit
effluent limitations.
(1)
The permittee shall achieve compliance with the effluent
limitations specified for TSS at Outfall 001 in accordance with the following
schedule:
a.
The permittee shall submit a written progress report to the
Compliance Evaluation Section of the Office of Water Quality (“OWQ”) nine (9) months
from the effective date of this permit the final limits for TSS will become
effective, but no later than 24 months from the effective date of this permit.
To date, the Respondent failed to submit a written progress report to OWQ and
remains in violation of 327 IAC 5-2-12 and Part I.D.1.a of the Permit.
b.
If construction is required to meet the new effluent limits,
initiation of construction shall commence no later than eighteen (18) months
from the effective date of this permit.
From IDEM’s records review, the Respondent is unable to meet the Permit
limits. The Respondent failed to
construct a wastewater treatment facility for its equipment wash facility
process wastewater discharge to meet effluent limits on or after July 2003, in
violation of 327 IAC 5-2-12 and Part I.D.1.b of the Permit.
c.
Construction shall be completed within twenty-three (23)
months from the effective date of this permit.
The permittee shall submit a written progress report to the Compliance
Evaluation Section, OWQ when construction has been completed.
The Respondent failed to construct a wastewater treatment facility for its equipment
steam cleaning unit process wastewater discharge to meet effluent limits on or
after July 2003 and/or notify IDEM of completion of construction of a
wastewater treatment facility, in violation of 327 IAC 5-2-12 and Part I.D.1.c
of the Permit.
d.
Within thirty (30) days of completion of construction, the
permittee shall file with the Industrial NPDES Permit Section of OWQ a notice
of installation for the additional pollutant control equipment and a design
summary of any modifications.
The Respondent failed to construct a wastewater treatment facility to meet
effluent limits on or after July 2003 and/or notify IDEM of completion of
construction of a wastewater treatment facility, in violation of 327 IAC 5-2-12
and Part I.D.1.d of the Permit.
a.
The permittee shall comply with the final effluent
limitations for TSS no later than twenty-four (24) months from the effective
date of this permit.
On or after February 1, 2004, TSS final limits became effective with monthly
monitoring and reporting required. The
Respondent did not comply with this schedule, in violation of 327 IAC 5-2-12
and Part I.D.1.e of the Permit.
(2)
If the permittee fails to meet any of the above actions in
the foregoing schedule by more than fourteen (14) days, the permittee shall
submit a written notice of noncompliance to the Compliance Evaluation Section
of OWQ stating the cause of noncompliance, any remedial action taken or
planned, and the probability of meeting the remaining terms of the schedule.
30.
The Respondent failed to maintain compliance with the Permit
and therefore remains in violation of IC 13-30, IC 13-18, 327 IAC 2, and 327
IAC 5.
31.
In recognition of the settlement reached, the 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.
The Respondent shall comply with its NPDES Permit, as well
as all applicable provisions of the Indiana Code and the Indiana Administrative
Code, including IC 13-30, IC 13-18, 327 IAC 2, and 327 IAC 5.
3.
During the period that the Respondent operates the facility
under its current NPDES Permit, it shall take all necessary steps to, at all
times, maintain in good working order, and efficiently and effectively operate its
waste collection, control, treatment, and disposal facility. In the event that a discharge from any
portion of the Respondent’s equipment steam cleaning unit wastewater discharge,
including but not limited to, Outfall 001, that does not meet the NPDES Permit
requirements, or any other applicable rule or statutes, the Respondent shall:
a.
take all reasonable actions to cease any illegal discharges
as soon as possible;
b.
properly clean the area affected by the illegal discharge
(“affected area”);
c.
remove and properly dispose of sand, salt, silt or other
pollutant from the affected areas; and
d.
report the illegal discharge event as follows:
(i)
within 24 hours of the Respondent's discovery of the
discharge event, the Respondent shall provide verbal notification of the event
to IDEM, at (317) 232-8795 during regular business hours or (317) 233-7745
during non-business hours;
(ii)
within five days of the Respondent's discovery of the
discharge event, the Respondent shall submit written notification of the event
to IDEM. The notification shall include the following information:
·
the duration and cause of the discharge,
·
the remedial action taken to eliminate it, and
·
the actions that have been or that will be taken to prevent
reoccurrence.
(iii) the Respondent
shall report the duration and estimated volume of the discharge event on the
DMRs.
4.
The Respondent shall document all actions taken to cease the
discharge and to remediate the affected areas, retain copies of the
documentation, and allow IDEM representatives to inspect and copy these records
upon request.
5.
