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Waste Management Profile Reference


Indiana Department of Environmental Management
For Immediate Release Contact: Jo Lynn Ewing
June 13, 1997 (317) 232-8560


The Indiana Department of Environmental Management today used the state's 'Good Character' law for the first time, to block expansion of a hazardous waste landfill in Fort Wayne.

IDEM Commissioner Michael O'Connor denied the application of Chemical Waste Management, LLC that sought to increase the capacity of the Adams Center Hazardous Waste Abatement and Disposal Facility. O'Connor found the company has a continuing business relationship with Chemical Waste Management Inc., a Delaware corporation with a history of environmental violations.

"Indiana's Good Character law allows IDEM to effectively deny a permit application if the applicant has not demonstrated good environmental stewardship," O'Connor said. "With Chem Waste's poor environmental track, I could not approve their expansion request."

Among those violations in the five years preceding the application are.

The following complaints were brought prior to the relevant period, but the penalty of more than $10,000 was paid between September 27, 1991, and September 27, 1996:

Chemical Waste Management of Indiana represented in its application that as of December, 1995 it no longer was associated with its former parent company, Chem Waste. However, the IDEM commissioner learned that a subsidiary of Chem Waste, an Indiana corporation called TC, Inc. owns land adjacent to the Facility and provides clay necessary for the daily operations of the Adams Center landfill. TC, Inc. and Chemical Waste Management of Indiana share many of the same corporate officers. Other facts led the commissioner to conclude a continuing business relationship, such as the check for the $34,000 application fee being drawn on the account of Chemical Waste Management of Indiana, Inc., a corporate entity that allegedly went out of existence prior to the application.

The "Good Character" law was enacted in 1990 and withstood a constitutional challenge by Chem Waste before the Indiana Supreme Court in 1994.