STATE
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. CONSOLIDATED GRAIN AND BARGE INC. d/b/a
CONSOLIDATED TERMINALS AND LOGISTICS CO., 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 Consolidated Grain and Barge Inc. d/b/a Consolidated Terminals and Logistics
Co. (“Respondent”), which owns/operates a stationary dry distillers grains with
soluble (DDGS) and bulk products
transfer source with Plant ID No. 163-00054, located at: 2801 Bluff road, in Mt. Vernon, Posey, Indiana
(“Site”).
3.
IDEM
has jurisdiction over the parties and the subject matter of this action.
4.
This
plant handles grain and product from two ethanol plants. It has had a permit since 12/2/09, but only
recently has begun to use the one
submerged ethanol load out.
5.
During
an investigation and records review conducted by representatives of IDEM, the
following violations were found:
a.
Pursuant
to 326 IAC 2-8-4 and FESOP Significant Permit Revision (SPR) No. F129-29175-00054,
issued to Respondent on February 7, 2011, Condition D.1.3 (a), requires the VOC
emissions from the submerged ethanol load out operation after control shall not
exceed 0.014 pounds per kilogallon of liquid loaded.
VOC emissions from Respondent’s submerged ethanol load out operation exceeded
0.014 pounds per kilo gallon of liquid loaded and 4.36 tons VOC/12 consecutive
months, in violation of Condition D.1.3 SPR No. F129-29175-00054.
b.
Pursuant
to 326 IAC 8-1-6 and FESOP SPR No. F129-29175-00054, issued to Respondent on
February 7, 2011, Condition D.1.4 (a), requires the VOC emissions from the
submerged ethanol load out operations be collected and controlled by an
adsorption/absorption hydrocarbon vapor recovery system.
Respondent failed to control VOC emissions from the submerged ethanol load out
operations, in violation of 326 IAC 8-1-6 and SPR No. F129-29175-00054
Condition D.1.4 (a).
c.
Pursuant
to Part 70 (SPR) No. F129-29175-00054, issued to Respondent on February 7,
2011, Condition D.1.6, requires a carbon adsorption/absorption vapor recovery
system (“control device”) operating and controlling emission from the submerged
ethanol load out operation at all times the unit is in operation.
Respondent failed to install and operate control device by February 7, 2011, in
violation of Condition D.1.6 of SPR No. F129-29175-00054.
6.
Respondent
installed a Marine Vapor Recovery Unit (MRVU) for control of VOC emissions from
the submerged ethanol load out operation.
The MVRU was fully operational and in use during ethanol load out November
2011.
7.
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.
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 326 IAC 2-8-4, 326 IAC 8-1-6 and SPR 129-27917-00054 and
subsequent modifications.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Tammy
Haug, Compliance and Enforcement Manager |
Southwest
Regional Office |
Indiana
Department of Environmental Management |
P.O.
Box 128, 1120 N. Vincennes Ave. |
Petersburg,
IN 47567-0128 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Eighty One Thousand, Two Hundred
and Fifty Dollars ($81,250.00). 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.
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 |
100
North Senate Avenue |
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 its 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, and shall be payable to IDEM in the manner specified in
Paragraph 5, above.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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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Consolidated Grain and Barge Inc. d/b/a
Consolidated Terminals and Logistics Co.
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By: |
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By: |
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David
E. Holder, Deputy Director |
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Printed: |
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Southwest
Regional Office |
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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 May 29, 2012 |
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Roger
Letterman, Deputy Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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