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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. POET BIOREFINING-CLOVERDALE, LLC, 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 POET Biorefining-Cloverdale,
LLC (“Respondent”), which owns/operates an ethanol production facility with Plant
ID 133-00003, located at 2265 East County Road 800 South in Cloverdale, Putnam
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 Notices
of Violation (“NOV”) in conjunction with this Agreed Order to:
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Dave Brooks, General Manager |
National
Registered Agents, Inc. |
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POET Biorefining – Cloverdale, LLC |
320 N.
Meridian Street |
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2265 E. County Road 800 S |
Indianapolis, IN 46204 |
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Cloverdale, IN 46120 |
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5.
During a review conducted by a representative of
IDEM, the following violations were found:
a.
Pursuant to Permit condition B.3(a), emission units covered in the permit may begin
operating on the date the Affidavit of Construction is postmarked or hand
delivered to IDEM if constructed as proposed.
Respondent began operating on February
17, 2011 but did not submit their Affidavit of Construction to IDEM until March
23, 2011 in violation of permit condition B.3.
b.
Pursuant to Permit condition D.1.4(a), in order to comply with condition D.1.1(a) and
(b), and D.1.2, the baghouse for particulate control shall be in operation and
control emissions from the grain conveyor system at all times that the grain
conveyor system is in operation.
On February 17, 2011, Respondent
operated the grain conveyor system without baghouse control in violation of
permit condition D.1.4(a).
c.
Permit
condition D.2.4(b) states that the wet scrubber shall
be in operation and control emissions from the fermentation process at all
times that this process is in operation.
On
June 17 through June 20, 2011, June 26, 2011, June 28 through July 2, 2011 and
September 1 through September 2, 2011, Respondent operated the fermentation
process without wet scrubber control in violation of permit condition D.2.4(b).
d. Permit condition D.3.7(b) states that in
order to comply with conditions D.3.1(b), D.3.2(b) and D.3.4, the baghouse for
particulate control shall be in operation and control emissions from the DDGS
storage building/flat storage at all times this unit is in operation.
On May 29 through May 30, 2011
Respondent operated the DDGS storage building/flat storage without baghouse
control in violation of permit condition D.3.7(b).
6.
It is acknowledged in a November 2, 2011 statement
provided by POET Biorefining-Cloverdale that no load out or conveyance occurred
in the DDGS storage area during the time frame in which the baghouse was not in
operation on May 29 through May 30, 2011.
7.
It is acknowledged that an interlock has been
placed on the grain conveyor system that ensures the baghouse is operating when
the conveyor system is operating.
8.
It is acknowledged that an interlock has been
placed on the conveyor to the DDGS storage building/flat storage that ensures
the baghouse is operating when the conveyor is operating.
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 their Federally
Enforceable State Operating Permit number F133-30085-00003 issued May 6, 2011.
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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Mary Kelley, 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 and agrees to pay a
civil penalty of Thirty Thousand Dollars ($30,000.00). Said penalty amount shall be due and payable to the Environmental
Management Special Fund within thirty (30) days of the Effective Date; the 30th
day being the “Due Date”.
5.
The civil penalty is 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 the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be
computed as having accrued from the Due Date until the date that Respondent
pays any unpaid balance. Such interest
shall be payable to the Environmental Management Special Fund and shall be
payable to IDEM in the manner specified in Paragraph 5.
8.
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.
9.
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.
10.
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 their obligation to comply with the
requirements of their applicable permit or any applicable Federal or State law
or regulation.
11.
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.
12.
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.
13.
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.
14.
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
of Environmental Management |
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POET Biorefining-Cloverdale, LLC |
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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 1 |
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Title: |
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Office
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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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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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,
2012. |
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For
the Commissioner |
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Signed
on February 22, 2012 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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