STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. TATE & LYLE
INGREDIENTS Respondent. |
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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 Tate & Lyle Ingredients
Americas, Inc. (“Respondent”), which
owns and operates the wet corn milling facility with Plant I.D. No. 157-00003
(formerly known as A.E. Staley Manufacturing Company – Sagamore Plant) located
at 2245 North Sagamore Parkway in Lafayette, Tippecanoe 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) on June 18, 2007 via
Certified Mail to:
David Lynn Grider, President |
CT Corporation System, Registered Agent |
Tate & Lyle Ingredients Americas, Inc. |
for Tate & Lyle Ingredients Americas, Inc. |
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5.
During an investigation
conducted by a representative of IDEM after a disclosure by Respondent, the
following violations were found:
Pursuant
to State Operating Permit No. 79-08-89-0371 issued on March 31, 1986, (“State Permit”)
and Condition D.10.1 of the Part 70 Operating Permit No.157-6009-00003 (“Title
V Permit”), the total quantity of biogas from the Wastewater Treatment Anaerobic
Digester combusted shall not result in SO2 (sulfur dioxide) emissions greater
than or equal to 40 tons per year.
Compliance with the limit renders the requirements of 326 IAC 2-2
(Prevention of Significant Deterioration) not applicable.
Respondent
exceeded the 40 ton per year SO2 emission limit in calendar years 1997, 1998,
2000, 2001, 2002, 2003 and 2004, in violation of the State Permit, Condition
D.10.1 of the Title V Permit, and 326 IAC 2-2.
6.
Respondent
modified the biogas scrubber to improve hydrogen sulfide removal and reduce
sulfur dioxide emissions on July 16 and 19, 2004, and increased the pH by
addition of caustic soda.
7.
Respondent and
representatives of IDEM met in September, 2004 regarding the disclosure. Respondent responded to IDEM’s information
request in October, 2004 and provided a draft proposed agreed order to IDEM to
resolve the alleged violations in October, 2006.
8.
Respondent received
a Best Available Control Technology (“BACT”) determination pursuant to 326 IAC
2-2-3 for the Wastewater Treatment Anaerobic Digester biogas combustion
emissions in Significant Permit Modification No. 157-20671-00003, issued November
1, 2005.
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 approved by Complainant
or Complainant’s delegate, and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall
comply with the requirements of the Title V Permit as modified by Significant
Permit Modification No. 157-23285-00003.
3.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
Janusz
Johnson, Enforcement Case Manager |
Office
of Enforcement – Mail Code 60-02 |
Indiana
Department of Environmental Management |
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4.
Respondent is
assessed a civil penalty of One Hundred Ninety Thousand Six Hundred Thirty
dollars ($190,630). Said penalty amount
shall be due and payable to the Environmental Management Special Fund within thirty
(30) days of the Effective Date. In the
event that the civil penalty is not paid within thirty (30) days of the
Effective Date, 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.
5.
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:
Indiana
Department of Environmental Management |
Cashier
– Mail Code 50-10C |
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6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
Nothing in this
Agreed Order shall prevent IDEM from communicating with the 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.
13.
This Agreed
Order shall remain in effect until Respondent complies with the terms of Order
Paragraph No. 4. IDEM will issue a
Resolution of Case letter to Respondent thereafter.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Tate & Lyle Ingredients Americas,
Inc. |
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Craig Henry, Chief |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental Management |
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By: |
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By: |
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Deputy Attorney General |
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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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, 2008. |
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For the Commissioner: |
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Signed on July 25, 2008 |
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Robert B. Keene |
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Assistant Commissioner |
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Office of Legal Counsel and Enforcement |
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