STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. TATE & LYLE
INGREDIENTS AMERICAS, INC., 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 November 13, 2008 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, the following violations were found:
Pursuant
to Condition D.3.1(d)(2) of Part 70 Operating Permit No. 157-6009-00003 as
modified by Significant Permit Modification No. 157-23285-00003 (“Part 70
Permit”) and 326 IAC 2-2, volatile organic compound (“VOC”) emissions from the
Feedhouse Dryer Unit Nos. 21D301, 21D401, 48D101 and 21D501 controlled by
thermal oxidizers shall have an outlet concentration of less than 10 parts per
million by volume - wet (“ppmvw”) and not exceed 3.16 pounds per hour
(“lbs/hr”) when the inlet VOC rate to the scrubber is 100 lbs/hr or less.
On
January 10, 2008, compliance stack testing conducted on the Feedhouse Dryer
Unit Nos. 21D301, 21D401, 48D101 and 21D501 indicated an outlet VOC
concentration of 15 ppmvw and a VOC emission rate of 3.48 lbs/hr, in violation
of Condition D.3.1(d)(2) of the Part 70 Permit and 326 IAC 2-2.
6.
Between December
2007 and February 2008 Respondent made process and operational changes to
optimize steeping temperatures and reduce the levels of Ethanol byproduct
produced.
7.
On March 26,
2008, Respondent conducted compliance stack testing on the Feedhouse Dryer Unit
Nos. 21D301, 21D401, 48D101 and 21D501 which indicated compliance with the VOC
emission limits in Condition D.3.1(d)(2) of the Part 70 Permit.
8.
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 Condition D.3.1(d)(2) of the Part 70 Permit.
3.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
Janusz
Johnson, Compliance and Enforcement Manager |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
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4.
Respondent is
assessed a civil penalty of Five Thousand dollars ($5,000). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within forty five (45) days of the
Effective Date. In the event that the
civil penalty is not paid within forty five (45) 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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By: |
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By: |
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Roger Letterman, Chief |
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Printed: |
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Compliance and Enforcement Section 3 |
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Title: |
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Office of Air Quality |
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Date: |
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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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Date: |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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OF |
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, 2009. |
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For the Commissioner: |
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Signed on August 6, 2009 |
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Daniel Murray |
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Assistant Commissioner |
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Office of Air Quality |
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