STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
OF THE DEPARTMENT |
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2018-25607-S |
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MOB Carriers, INc. d/b/a tx loadrunners, |
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Respondent. |
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AGREED ORDER
Complainant
and Respondent[s] 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. 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 (“Complainant”)
of the Indiana Department of Environmental Management (“IDEM”), a department of
the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is MOB Carriers, Inc. d/b/a TX
Loadrunners (“Respondent”), which owns/operates the company with United States Department
of Transportation (“DOT”) ID No. 2078484, located at 11016 S Pipeline Rd, in Euless,
Texas.
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Respondent owns and/or operates a company with
U.S. DOT number 2078484, located at 11016 S Pipeline Rd in Euless, Texas.
5.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) on via Certified Mail to:
Rashid
Jingo, President |
Ahmed
Musa, Registered Agent |
MOB
Carriers, Inc. |
MOB
Carriers, Inc. |
d/b/a
TX Loadrunners |
d/b/a
TX Loadrunners |
12929
Chittamwood Trail |
11016
S Pipeline Rd |
Euless,
TX 76040 |
Euless,
TX 76040 |
6. Respondent’s semi-truck crashed the
evening of June 11, 2018 at Exit 149A on I-70 in Richmond, Wayne County,
Indiana. IDEM received prompt notice from the county EMA Director, and a spill
contractor was onsite within a few hours. This IDEM response is referred to as
incident #81570.
7. During an investigation on June 12, 2018
conducted by a representative of IDEM, the following violations were found:
a. Pursuant to 327 Indiana Administrative
Code (“IAC”) 2-1-6(a)(1), all surface 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
that do any of the following:
(A)
will settle to form putrescent or otherwise
objectionable deposits;
(B)
are in amounts sufficient to be unsightly or
deleterious;
(C)
produce color, visible oil sheen, odor, or
other conditions in such degree as to create a nuisance;
(D)
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 otherwise impair the designated
uses; and
(E)
are in amounts sufficient to be acutely
toxic to, or to otherwise severely injure or kill aquatic life, other animals,
plants, or humans.
As noted during the investigation on
June 12, 2018, Respondent allowed approximately 1,000 gallons of Texapon ALS
Benz to spill into Clear Creek, a water of the state, that was in an amount
sufficient to be unsightly or deleterious, that produced color, odor, or other
conditions in such a degree to create a nuisance, and/or which was in amounts
to be acutely toxic to, or otherwise severely injure or kill aquatic life, or
other animals, plants, or humans. The
origin of the spill was Respondent’s overturned semi-truck the evening of June
11, 2018. The next morning there was significant foaming in the highway
drainage and into Clear Creek, a water of the state, resulting in a major fish
kill.
b. Pursuant to Indiana Code (“IC”)
13-18-4-5(a), a person may not throw, run, drain, or otherwise dispose into any
waters, any organic or inorganic matter that causes or contributes to a
polluted condition of any waters of Indiana, as determined by 327 IAC 2, a rule
of the board adopted under IC 13-18-4-1 and IC 13-18-4-3.
As noted during the investigation on
June 12, 2018, Respondent’s overturned semi-truck spilled approximately 1,000
gallons of Texapon ALS Benz into a highway drainage and subsequently into approximately
four (4) miles of Clear Creek, a water of the state, resulting in a major fish
kill.
8. 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 Complainant or Complainant’s
delegate, and has been received by Respondent. This Agreed Order shall have no
force or effect until the Effective Date.
2.
Respondent shall comply with the statute, and rule
listed in the findings above.
3.
Respondent is assessed and agrees to pay a
civil penalty of seven thousand five hundred dollars ($7,500). Said penalty amount shall be due and
payable to the Environmental Management Special Fund in four (4) installments.
The first installment of one thousand eight hundred seventy five dollars
($1,875) shall be paid within thirty (30) days of the Effective Date; the 30th
day being the “Due Date”. Subsequent installments of one thousand eight hundred
seventy five dollars ($1,875) shall be paid within one hundred twenty (120)
days of the Effective Date, two hundred ten (210) days of the Effective Date,
and three hundred sixty-five (365) days of the Effective Date.
4.
Civil and stipulated penalties are payable by
check to the “Environmental Management Special Fund.” Checks shall include the
Case Number of this action and shall be mailed to:
Indiana
Department of Environmental Management |
Office
of Legal Counsel |
IGCN,
Room N1307 |
100
North Senate Avenue |
Indianapolis, IN 46204 |
5.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date
until the date that Respondent pays any unpaid balance. Such interest shall be
payable to the Environmental Management Special Fund, and shall be payable to
IDEM in the manner specified in Paragraph 4, above.
6.
This Agreed Order shall apply to and be binding
upon Respondent and its successors and assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or
partnership status of Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
7.
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 this Agreed Order did not
contain the invalid terms.
8.
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.
9.
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 Respondent
pursuant to this Agreed Order, shall not in any way relieve Respondent of its
obligation to comply with the requirements of its applicable permits or any
applicable Federal or State law or regulation.
10.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, 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 Respondent may incur as a result of Respondent’s efforts to comply
with this Agreed Order.
11.
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, and
hereby waives its right to, seek additional civil penalties for the same violations
specified in the NOV.
12.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the 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 Respondent may incur as a result of
such communications with EPA or any other agency or entity.
13.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
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By: _________________________ |
By:
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Nancy
Johnston, Section Chief |
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Enforcement
Section |
Printed: ______________________ |
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Office of
Land Quality |
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Title: ________________________ |
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Date: __________________ |
Date: _______________________ |
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COUNSEL FOR RESPONDENT: |
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By: ________________________ |
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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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For the
Commissioner: |
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3/14/19___________________ |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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