Within 60 days of the Effective Date, the Respondent shall
take all necessary measures to implement corrective action to cease discharge
to waters of the state. The proposed
corrective action shall include but not be limited to the following:
A.
obtain all necessary permits;
B.
commence/complete construction of concrete wash pad to
accommodate necessary heavy equipment washing and drainage requirements;
C.
install an oil and water separator system to collect water generated
by the equipment washing activities;
D.
install a 6,000 gallon process wastewater storage tank;
E.
cease its point source discharge of process wastewater; and
F.
permanently seal off its point source discharge Outfall 001.
6.
Until corrective action outlined in Order Paragraph 5 above
is complete, the Respondent shall comply with its NPDES Permit. The Respondent shall submit complete
monitoring reports, including, but not necessarily limited to, the DMRs and
MROs, postmarked to IDEM by the 28th day of the month following each
completed monitoring period, in accordance with 327 IAC 5-2-15(a) and Part
I.B.3 of the NPDES Permit.
7.
Within 180 days of commencing construction, the Respondent
shall complete all construction necessary to facilitate the corrective action. Upon completion of the milestone dates
contained in Order Paragraph 5 above, a written notification shall be submitted
to IDEM at the address in Order Paragraph 13 below.
8.
Upon completion of the corrective action required pursuant
to Order Paragraph 5 above, the Respondent shall contact IDEM to schedule an
inspection by IDEM’s designated inspector to verify that its point source
discharge ceased and Outfall 001 has been permanently sealed off.
9.
Once IDEM has made a determination that the requirements of
Order Paragraph 5.E. and 5.F. were correctly completed, the Respondent shall
immediately submit a request to IDEM to void its NPDES Permit.
10.
Upon installation of an oil and
water separator system to collect water generated by the equipment washing
activities, as outlined in Order Paragraph 5.C., the
Respondent shall take all actions necessary to prevent discharges that contain
petroleum or petroleum products in an amount sufficient to create visible sheen
on any waters of the state, including the
a.
the removal and
proper disposal of petroleum and petroleum products from the oil and water
separator, as often as necessary to prevent discharges that violate the Clean Water
Act and all applicable rules and statutes;
b.
the operation and
maintenance of the oil and water separator, as necessary to prevent discharges
that contain petroleum or petroleum products in an amount sufficient to create
visible sheen on any water of the State; and
c.
the continuation and
completion of the comprehensive evaluation of the entire Site to determine the
source(s) of all petroleum and petroleum products that are entering the oil and
water separator.
d.
training of the Respondent’s employees to comply with the
Clean Water Act and all applicable rules and statutes.
11.
Upon completion of the corrective action pursuant to Order
Paragraph 5 above, the Respondent shall be subject to the stipulated penalties
provided for in Order Paragraph 15 below for any discharges of process
wastewater from its equipment steam cleaning unit that do not meet the current
NPDES Permit limitations.
12.
The Respondent shall maintain a regular schedule to pump and
haul the contents of the 600 gallon process wastewater storage tank in an approved
manner to an approved disposal site to prevent illegal discharges to waters of
the state.
13.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
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Ms.
Aletha Lenahan, Enforcement Case Manager |
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Office
of Enforcement – Mail Code – 60-02 |
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Indiana
Department of Environmental Management |
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14.
The Respondent is assessed a civil penalty of Five Thousand Dollars
($5,000). Said amount shall be due and payable to the Environmental Management
Special Fund within 30 days of the Effective Date of this Agreed Order.
15.
In the event that any of the terms and conditions of the
following paragraphs are violated, the Complainant may assess and the
Respondent shall pay a stipulated penalty in the following amount:
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PARAGRAPH |
VIOLATIONS: |
PENALTY: |
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3 |
Failure to
take all reasonable actions to cease the discharge as soon as possible;
properly clean the affected areas; remove and properly dispose of sewage and
debris from the affected areas; or report the discharge event, as required. |
$2000 per
discharge event. |
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4 |
Failure to
document action taken to cease the discharge and to remediate the affected
areas, or make documentation available to IDEM, as required. |
$2000 per
discharge event. |
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5 |
Failure to
timely take corrective action to cease discharge to waters of the state. |
$500 per
violation. |
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6 |
Failure to comply
with effluent limits of the NPDES permit until corrective action is complete
and discharge has ceased. |
$500 per
violation. |
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7
& 8 |
Failure to
timely submit written notification of completion of milestone dates. |
$100 per each
week or part thereof late. |
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8 |
Failure to
timely notify IDEM to schedule an inspection and seal off Outfall 001. |
$100 per
each week or part thereof late. |
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9 |
Failure
to request IDEM void NPDES permit. |
$500 per
each week or part thereof late. |
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10 |
Failure
to take action to prevent a discharge from the oil and water separator, which
may contain petroleum or petroleum products in an amount sufficient to create
visible sheen on any waters of the state. |
$500
per violation. |
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11 |
Failure
to take action to pump and haul contents of the storage tank to prevent
illegal discharges to water of the state. |
$2000 per
discharge event. |
16.
