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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
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Complainant, |
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v. |
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Case No. 2018-25722-S |
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REPUBLIC SERVICES OF |
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INDIANA, Limited Partnership, |
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Respondent. |
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AGREED ORDER
Complainant
and 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. 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 Republic Services of Indiana, Limited
Partnership (“Respondent”), which owns/operates Sycamore Ridge Landfill with
Solid Waste Land Disposal Facility Permit (“FP”) 84-06 located at 5621 Cottom Drive in Pimento, Vigo County, Indiana (the “Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via Certified Mail to:
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C
T Corporation System, Registered Agent |
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Republic
Services of Indiana, Limited Partnership |
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150
West Market Street, Suite 800 |
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Indianapolis,
Indiana 46204 |
5.
During an investigation including an inspection
on August 6, 2018, conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant to 329 Indiana Administrative Code
(“IAC”) 10-13-4(c), the permittee shall construct and operate a solid waste
land disposal facility in accordance with the permit. The owner, operator, and permittee are
equally responsible for complying with conditions of the permit, the
regulations, and the statutes.
As noted
during the inspection, Respondent failed to operate the solid waste land
disposal facility in accordance with FP 84-06.
Respondent failed to implement the facility’s Leachate Contingency Plan,
dated June 2, 2001, and failed to submit to IDEM a Leachate and Recirculation
Report on or before March 1, 2018, for the leachate generated the previous
year.
b. Pursuant to 329 IAC 10-20-20(b), the
owner, operator or permittee shall; (2) monitor and maintain the leachate
collection or leachate removal systems as required in the leachate contingency
plan required under 329 IAC 10-15-11(4) or subsection (a), if the leachate
collection or leachate removal system is not operational or leachate levels are
exceeded.
As noted
during the inspection, Respondent failed to meet the Leachate Contingency Plan
requirements. Respondent’s Leachate
Contingency Plan states “Within 60 days of the exceedance, the landfill will
implement a remediation plan for the exceedances, place a copy of the plan in
the operating record and notify IDEM that the plan has been implemented.” IDEM was notified of the leachate exceedances
and leachate management problems on July 9, 2018; however, the exceedances were
found by Respondent during the summer of 2017.
6. Respondent submitted to IDEM a Leachate
and Recirculation Report on September 24, 2018.
7. 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 329 IAC 10-13-4(c)
and 329 IAC 10-20-20(b).
3.
Immediately upon the Effective Date, Respondent
shall comply with 329 IAC 10-13-4(c) and operate the solid waste land disposal
facility in accordance with FP 84-06.
4.
Immediately upon the Effective Date, Respondent
shall comply with 329 IAC 10-20-20(b).
Specifically, Respondent shall, monitor and maintain the leachate
collection or leachate removal systems as required in the leachate contingency
plan required under 329 IAC 10-15-11(4) or subsection (a), if the leachate
collection or leachate removal system is not operational or leachate levels are
exceeded.
5. Respondent is assessed and agrees to pay
a civil penalty of Nine Thousand and Five Hundred Dollars ($9,500). Within thirty (30) days of the Effective Date
of the Agreed Order, Respondent shall pay a portion of this penalty in the
amount of One Thousand Nine Hundred Dollars ($1,900). Said penalty amount shall be due and payable
to the Environmental Management Special Fund. In lieu of payment of the
remaining civil penalty, Respondent shall perform and complete a Supplemental
Environmental Project (“SEP”).
Respondent estimates that this SEP will cost Twenty-One Thousand Five
Hundred and Eighty Dollars ($21,580).
Within thirty (30) days of completing this SEP, Respondent shall submit
written notice and documentation to IDEM which substantiates all actions taken
and costs incurred with respect to the SEP.
In the event that the cost of the SEP is less than Fifteen Thousand Two
Hundred Dollars ($15,200), Respondent shall pay the difference between the proposed cost of the SEP ($21,580) and the actual cost of the SEP.
As a Supplemental Environmental Project,
Respondent shall spend a minimum of Fifteen Thousand and Two Hundred Dollars
($15,200) towards the remediation of improperly disposed regulated solid
waste. Remediation includes, but is not
limited to the proper disposal of municipal solid waste. Respondent shall remove and properly dispose
of municipal solid waste by no later than ninety (90) days of the Effective
Date of this Agreed Order. Implementation
of this SEP will result in the proper disposal of regulated solid waste.
6. In the event that Respondent does not
complete the SEP by one hundred and twenty (120) days of the Effective Date of
this Agreed Order, the full amount of the civil penalty as stated in paragraph (5)
above, plus interest established by IC 24-4.6-1-101 on the remaining amount,
less the portion of the civil penalty Respondent has already paid, will be due
within fifteen (15) days from Respondent's receipt of IDEM’s notice to pay. Interest, at the rate established by IC
24-4.6-1-101, shall be calculated on the amount due from the date which is
thirty (30) days after the Effective Date of this Agreed Order until the full
civil penalty is paid.
7. All submittals required by this Agreed
Order, unless Respondents are notified otherwise in writing by IDEM, shall be
sent to:
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Janet Arnold, Technical Environmental
Specialist |
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Office of Land Quality |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
8. In the event the terms and conditions of
the following paragraphs are violated, Complainant may assess and Respondent
shall pay a stipulated penalty in the following amount:
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Paragraph |
Penalty |
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Order
paragraph #3 |
$100 per
occurrence |
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Order
Paragraph #4 |
$100 per
occurrence |
9. Stipulated penalties shall be due and
payable no later than the 30th day after Respondent receives written
notice that Complainant has determined a stipulated penalty is due; the 30th
day being the “Due Date”. Complainant may notify Respondent at any time that a
stipulated penalty is due. Failure to
notify Respondent in writing in a timely manner of stipulated penalty
assessment shall not waive Complainant’s right to collect such stipulated penalty
or preclude Complainant from seeking additional relief against Respondent for violation
of this Agreed Order. Neither assessment nor payment of stipulated penalties
shall preclude Complainant from seeking additional relief against Respondent
for a violation of this Agreed Order; such additional relief includes any
remedies or sanctions available pursuant to Indiana law, including, but not
limited to, civil penalties pursuant to IC 13-30-4.
10. 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:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis, IN 46204 |
11. 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 10, above.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. This Agreed Order shall remain in effect
until Respondent complies with Order Paragraphs 3, 4, 5, 6, 7 and Order
Paragraph 8 if stipulated penalties are assessed. IDEM issues a Resolution of Case letter to
Respondent thereafter.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
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By: _________________________ |
By:
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Linda L.
McClure, Chief |
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Land Enforcement
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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
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For the
Commissioner: |
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Signed
August 6, 2019 |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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