STATE OF INDIANA	)	SS:	BEFORE THE INDIANA DEPARTMENT OF
	)		ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION	)
COMMISSIONER OF THE DEPARTMENT				)
OF ENVIRONMENTAL MANAGEMENT,				)
				)
Complainant,				)
				)
v.				)	Case No. 2016-23940-W
				)
Gilchrist & Soames, Inc.,				)
				)
Respondent.				)

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 Indiana Code (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 IC 13-13-1-1.

2. Respondent is Gilchrist & Soames, Inc. (Respondent), which owns and operates an industrial facility used to manufacture toiletry products, located at 2425 East Perry Road, in Plainfield, Hendricks County, Indiana (the Site).

3. Respondent is authorized by Industrial Wastewater Pretreatment (IWP) Permit Number INP000625 (the Permit) to discharge process wastewater from the Site into Plainfield South Publicly Owned Treatment Works (POTW) via Outfall 001, in accordance with the terms and conditions of the IWP Permit.

4. IDEM has jurisdiction over the parties and the subject matter of this action pursuant to IC 13-30-3.

5. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified Mail to Gilchrist & Soames, Inc.

6. During an investigation conducted by a representative of IDEM, violations were found, as described below.

7. Pursuant to 327 Indiana Administrative Code (IAC) 5-2-8(1), and Part II.A.1 of the Permit, Respondent is required to comply with all terms and conditions of the Permit.

Pursuant to 327 IAC 5-2-15(a) and Part I.C.2 of the Permit, the Respondent shall submit monitoring reports to IDEM containing results obtained during the previous month and shall be postmarked no later than the 28th day of the month following each completed monitoring period. These reports shall include the Discharge Monitoring Reports (DMRs) and the Monthly Monitoring Reports (MMRs).

IDEM records indicate that Respondent did not submit DMRs and MMRs within the required time period for the months of November 2013; January, February, March, April, May, June, July, August, September, October, November, and December 2014; January, February, July, August, and September 2015; and January, February, and March 2016 for Outfall 001.

Respondent failed to comply with the reporting requirements contained in the Permit, in violation of 327 IAC 5-2-15(a), Part I.C.2 of the Permit, 327 IAC 5-2-8(1), and Part II.A.1 of the Permit.

8. On November 10, 2015, IDEM issued a violation letter to Respondent for failing to submit the required DMRs and MMRs. The letter outlined actions necessary to achieve compliance. In addition to the violation letter, IDEM representatives have been in regular communication with Respondent regarding their failure to submit the required documents. Following IDEM’s notifications, Respondent submitted all DMRs and MMRs referenced in Paragraph 7 above; however they were not submitted within the required time period.

9. 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 by Complainant or Complainant’s delegate (as evidenced by signature), and the adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date. In addition to addressing the violations cited in Paragraph 7 of the Findings of Fact above, this Agreed Order also addresses any additional violations of these same rules that may have occurred subsequent to the issuance of the NOV and prior to the Effective Date.

2. Respondent shall comply with rules and permit conditions listed in the findings above at issue.

3. Beginning on the Effective Date, Respondent agrees to submit all monthly monitoring reports to IDEM by the 28^th day of the month following each completed monitoring period.

4. Within 60 days of the Effective Date, Respondent agrees to submit DMRs and MMRs electronically via NetDMR, by the 28^th day of the month following the monitoring period. NetDMR is a free web-based tool that allows NPDES permittees to electronically sign and submit DMRs to IDEM. NetDMR instructions are located at http://in.gov/idem/cleanwater/2422.htm and included as Attachment A.

