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STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. BUNGE NORTH AMERICA (EAST), L.L.C.,, 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 Bunge North America (East),
L.L.C. (“Respondent”), which owns and operates the facility with Plant ID No. 145-00035,
located at 700 N. Rangeline Rd., in Morristown, Shelby
County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and
the subject matter of this action.
4.
Respondent waives issuance of a Notice of
Violation and to the settlement period of sixty (60) days as provided for by IC
13-30-3-3.
5.
During an investigation conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant to 326 IAC 2-2-2, no new major
modification to which the requirements of this rule apply shall begin actual
construction without a permit that states that the major modification will meet
the requirements of this rule.
Respondent constructed a temporary
ground pile for storing soybeans, without first applying for and obtaining the
appropriate permit modification, in violation of 326 IAC 2-2-2.
b.
Pursuant to 326 IAC 2-7-10.5, a source may
not operate any emissions units described in the modification approval prior to
receiving a validation letter issued by the commissioner.
Respondent operated the temporary
ground pile for storing soybeans prior
to receiving a validation letter from the Commissioner, in violation of 326 IAC
2-7-10.5.
6.
Respondent self-reported to IDEM the October
1, 2010 catastrophic structural failure of one whole bean surge bin, which
caused the shutdown of all non-refinery emission units and operations at the
facility.
7.
The Respondent constructed a temporary ground
pile and utilized it to receive and store soybeans from October 11, 2010 to
October 22, 2010. Use of the temporary
ground pile for receiving and storage of soybeans was discontinued on October
22, 2010.
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 statutes, rules,
and/or permit conditions listed above at issue.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Rebecca Hayes, Compliance and
Enforcement Manager |
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Compliance and Enforcement Branch –
Mail Code 61-53 |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
4.
Respondent is assessed a civil penalty of Ten
Thousand Dollars ($10,000). 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 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:
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Indiana Department of Environmental
Management |
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Cashier – Mail Code 50-10C |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
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 their 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 the 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 this Agreed Order.
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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Bunge
North America (East), L.L.C. |
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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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DAY OF |
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,
2011. |
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For
the Commissioner |
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Signed
on March 16, 2011 |
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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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