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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. Ingredion
Incorporated, 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 Ingredion Incorporated (“Respondent”), which owns
and operates a stationary wet corn milling plant which, amongst other things,
produces feed, gluten meal, germ meal, and heavy steepwater,
with Plant ID No. 097-00042, located at 1515 South Drover Street, in
Indianapolis, Marion 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 a Notice of Violation (“NOV”) on July 27, 2012 via
Certified Mail to:
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Ilene
S. Gordon, CEO |
CT
Corporation System |
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Ingredion
Incorporated |
Registered
Agent |
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5
Westbrook Corporate Center |
251
East Ohio Street, Suite 1100 |
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Westchester,
IL 60154 |
Indianapolis,
IN 46204 |
5.
Respondent
operates a stationary wet corn milling facility.
6.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant
to Permit T097-26765-00042 and Administrative Amendment 097-29768-00042
Conditions D.1.1(e) and D.1.4(c), the VOC emissions
from the Germ Dryer, Feed Dryer, and Gluten Dryer (Emission Units 5502-1A,
5502-1B, and 5502-1C, respectively), combined, shall not exceed 4.89 pounds per
hour (lbs/hr).
Respondent conducted compliance testing on November 10, 2010 on the Germ Dryer,
Feed Dryer, and Gluten Dryer (Emission Units 5502-1A, 5502-1B, and 5502-1C,
respectively), combined, controlled by Regenerative Thermal Oxidizer (Unit
5502-1D), which demonstrated VOC emissions of 5.99 lbs/hr, in violation of Permit
T097-26765-00042 and Administrative Amendment 097-29768-00042 Conditions
D.1.1(e) and D.1.4(c).
b.
Pursuant
to Permit T097-26765-00042 and Administrative Amendment 097-29768-00042
Condition C.14 (a), when the results of a stack test exceed the level specified
in any condition of this permit, the Permittee shall
submit a description of its response actions to IDEM, OAQ no later than
seventy-five (75) days after the date of the test.
Respondent failed to submit a description of its response actions within seventy-five
(75) days of November 10, 2010, the date of stack test failure, in violation of
Permit T097-26765-00042 and Administrative Amendment 097-29768-00042 Condition C.14
(a).
c.
Pursuant
to Permit T097-26765-00042 and Administrative Amendment 097-29768-00042
Condition C.14 (b), a retest to demonstrate compliance shall be conducted no
later than one hundred eighty (180) days after the date of stack test failure.
Respondent failed to conduct a retest within one hundred eighty (180) days of
November 10, 2010, the date of stack test failure, in violation of Permit
T097-26765-00042 and Administrative Amendment 097-29768-00042 Condition C.14 (b).
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 demonstrate compliance with Permit T097-26765-00042 and Administrative
Amendment 097-29768-00042 Conditions D.1.1 (e) and D.1.4(c).
3.
Within
sixty (60) calendar days of the Effective Date and prior to the VOC emissions
retest, Respondent shall conduct engineering studies to investigate and
determine process conditions to control in order to achieve and maintain compliance
with the VOC emission limits for the Germ Dryer, Feed Dryer, and Gluten Dryer.
4.
Respondent
shall submit progress reports within ten (10) days after the close of each
month, documenting steps taken to return to compliance.
5.
No later than December 31, 2012, Respondent
shall conduct a VOC emissions retest of the Germ Dryer, Feed Dryer, and Gluten Dryer (Emission Units
5502-1A, 5502-1B, and 5502-1C, respectively), combined, controlled by
Regenerative Thermal Oxidizer (Unit 5502-1D), to demonstrate compliance with
Paragraph 2, above.
6.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
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Marty
Yeates, 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 |
7.
Respondent
is assessed and agrees to pay a civil penalty of Fourteen Thousand Dollars ($14,000.00). 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”.
8.
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:
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Paragraph |
Violation |
Stipulated
Penalty |
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3 |
Failure to conduct engineering
studies within 60 days of the Effective Date |
$500.00/week |
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4 |
Failure to submit progress reports |
$100.00/week |
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5 |
Failure to conduct stack test by
December 31, 2012 |
$500.00/week |
Stipulated
penalties shall be due and payable no later than the 30th day after
Respondent receives written notice that Complainant has determined a stipulated
penalty is due; the 30th day being the “Due Date”. Complainant may notify Respondent at any time
that a stipulated penalty is due.
Failure to notify Respondent in writing in a timely manner of a stipulated
penalty assessment shall not waive Complainant’s right to collect such stipulated
penalty or preclude Complainant from seeking additional relief against Respondent
for violation of this Agreed Order.
Neither assessment nor payment of stipulated penalties shall preclude
Complainant from seeking additional relief against Respondent for a violation
of this Agreed Order; such additional relief includes any remedies or sanctions
available pursuant to 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:
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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 |
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 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 7, above.
12.
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.
13.
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.
14.
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.
15.
The
Commissioner of the Indiana Department of Environmental Management (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.
16.
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
or other penalties for the same violation specified in the NOV.
17.
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.
18.
This
Agreed Order shall remain in effect until Respondent has complied with all
terms and conditions of this Agreed Order.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Ingredion
Incorporated |
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By: |
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By: |
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Craig
Henry, Chief |
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Printed: |
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Compliance
and Enforcement Section 3 |
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Office
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COUNSEL
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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 September 13, 2012 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
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