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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. A
C GRAIN 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 A C Grain LLC
(“Respondent”), which owns/operates a grain elevator with Plant ID No.
165-00015 and Permit number F165-33784-00015 (“Permit”), located at 225
Briarwood Avenue, in Dana, Vermillion 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”) in conjunction with this Agreed Order to:
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John Thomas, Manager |
CT Corporation System |
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AC Grain LLC |
150 West Market Street |
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110 N Willow Street |
Suite 800 |
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Dana, IN 47847 |
Indianapolis, IN 46204 |
5.
During a review of Respondent’s October 10, 2013 air
permit application conducted by a
representative of IDEM, the following violation was found:
a. Pursuant to 326 IAC 2-11-1(c), a source
may limit its potential to emit by complying with the conditions of an
applicable section of the Permit by Rule for Specific Source Categories and not
be subject to 326 IAC 2-7.
Pursuant to 326 IAC
2-11-3(b), to limit potential to emit at grain elevators for truck or rail
grain receiving and truck or rail grain shipping, annual total throughput
limits shall be equal to or less than eleven million two hundred thousand
(11,200,000) bushels.
Pursuant to 326 IAC 2-7-2,
any major source as defined in section 1(22) of this rule is required to have a
Part 70 operating permit.
Respondent operated a
major source without a Part 70 operating permit when grain received in 2013
amounted to 15,642,899 bushels and grain shipped during the first half of 2014
amounted to 11,606,697 bushels, in violation of 326 IAC 2-11 and 326 IAC 2-7-2.
6.
Respondent was issued a Federally
Enforceable State Operating Permit (“FESOP”) on July 17, 2014.
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 comply with the
FESOP.
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 Seven Thousand Dollars ($7,000.00). 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.” The check 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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Office of Legal Counsel |
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IGCN, Room 1307 |
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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, above.
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
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A C Grain 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
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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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2015. |
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For
the Commissioner |
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Signed
on April 1, 2015 |
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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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