Stipulated penalties shall be due and payable within 45 days
after the 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 any of
the stipulated penalties given above, the Complainant may seek any other
remedies or sanctions available by virtue of the Respondent's violation of this
Agreed Order or Indiana law, including, but not limited to, civil penalties
pursuant to IC 13-30-4.
17.
Civil and stipulated penalties are payable by check to the
Environmental Management Special Fund. Payment shall include the Case Number
2004-14300-W, of this action and shall be mailed to:
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Indiana
Department of Environmental Management |
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Cashiers
Office – Mail Code 50-10C |
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18.
In the event that the civil penalty required by Order Paragraph
14, is not paid within 30 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.
19.
“Force Majeure”, for purposes of this Agreed Order, is
defined as any event arising from causes totally beyond the control and without
fault of the Respondent that delays or prevents the performance of any
obligation under this Agreed Order despite the Respondent’s best efforts to
fulfill the obligation. The requirement
that the Respondent exercise “best efforts to fulfill the obligation” includes
using best efforts to anticipate any potential force majeure event and best
efforts to address the effects of any potential force majeure event (1) as it
is occurring and (2) following the potential force majeure event, such that the
delay is minimized to the greatest extent possible. “Force Majeure” does not
include changed business or economic conditions, financial inability to
complete the work required by this Agreed Order, or increases in costs to
perform the work.
20.
The Respondent shall notify IDEM by calling the case manager
within three calendar days and by writing no later than seven calendar days after
it has knowledge of any event which the Respondent contends is a force majeure.
Such notification shall describe the anticipated length of the delay, the cause
or causes of the delay, the measures taken or to be taken by the Respondent to
minimize the delay, and the timetable by which these measures will be
implemented. The Respondent shall
include with any notice all available documentation supporting its claim that
the delay was attributable to a force majeure.
Failure to comply with the above requirements shall preclude the
Respondent from asserting any claim of force majeure for that event. The Respondent shall have the burden of
demonstrating that the event is a force majeure. The decision of whether an event is a force
majeure shall be made by IDEM.
21.
If a delay is attributable to a force majeure, IDEM shall
extend, in writing, the time period for performance under this Agreed Order, by
the amount of time that is directly attributable to the event constituting the
force majeure.
22.
This Agreed Order shall apply to and be binding upon the
Respondent, its successors, 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.
23.
In the event that any terms of the 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.
24.
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.
25.
This Agreed Order is not and shall not be interpreted to be
a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or
approval of any submittal made by the Respondent pursuant to this Agreed Order,
shall not in any way relieve the Respondent of its obligation to comply with
the requirements of any applicable permit or order or with any other applicable
federal or state law or regulation.
26.
The Complainant does not, by its approval of this Agreed
Order, warrant or aver in any manner that the Respondent’s compliance with any
aspect of this Agreed Order will result in compliance with the provisions of
any permit or order or any applicable federal or state law or regulation. Additionally, IDEM or anyone acting on its
behalf shall not be held liable for any costs or penalties the Respondent may
incur as a result of Respondent’s efforts to comply with this Agreed Order.
27.
Nothing in this Agreed Order shall prevent or limit IDEM’s
rights to obtain penalties or injunctive relief under any applicable federal or
state law or regulation, except that IDEM may not seek additional civil
penalties for the violations specified in the Notice of Violation.
28.
Nothing in this Agreed Order shall prevent IDEM or anyone
acting on its behalf from communicating with the United States Environmental
Protection Agency (EPA) or any other agency or entity about any matters
relating to this enforcement action.
IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties the Respondent may incur as a result of such communications
with the EPA or any other agency or entity.
29.
This Agreed Order shall remain in effect until the
Respondent complies with the terms of Order Paragraphs 3 through 21 and IDEM
issues a Close-Out letter.
The
remainder of this page is intentionally left blank.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Howell of Gary Tractor &
Equipment Co. Inc. |
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Mark
W. Stanifer |
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Printed: |
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Section
Chief, Water Section |
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Title: |
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Office
of Enforcement |
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COUNSEL
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COUNSEL
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Department
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By: |
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By: |
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Julie
Alexander, Esq. |
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Daniel
P. McInerny, Esq. |
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Office
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Bose
McKinney & Evans, LLP Attorneys
at Law |
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Date: |
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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2006. |
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For
The Commissioner: |
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Signed
on August 21, 2006 |
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Matthew
T. Klein |
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Assistant
Commissioner |
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of
Compliance and Enforcement |
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