STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT )

)

Complainant, )

)

v. ) Case No. 2000-9610-S

)

R&M ENTERPRISES D.B.A. FEDDELER )

LANDFILL )

)

Respondent. )

 

NOTICE AND ORDER OF THE

COMMISSIONER OF THE

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

VIA CERTIFIED MAIL No. __________________

TO: Robert W. Feddeler, President

R&M Enterprises d.b.a. Feddeler Landfill

18501 Clark Road

Lowell, IN 46356

Following is the Notice and Order of the Commissioner of the Department of Environmental Management issued against the Respondent for violation of the Indiana Environmental Management Act. This Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC 13-30-3-11, and is based on violations found during investigations conducted by the Office of Land Quality. During the investigations, it was determined that the Respondent was in violation of 329 IAC 10, 329 IAC 11, IC 13 and Permit #45-08 as specified below:

 

 

FINDING OF VIOLATION

1. Respondent is R&M Enterprises, d.b.a. Feddeler Landfill (hereinafter referred to as "Respondent"), Permit #45-08, located at 18505 Clark Road, Lowell, Lake County, Indiana (the "Site").

2. Designated representatives of IDEM conducted inspections at the Site on May 14, 1999, July 19, 2000, August 28, 2000, and September 1, 2000.

3. On the inspections noted above, the Respondent was found in violation of:

    1. Pursuant to 329 IAC 10-14-1(c), a quarterly tonnage report of solid waste received at the solid waste land disposal facility must be submitted to the commissioner by the owner, operator, or permittee of that facility unless the owner, operator, or permittee has ceased accepting solid waste for a period of at least one (1) calendar quarter and has sent written notification indicating the initiation of final closure. Quarterly tonnage reports have not been submitted in a timely manner.

    2. Pursuant to 329 IAC 10-36-4(c), windblown materials and litter must be collected and buried daily. Windblown materials must be controlled by effective means so that they do not constitute or contribute to a nuisance. On the August 28, 2000, and September 1, 2000, inspection dates, windblown materials were not being effectively controlled resulting in litter leaving the Site contributing to a nuisance.
    3. Pursuant to Facility Permit #45-08, Permit Condition A17, windblown litter shall be collected daily. On the August 28, 2000, and September 1, 2000, inspection dates, windblown litter was not being properly collected at the Site.
    4. Pursuant to 329 IAC 10-36-10, a construction/demolition site must not deposit solid waste in standing or ponded water except for that water resulting from precipitation directly upon the working face. On the August 28, 2000, and September 1, 2000, inspection dates, waste was found deposited in standing water that did not result from precipitation directly upon the working face.
    5. Pursuant to Facility Permit #45-08, Permit Condition A13, solid waste shall not be deposited in standing or ponded water, except for water resulting from precipitation directly upon the working face. On the August 28, 2000, and September 1, 2000, inspection dates, waste was found deposited in standing water that did not result from precipitation directly upon the working face.

      6.  

       

    6. Pursuant to 329 IAC 10-36-14(a), cover material applied as required in sections 11 through 13 of this rule and 329 IAC 10-37 must be continuously maintained, including application and compaction of additional cover as needed to maintain required depth. On the July 19, 2000, August 28, 2000, and September 1, 2000, inspection dates, cover was inadequate on areas of the Site and was not being continuously maintained.
    7. Pursuant to 329 IAC 10-36-14(b), a grass or ground cover crop must be established and maintained continuously as soon as weather permits and seasonal conditions are suitable on any portion of the construction/demolition site that has received final cover except where other provisions for land use have been approved by the commissioner. On the July 19, 2000, August 28, 2000, and September 1, 2000, inspection dates, a grass and ground cover crop had not been established and maintained on any portion of the Site that had received final cover.
    8. Pursuant to 329 IAC 10-36-15(a) and (b), any leachate on the surface of a construction/demolition site must be immediately managed or controlled to prevent off-site migration. Any surface movement of leachate past a point of fifty (50) feet outside of the solid waste boundary is prohibited except as specified in the facility permit. On the August 28, 2000, and September 1, 2000, inspection dates, leachate was observed migrating further than fifty (50) feet beyond the solid waste boundary and was not being immediately managed to prevent off-site migration.
    9. Pursuant to Facility Permit #45-08, Permit Condition A9, any leachate seeps on the surface of the site shall be immediately managed to prevent off-site migration. Any surface movement of leachate past a point of fifty (50) feet outside of the approved solid waste boundaries is prohibited. On the August 28, 2000, and September 1, 2000, inspection dates, leachate was observed migrating further than fifty (50) feet beyond the solid waste boundary and was not being immediately managed to prevent off-site migration.
    10. Pursuant to 329 IAC 10-36-17 (a), prior to accepting a shipment of municipal waste from a transfer station located inside or outside of Indiana, a construction/demolition site must receive a copy of a manifest and must review the manifest to determine whether the items listed under 329 IAC 11-15-3 are included on the manifest. On the May 14, 1999 inspection, it was discovered that the Respondent had accepted shipments of municipal waste from the Ravenswood Disposal Service, a transfer station located in Illinois, without being manifested.

