Respondent
Name: Sara Cochran
Case Number: 2019-26282-A
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
2.
Respondent
is Sara Cochran (“Respondent”), who owns a property, located at 818 E. County Line Road in Underwood, Clark County,
Indiana (“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:
Sara Cochran,
Owner |
818 E. County
Line Road |
Underwood, IN
47177 |
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 unless exempted by rule, or approval is obtained.
On May 13, 2019,
Respondent burned televisions,
rubber tires, and other items for disposal purposes at the Site, in violation
of 326 IAC 4-1.
6.
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 adopted via signature
by Complainant or Complainant’s delegate, and the adopted Agreed Order has been
received by Respondent. 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.
Respondent
is assessed a civil penalty of Five Hundred Dollars ($500.00). Respondent 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, Respondent 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
Accounts Receivable |
IGCN,
Rm 1340 |
100
N Senate Ave |
Indianapolis,
IN 46204 |
5.
This
Agreed Order shall apply to and be binding upon Respondent and her 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 her 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 Respondent
pursuant to this Agreed Order, shall not in any way relieve Respondent of her obligation
to comply with the requirements of her 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 Respondent 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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Sara Cochran |
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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 July 31, 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 Respondent does 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.