5. Beginning within 60 days of the Effective Date, Respondent shall demonstrate six consecutive months of compliance (Compliance Demonstration) with all terms and conditions of the Permit. Specifically, Respondent shall demonstrate compliance with all monitoring and reporting requirements contained in the Permit. During the Compliance Demonstration Period, Respondent shall be subject to stipulated penalties, as specified below, for violations noted therein. In the event that Respondent fails to make the Compliance Demonstration, Respondent shall, within sixty days of becoming aware that the Compliance Demonstration cannot be achieved, develop and submit to IDEM, for approval, an Additional Action Plan which identifies the additional actions that Respondent will take to achieve and maintain compliance with the Permit. The Additional Action Plan, if required, shall include an implementation and completion schedule, including specific milestone dates.

6. The Additional Action Plan, if required, is subject to IDEM approval. In the event IDEM determines that any plan submitted by Respondent is deficient or otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM in accordance with IDEM’s notice. After three submissions of such plan by Respondent, IDEM may seek civil enforcement of this Order.

Respondent, upon receipt of written notification from IDEM, shall immediately implement the approved plan and adhere to the milestone dates therein. The approved Additional Action Plan shall be incorporated into the Agreed Order and shall be deemed an enforceable part thereof. Failure by Respondent to submit any plan by the specified date or to meet any of the milestones in the approved plan will subject Respondent to stipulated penalties as described below. Failure to achieve compliance at the conclusion of work under the Additional Action Plan will subject Respondent to additional enforcement action. Respondent shall submit to IDEM a written report of progress or completion for each milestone date included in the Additional Action Plan.

7. All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Edward Judson, Enforcement Case Manager

Office of Water Quality – IGCN 1255

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

8. Respondent is assessed and agrees to pay a civil penalty of Seven Thousand Two Hundred Dollars ($7,200). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date; the 30^th day being a “Due Date.”

9. In the event the terms and conditions of the following paragraphs are violated, IDEM may assess and Respondent shall pay the corresponding stipulated penalty:

Paragraph	Violation	Stipulated Penalty
3	Failure to submit monthly monitoring reports by the 28^th day of the month following each completed monitoring schedule.	$250 per week late, or part thereof.
4	Failure to submit DMRs and MMRs electronically via NetDMR within the given time period.	$250 per week late, or part thereof.
5, 6	Failure to submit or modify the Additional Action Plan, if required, within the given time period, OR adhere to the milestone dates therein.	$250 per week late, or part thereof.
5	For violations of monitoring and reporting requirements contained in the Permit during the Compliance Demonstration period.	$250 per violation.

10. Stipulated penalties shall be due and payable no later than the 30^th day after Respondent receives written notice that IDEM has determined a stipulated penalty is due, the 30^th day being a “Due Date.” IDEM may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a timely manner of a stipulated penalty assessment shall not waive IDEM’s right to collect such stipulated penalty or preclude IDEM from seeking additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude IDEM 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.

11. Civil and stipulated penalties are payable by check to the “Environmental Management Special Fund.” Checks shall include the Case Number 2016-23940-W of this action and shall be mailed to:

Office of Legal Counsel

Indiana Department of Environmental Management

IGCN, Rm N1307

100 North Senate Avenue

Indianapolis, IN 46204

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 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 and any accrued interest 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. The interest shall continue to accrue on the first of each month until the civil penalty and any interest accrued are paid in full. Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified above.

14. 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.

15. 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.

16. 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 permit or any applicable Federal or State law or regulation.

17. 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.

18. 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.

19. 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 EPA or any other agency or entity.

20. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order and IDEM issues a Resolution of Case (close out) letter to Respondent.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

TECHNICAL RECOMMENDATION:	RESPONDENT:
Department of Environmental Management	Gilchrist & Soames, Inc.
By:__________________________	By:________________________
Dave Tennis, Chief
Water Enforcement Section	Printed:______________________
Surface Water, Operations &
Enforcement Branch
Office of Water Quality	Title:________________________
Date:________________________	Date:________________________
	COUNSEL FOR RESPONDENT:
	By:_________________________
	Date:_______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS ______ DAY OF ________________________, 20___.
	For the Commissioner:
	Signed on November 23, 2016
	Martha Clark Mettler
	Assistant Commissioner
	Office of Water Quality