STATE OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. ARCHER DANIELS MIDLAND - FRANKFORT, 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 Indiana created by Indiana
Code (“IC”) 13-13-1-1.
2.
Respondent
is Archer Daniels Midland Company (“Respondent”), which owns and operates the stationary
soybean processing and oil refining operation with Plant I.D. No. 023-00011 located
at 2191 West County Road 0 N in Frankfort, Clinton County, Indiana (the
“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”) via Certified Mail, on
September 2, 2010, to:
Patricia
A. Woertz, President |
CT
Corporation System, Registered Agent |
Archer
Daniels Midland Company |
251
East Ohio Street |
4666
Faries Parkway |
Suite
1100 |
Decatur,
IL 62526 |
Indianapolis,
IN 46204 |
5.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a. Pursuant to Part 70 Permit
023-26991-00011 Condition D.1.2, the Particulate Matter (“PM”) limitation for
the Vertical Seed Conditioner (EU44) shall be limited to 0.001 pounds per ton
of beans processed.
Based on a stack test performed December 15, 2009, Respondent exceeded
Condition D.1.2 PM limit for the Vertical Seed
Conditioner (EU44), in violation of Part 70 Permit 023-26991-00011 Condition
D.1.2.
b. Pursuant to Part 70 Permit
023-26991-00011 Condition D.1.2, the PM limitation for the Bean Dryer (EU10),
Cracking Rolls (EU11), Hull Separator (EU12) and Conditioner (EU13) exhausting
through a common stack shall be limited to 0.00161 pounds per ton of beans
processed
Based on a stack test performed December 22, 2009, Respondent exceeded
Condition D.1.2 PM limit for the Bean Dryer (EU10), Cracking Rolls (EU11), Hull
Separator (EU12) and Conditioner (EU13), in violation of Part 70 Permit
023-26991-00011 Condition D.1.2.
c. Pursuant to Part 70 Permit
023-26991-00011 Condition D.1.2, the PM limitation for the Hull Grinder (EU17)
shall be limited to 0.00674 pounds per ton of hulls processed.
Based on a stack test performed April 12, 2010, Respondent exceeded Condition
D.1.2 PM limit for the Hull Grinder (EU17), in
violation of Part 70 Permit 023-26991-00011 Condition D.1.2.
d. Pursuant to 326 IAC 3-6-2(a), “the
source shall complete a test protocol form and submit the test protocol form to
the department no later than thirty-five (35) days prior to the intended test
date unless more notice is required under the applicable program”.
On July, 29th 2010, the
Office of Air Quality received a Compliance Test Protocol for a performance
test scheduled to be conducted on March, 8th 2010. The receipt of this protocol was 178 days
past the thirty-five (35) day requirement, in violation of 326 IAC 3-6-2(a).
e. Pursuant to 326 IAC 3-5-7, sources
subject to the requirements of section 1 of this rule shall report excess
emissions no less frequently than quarterly.
Based on information submitted to OAQ on May 14, 2010, Respondent failed to
submit reports for Cylinder Gas Audits (“CGA”) conducted for the 2nd,
3rd and 4th quarters of 2009, in violation of 326 IAC
3-5-7.
6.
Respondent
submitted an application on May 13, 2010 to replace the existing cyclone with a
baghouse to control particulate emissions.
7.
Respondent
retested the Bean Dryer (EU10), Cracking Rolls (EU11), Hull Separator (EU12)
and Conditioner (EU13) and demonstrated compliance with the limit on April 14,
2010.
8.
Respondent
submitted reports for the CGAs conducted for the 2nd, 3rd
and 4th quarters of 2009 on July 29, 2010.
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 Part 70 Permit 023-26991-00011 as amended by Administrative
Amendment 023-29261-00011.
3.
Within
120 days of installation of the new baghouse on the vertical seed conditioner,
Respondent shall perform a compliance stack test under the provisions of 326
IAC 3-6.
4.
Within
60 days of the Effective Date, Respondent will retest Hull Grinder (EU17).
5.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Matthew Chaifetz, Compliance and
Enforcement Manager |
Compliance and Enforcement Branch –
Mail Code 61-53 |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
6.
Respondent
is assessed a civil penalty of Twenty-Two Thousand Two Hundred Dollars ($22,200.00). 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.
7.
In
the event the terms and conditions of the following paragraphs are violated, Complainant
may assess and Respondent shall pay a stipulated penalty in the following
amount:
Paragraph |
Violation |
Stipulated Penalty |
3 |
Failue to stack
test new baghouse |
$500 per
week or part thereof |
4 |
Failure to
retest Hull Grinder (EU17) |
$500 per
week or part thereof |
8.
Stipulated
penalties shall be due and payable within thirty (30) days after Respondent
receives written notice that Complainant has determined a stipulated penalty is
due. Assessment and payment of
stipulated penalties shall not preclude Complainant from seeking any additional
relief against Respondent for violation of this Agreed Order. In lieu of any of the stipulated penalties
set out above, Complainant may seek any other remedies or sanctions available
by virtue of Respondent’s violation of this Agreed Order or Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
9.
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 |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
10.
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.
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 this Agreed Order did not contain the invalid terms.
12.
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 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.
14.
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.
15.
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.
16.
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.
17.
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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Archer Daniels Midland |
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Janusz
Johnson, Chief |
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Printed: |
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Compliance and Enforcement Section 1 |
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Title: |
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Office of Air Quality |
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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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, 2010. |
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For the Commissioner |
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Signed on November 24, 2010 |
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Keith Baugues |
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Assistant Commissioner |
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Office of Air Quality |
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Indiana Department of Environmental Management |
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