      11.  

    11. Pursuant to 329 IAC 10-36-17 (b), a construction/demolition site must not knowingly accept a shipment of municipal waste from a transfer station located inside or outside of Indiana if: (1) the municipal waste is not accompanied by a manifest that contains the information required under 329 IAC 11-15-3. On the May 14, 1999 inspection, it was discovered that the Respondent had accepted shipments of municipal waste from the Ravenswood Disposal Service, a transfer station located in Illinois, without being manifested.
    12. Pursuant to 329 IAC 10-39-2(a), a permittee shall establish financial responsibility for closure of the solid waste land disposal facility. Respondent does not have financial responsibility for closure of the Site.
    13. Pursuant to 329 IAC 10-39-3 (a)(2)(B), the permittee shall establish financial responsibility for post-closure care of the solid waste land disposal facility. Respondent does not have financial responsibility for post closure of the Site.
    14. Pursuant to 329 IAC 11-21-3, all transfer stations, other than those excluded under 329 IAC 11-2-47, that haul or ship municipal waste to an Indiana solid waste management facility must hold a valid permit under this article if located in Indiana. On July 19, 2000, and August 28, 2000, transfer station activities were observed at the Site without a valid permit.
    15. Pursuant to the Facility Permit # 45-08, Permit Condition D6, the permitte shall submit, along with ground water quality results, a ground water flow direction map and/or potentiometric contour map of the aquifer(s) being monitored at the site to OLQ (formerly OSHWM) on a semiannual basis. Groundwater flow direction maps and/or potentiometric contour maps were not submitted to IDEM for June 1998, June 1999, and December 1999.
    16. Pursuant to the Facility Permit #45-08, Permit Condition D10, all ground water monitoring wells which constitute the facility’s permanent ground water monitoring well system shall have water quality samples taken and tested individually on a semiannual basis during June and December. Sampling shall be conducted during each of these months and the water quality results shall be submitted to OLQ (formerly OSHWM) within sixty (60) days of sampling. Groundwater monitoring did not occur and groundwater quality results were not submitted to IDEM for June 1998, June 1999, and December 1999.

    17. Pursuant to the Facility Permit #45-08, Permit Condition D11, ground water monitoring shall be conducted throughout the active life and the post-closure care period of the facility. Groundwater monitoring did not occur and groundwater

      18. monitoring quality results were not submitted to IDEM for June 1998, June 1999, and December 1999.

    18. Pursuant to IC 13-20-21-8, solid waste annual operation fees begin accruing January 1 of each year and are due not more than thirty (30) days after the date the fees are assessed or on the date the installment is due. Annual operation fees for the Site have not been paid for the year 2000.
    19. Pursuant to IC 13-20-21-9, solid waste disposal fees must be paid by all solid waste disposal facilities, including construction/demolition disposal facilities. The solid waste disposal fees for the years 1999 and 2000 have not been paid by the due date of March 15, 2000.
    20. 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 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. Leachate migrated off-site and was allowed to be discharged into the environment.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation on October 26, 2000, via Certified Mail to:

Robert W. Feddeler, President

R&M Enterprises d.b.a. Feddeler Landfill

18501 Clark Road

Lowell, IN 46356

5. The Respondent received the Notice of Violation on November 30, 2000.

6. The Notice of Violation contained an offer to enter into an Agreed Order containing actions required to correct the violation.

7. More than sixty (60) days have elapsed since Respondent was offered the opportunity to enter into an Agreed Order.

8. In September 2000, the Respondent stopped accepting waste at the Site.

9. On February 8, 2001, a settlement conference was held between IDEM and Respondent.

10. On March 6, 2001, a settlement conference was scheduled between IDEM and the Respondent. The Respondent was not able to make the conference and rescheduled.

