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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. ULTIMATE ETHANOL, LLC D.B.A. POET
BIOREFINING - ALEXANDRIA, 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 Ultimate Ethanol, LLC d.b.a.
POET Biorefining - Alexandria (“Respondent”), which
owns and operates the stationary ethanol production plant with Plant ID No. 095-00127,
located at 13179 North 100 East, in Alexandria, Madison 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”) via
Certified Mail to:
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Dave
Hudak, General Manager |
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Ultimate
Ethanol, LLC d.b.a. POET Biorefining - Alexandria |
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13719
North 100 East |
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Alexandria,
IN 46001 |
5.
During a report review conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant to 326 IAC 8-5-6 and Condition D.2.6
of Title V Permit T095-30443-00127, the regenerative thermal oxidizer (RTO)
CE009 and the scrubber CE008 shall be in operation and control emissions from
the fermentation process at all times that it operates; except, when the RTO
CE009 is down, the fermentation emissions shall be controlled by scrubber
CE008; when the scrubber is down/bypassed and emissions are exhausting to RTO
CE009, the fermentation process shall be controlled by RTO CE009.
Respondent operated the fermentation process without scrubber CE008, when RTO
CE009 was not operating, on three (3) separate occasions dated March 6, 2012;
May 1, 2012; and July 15, 2012, in violation of 326 IAC 8-5-6 and Condition
D.2.6 of Title V Permit T095-30443-00127.
b.
Pursuant to 326 IAC 8-5-6 and Condition D.2.6
of Title V Permit T095-30443-00127, the regenerative thermal oxidizer (RTO)
CE009 and the scrubber CE008 shall be in operation and control emissions from
the fermentation process at all times that it operates; except, when the RTO
CE009 is down, the fermentation emissions shall be controlled by scrubber
CE008; when the scrubber is down/bypassed and emissions are exhausting to RTO
CE009, the fermentation process shall be controlled by RTO CE009.
Respondent vented emissions from the slurry tank EU011 directly to atmosphere
during an emissions determination engineering study in violation of 326 IAC
8-5-6 and Condition D.2.6 of Tile V Permit T095-30443-00127 Significant Permit
Modification 095-31614-00127 resolved this violation.
6.
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 8-5-6
and Condition D.2.6 of Title V Permit T095-30443-00127.
3.
Within sixty (60) days of the Effective Date,
Respondent shall develop and implement a plan, based upon root cause analysis, for control of fermentation emissions at all
times, to ensure continued compliance as specified in Paragraph 2, above.
4.
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 |
5.
Respondent is assessed and agrees to pay a
civil penalty of Twenty-Six Thousand Two Hundred Fifty Dollars ($26,250.00). 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”.
6.
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 develop and implement a plan to ensure control of
fermentation emissions when scrubber CE008 is inoperative, within sixty (60)
days of the Effective Date. |
$500 per
week or part thereof |
7.
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.
8.
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 |
9.
This Agreed Order shall apply to and be
binding upon Respondent 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.
10.
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 8, above.
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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Ultimate Ethanol, LLC d.b.a. POET Biorefining
- Alexandria |
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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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Title: |
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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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,
2013. |
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For
the Commissioner |
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Signed
on July 30, 2013 |
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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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