STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)CAUSE NO. H-13795 or 1999-8422-H
v. )
)
SM&P UTILITY RESOURCES, INC. )
)
Respondent. )
The Complainant and the 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 this agreement does not
constitute an admission of any violation contained herein.
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of
the Indiana Department of Environmental Management, a department of the State
of Indiana created by IC 13-13-1-1.
2. Respondent is SM&P Utility Resources, Inc., (hereinafter referred to as
"Respondent"), which is a company doing business at 518 Herriman Court,
located in Noblesville, Hamilton County, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has
jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail
to:
Mr. Dennis Norman, Vice President Mr. John M. Davis, Resident Agent
SM&P Utility Resources, Inc. 1220 Waterway Blvd.
11455 N. Meridian St. Ste.200 Indianapolis, Indiana 46202
Carmel, Indiana 46032
5. On May 26, 1999, representatives of the Office of Land Quality (OLQ) of IDEM,
conducted a Complaint Inspection of the facility. IDEM contends that the
following violations were in existence or observed at the time of the inspection:
a. Pursuant to 40 CFR 262.11 and 40 CFR 268.7(a), a generator of solid
waste must determine if that waste is hazardous and if the waste has to be
treated before being land disposed. Based on information gathered by
IDEM, Respondent did not make a proper hazardous waste determination
on its discarded aerosol paint cans.
b. Pursuant to 40 CFR 262.12(c), a generator must not offer hazardous waste
to transporters or to treatment, storage, or disposal facilities that have not
received an EPA identification number. Based on information gathered by
IDEM, Respondent utilized a transporter and a disposal facility, neither of
which had an EPA ID number or a hazardous waste permit.
c. Pursuant to 329 IAC 3.1-7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12), a
generator who transports or offers for transportation, hazardous waste for
off-site treatment, storage, or disposal, must prepare a manifest. Based on
information gathered by IDEM, Respondent sent hazardous waste off-site
without a manifest.
d. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator,
transporter, or owner or operator of a hazardous waste facility, must notify
the Commissioner of its hazardous waste activity on the approved forms.
Based on information gathered by IDEM, Respondent failed to notify the
Commissioner of generator activities.
e. A generator who generates greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month may accumulate
hazardous waste on-site for 180 days or less without a permit provided that
the generator complies with 40 CFR 262.34(d)(1 thru 5). Based on
information gathered by IDEM, Respondent was determined to be a small
quantity generator of hazardous waste at the time of inspection and failed
to comply with the requirements of 40 CFR 262.34(d)(1 thru 5).
6. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the
Complainant or her delegate, and has been received by the Respondent. This
Agreed Order shall have no force or effect until the Effective Date.
2. Within thirty (30) days of the Effective Date of the Order, Respondent shall
complete a proper waste determination on used aerosol cans disposed at the
facility pursuant to 40 CFR 262.11 and 40 CFR 268.7(a).
3. Respondent shall review its current generator status and notify the commissioner
of any changes pursuant to 329 IAC 3.1-1-10.
4. Respondent shall not offer hazardous waste to transporters or to treatment,
storage, or disposal facilities that have not received an EPA ID number pursuant
to 40 CFR 262.12(c).
5. Respondent shall not offer its hazardous waste for transport without a manifest
pursuant to 329 IAC 3.1-7-3(a), 329 IAC 3.1-7-4, and IC 13-30-2-1(12).
6. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Richard R. Milton, Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
7. Respondent is assessed a civil penalty of $22,500. Within thirty (30) days of the Effective Date of the Agreed Order, the Respondent shall pay a cash penalty of $4,500. The payment shall be submitted to the Environmental Management Special Fund, as directed by paragraph 8. In lieu of payment of the remaining civil penalty, the Respondent shall perform and complete the Supplemental Environmental Project (SEP), as described in Exhibit "A". Exhibit "A" is hereby incorporated by reference and made part of this Agreed Order. The total funds
expended in the SEP shall exceed $36,000. The SEP shall be completed within
one (1) year of the Effective Date of the Agreed Order. Respondent shall also
submit at that time, a status report of the SEP including dates when the SEP was
implemented at the various facilities and final project costs. If the SEP is not
completed in accordance with this agreement and within the specified time period,
the Respondent agrees to pay the remaining civil penalty, plus interest at the rate
established by IC 24-4.6-1-101, to the Environmental Management Special Fund.
Payment of the remaining civil penalty shall be submitted within fifteen (15) days
from receipt of a notice to pay from IDEM. Interest on the remaining civil penalty
shall be paid from the Effective Date of the Agreed Order.
8. Civil penalties are payable by check to the Environmental Management Special
Fund. Checks shall include the Cause Number of this action and shall be mailed
to:
Cashier
IDEM
100 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46207-7060
9. In the event that the civil penalty required by paragraph 7 is not paid within thirty
(30) days of the Effective Date of this Agreed Order, Respondent shall pay
interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The
interest shall continue to accrue until the civil penalty is paid in full.
10. This Agreed Order shall apply to and be binding upon the Respondent, its officers,
directors, principals, agents, successors, subsidiaries, and assigns. The
Respondent's signatories to this Agreed Order certify that they are fully authorized
to execute this document and legally bind the parties they represent. No change in
ownership, corporate, or partnership status of the Respondent shall in any way
alter its status or responsibilities under this Agreed Order.
11. 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 the Agreed Order did not contain the invalid terms.
12. The 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.
13. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause
letter to Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Nancy L. Johnston, Chief
Hazardous Waste Section Printed:________________________
Office of Enforcement
Title:__________________________
Date:_________________________ Date:__________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:___________________________ By:____________________________
Office of Legal Counsel
Date:__________________________ Date:___________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS __20________ DAY OF __June__________, 2000.
For the Commissioner:
signed 6/20
_________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven