Respondent
Names: Scott Jenkins and Christina Arvin
Case
Number: 2019-26259-A
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 Scott Jenkins and Christina
Arvin (“Respondents”), who own the property located at 475 E 425 N in Frankfort,
Clinton County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
Scott
Jenkins and Christina Arvin |
P.O.
Box 17 |
Russiaville,
IN 46979 |
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via certified mail to:
5.
Based on IDEM’s review, the following violation
was in existence or identified by a representative of IDEM’s Office of Air
Quality (“OAQ”).
a.
Pursuant to 326 IAC 4-1, open burning is
prohibited except as allowed by the rule.
Debris from a demolished house, including asphalt shingles, vinyl siding, and
plastics was burned on Respondents’ property on May 28, 2019, in violation of 326
IAC 4-1.
6.
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 adopted via signature by Complainant or
Complainant’s delegate, and the adopted Agreed Order has been received by
Respondents. This Agreed Order shall
have no force or effect until the Effective Date. This offer to settle the allegations
contained in this Agreed Order does not bind or obligate the parties of this
enforcement action if the Agreed Order is not adopted.
2.
Respondents are assessed a civil penalty of
Five Hundred Dollars ($500.00).
Respondents shall pay said penalty amount no later than fifteen (15) days
after the Effective Date (“Due Date”). In
the event that the civil penalty is not paid by the Due Date, Respondents shall
pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.
3.
In the event the terms and conditions of this
Agreed Order are violated, Complainant may seek additional relief.
4.
Civil 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:
IDEM
Office of Legal Counsel |
IGCN,
Rm N1307 |
100
N Senate Ave |
Indianapolis,
IN 46204 |
5.
This Agreed Order shall 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 Respondent shall in any way
alter their status or responsibilities under this Agreed Order.
6.
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.
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 permit 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 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.
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 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 Respondents may incur as a result of such communications
with the EPA or any other agency or entity.
11.
The parties were free to consult with their
respective counsel regarding entry into this Agreed Order to the extent each
deemed necessary.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT:* |
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Department
of Environmental Management |
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Scott Jenkins |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
Section |
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Title: |
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Office
of Air Quality |
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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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2019. |
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For
the Commissioner: |
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Signed
on June 28, 2019 |
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Matthew Stuckey, Deputy Assistant
Commissioner |
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Office
of Air Quality |
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_____________________
* In the event
that Respondents do not accept the settlement offer contained in this Agreed
Order, IDEM notes that this document is a qualified offer of settlement, and
therefore Rule 408 of Indiana Rules of Evidence applies to this document,
rendering it inadmissible.