11. On March 15, 2001, a settlement conference was scheduled between IDEM and Respondent. The Respondent was not able to make the conference and rescheduled.

12. The Respondent has not entered into an Agreed Order resolving these violations.

ORDER

  1. Respondent shall immediately cease and desist violation of 329 IAC 10, 329 IAC 11, IC 13, and Permit #45-08.

2. Respondent shall, pursuant to 329 IAC 10-39-2(c) and 329 IAC 3(a)(2)(B), immediately obtain financial assurance for closure and post closure costs. The post closure financial assurance amount shall reflect an adjustment for groundwater monitoring costs associated with post closure activities.

3. Respondent shall, within ten (10) days of the Effective Date of this Order, submit 3rd and 4th quarter solid waste tonnage reports for 2000.

4. Respondent shall, within fifteen (15) days of the Effective Date of this Order, submit manifests for waste received from the Ravenswood Disposal Service Transfer Station.
  1. Respondent shall, within ten (10) days of the Effective Date of this Order, pay the annual operation fees for 2000.
  2. Respondent shall, within ten (10) days of the Effective Date of this Order, pay the solid waste disposal fees owed for 1999 and 2000 and submit the semi-annual disposal report associated with the fees.

7. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Jennifer Andres, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, Indiana 46206-6015

8. The Respondent is assessed a civil penalty of fifty four thousand, seven hundred and fifty dollars and no cents ($54,750.00). Said penalty amount shall be remitted to the Department of Environmental Management within thirty (30) days of the effective date of this Order. Checks shall be made payable to Environmental Management Special Fund with the Case Number indicated on the check and mailed to:

Cashier

IDEM

100 North Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46207-7060.

9. This Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns.

10. The Respondent shall provide a copy of this Order, if in force, to any subsequent owners or successors before the ownership rights are transferred. Respondent shall ensure that all contractors, firms, and other persons performing work under this Order comply with the terms of this Order.

 

EFFECTIVE DATE OF ORDER

Pursuant to IC 13-30-3-5, this Order takes effect twenty (20) days following receipt unless you request review of this Order, before the twentieth day after receipt, by filing a written request for review with the Office of Environmental Adjudication, and serving a copy of the request for review upon the Commissioner of the Indiana Department of Environmental Management. Pursuant to IC 4-21.5-3-7, you may request that the Office of Environmental Adjudication conduct a hearing to review this Order, under IC 4-21.5, in its entirety, or you may limit your request for review to specific findings of fact and/or orders contained in this Order.

Requests for review must be submitted to the Office of Environmental Adjudication and the Commissioner of the Indiana Department of Environmental Management at the following addresses:

Director Commissioner

Office of Environmental Adjudication Indiana Dept. of Environmental Management

ISTA Building Indiana Government Center North

150 W. Market Street 100 N. Senate

Suite 618 P.O. Box 6015

Indianapolis, Indiana 46204 Indianapolis, Indiana 46206-6015

Failure to properly submit a request for review, before the twentieth day following receipt of this Order of the Commissioner, waives your right to administrative review of this Order pursuant to IC 4-21.5-3-7 and your right to judicial review of the Order pursuant to IC 4-21.5-5-

4. The petition for administrative review must contain the following information:

(1) Name, address, and telephone number of each person filing the petition.

(2) Identification of the interest of each petitioner in the subject of the petition.

(3) Statement of facts demonstrating that the petitioner is:

(A) a person to whom the order is directed;

(B) aggrieved or adversely affected by the order; or

(C) entitled to review under any law.

(4) Statement with particularity the legal issues proposed for consideration in the proceedings.

The petition for administrative review should also contain the following information:

(1) Identification of any persons represented by the person making the request pursuant to IC 4-21.5-3-15.

(2) Statement identifying the person against whom administrative review is sought.

(3) A copy of the notice of the commissioner’s action issued by the department of environmental management which is the basis of the petition for administrative review.

(4) Statement indicating the identification of petitioner’s attorney or other representative.

If you have procedural or scheduling questions regarding your request for review you may contact the Office of Environmental Adjudication at (317) 232-8591.

 

Dated at Indianapolis, Indiana, this _____________ day of __________________, 2001.

 

 

Signed on June 27, 2001

___________________________

Lori F. Kaplan

Commissioner

 

cc: Lake County Solid Waste Management District

Lake County Health Department

R&M Enterprises d.b.a. Feddeler Landfill 2B2 File

http://www.ai.org/idem