STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2018-25842-S
					)
R & A PLASTICS, INC.					)
FRANKFORT PLASTICS, INC.					)
CHERUKURI, INC.,					)
					)
Respondents.					)

AGREED ORDER

Complainant and Respondents 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. Respondents’ entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondents 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. Respondents are R & A Plastic, Inc., Frankfort Plastics, Inc. and Cherukuri, Inc. (“Respondents”). Respondent Frankfort Plastics, Inc. operates a plastic processing business at the Site. Respondent Cherukuri, Inc. is the property owner leasing the facility to Franklin Plastics, Inc. Respondent Cherukuri, Inc. owns the property located at 2021 West County Road 0 N/S in Frankfort, Clinton County, Indiana (“Site”). According to the Clinton County Real Property Maintenance Report, Property Number 12-10-08-200-005.000-021, located at 2021 West County Road 0 N/S in Frankfort, Clinton County belongs to Cherukuri, Inc.

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:

R & A Plastics, Inc., Property Owner	Richard A. Brittain, Registered Agent
4124 Spinel Street	R & A Plastics, Inc.
Lafayette, IN 47909	4124 Spinel Street
	Lafayette, IN 47909
Sasi Noothalapati, Operator	Sasi Noothalapati, Registered Agent
Frankfort Plastics, Inc.	Frankfort Plastics, Inc.
2021 West County Road 0 N/S	2021 West County Road 0 N/S
Frankfort, Indiana 46041	Frankfort, Indiana 46041
Cherukuri, Inc., Caretaker	Rajani Cherukuri, Registered Agent
10500 Jaywick Drive	10500 Jaywick Drive
Fishers, IN 46037	Fishers, IN 46037

5. During an investigation including an inspection on August 21, 2018 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“IAC”) 10-4-4(a), the owner of real estate upon which an open dump is located is responsible for the following:

(1) Correcting and controlling any nuisance conditions that occur as a result of the open dump. Correction and control of nuisance conditions must include:

(A) removal of all solid waste from the area of the open dump and disposal of such wastes in a solid waste land disposal facility permitted to accept the waste; or

(B) other methods as approved by the commissioner.

(2) Eliminating any threat to human health or the environment.

As noted during the investigation, Respondent R & A Plastics, Inc. owns the real estate upon which solid waste is located, and has not complied with 329 IAC 10-4-4(a).

b. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspection, Respondents caused and/or allowed solid waste, including, but not limited to plastic materials and miscellaneous solid waste, to be disposed at the Site in a manner which creates a threat to human health or the environment. On August 17, 2018 IDEM’s Emergency Response team was called to the Site in response to a fire outbreak.

c. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited.

As noted during the inspection, Respondents caused and/or allowed plastic materials and miscellaneous solid waste to be open dumped at the Site.

d. Pursuant to Indiana Code (“IC”) 13-30-2-1(4), no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

As noted during the inspection, Respondents deposited or caused and/or allowed the deposit of solid waste, including, but not limited to plastic materials and miscellaneous solid waste, in a method which has not been determined by the board to be acceptable.

e. Pursuant to IC 13-30-2-1(5), no person shall dump or cause or allow the open dumping of garbage or any other solid waste in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.

As noted during the inspection, Respondents dumped or caused and/or allowed the open dumping of plastics materials and miscellaneous solid waste.

6. Based on an inspection conducted on September 5, 2019, IDEM has determined that Respondents have cleaned up the open dumping. Respondents submitted documentation showing that the solid waste removed from the Site was properly disposed of at a Solid Waste Management Facility.

7. In recognition of the settlement reached, Respondents waive 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 Respondents. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondents shall comply with the statutes and rules listed in the findings above.

3. Respondents shall ensure that plastic materials and miscellaneous solid waste are not accumulated at the Site in a manner that will constitute an open dump.

4. This Agreed Order shall jointly and severally apply to and be binding upon Respondents and their successors and assigns. Respondents’ 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 Respondents shall in any way alter their status or responsibilities under this Agreed Order.

5. 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.

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

7. 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 Respondents pursuant to this Agreed Order, shall not in any way relieve Respondents of their obligation to comply with the requirements of their applicable permits or any applicable Federal or State law or regulation.

8. Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondents’ 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 Respondents may incur as a result of Respondents’ efforts to comply with this Agreed Order.

9. 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.

10. 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.

11. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: _________________________				By: _________________________
	Linda L. McClure, Chief
	Land Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: _______________________
				COUNSEL FOR RESPONDENTS:
				By: ________________________
				Printed: ______________________
				Title: ______________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		______	DAY OF	________________________, 20_____.
				For the Commissioner:
				Signed on January 10, 2020
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality