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
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”) via Certified Mail to:
Matthew D. Wineinger |
CT Corporation System |
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.6.1(a) of Part 70 Operating
Permit No. T157-6009-00003 PM/PM10 emissions from baghouse 40F29 controlling
emissions from Starch Grinder/Mill #2 (40G21) shall have a maximum emissions
rate of 0.005 gr/dscf and 0.14 lbs/hr.
During a compliance stack test conducted on February 27, 2008 particulate
emissions from baghouse 40F29 were measured at 0.013 gr/dscf and 0.32 lbs/hr.
6.
Corrective actions consisting of replacing filter bags with
pleated cartridge filters were completed on April 3, 2008. A retest of the
baghouse was conducted on June 4, 2008 with the test results showing compliance
with the particulate limits.
7.
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 all applicable federal and
state environmental statutes, rules and permits.
3.
All submittals required by this Agreed Order, unless
Respondent is notified otherwise in writing by IDEM, shall be sent to:
Mr. Richard Sekula, 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 Seven Thousand
Dollars ($7,000). 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 and stipulated 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 or anyone
acting on its behalf 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 IDEM issues a
Resolution of Case letter to Respondent.
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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Janusz Johnson,Chief |
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Printed: |
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Compliance and Enforcement Section I |
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Title: |
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Office of Air Quality |
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Date: |
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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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DAY
OF |
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, 2010. |
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Commissioner: |
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Signed on January 25, 2010 |
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Thomas W. Easterly |
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Commissioner |
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Indiana Department of Environmental Management |
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