STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. CARGILL,
INC., 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 Cargill, Inc. (“Respondent”), which owns/operates the facility with Plant ID
No. 157-00038, located at 1502 Wabash Avenue in Lafayette, Tippecanoe 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 February 25, 2016
to the following.
David
Wood MacLennan, President Cargill,
Inc. 15407
McGinty Road West Wayzata,
MN 55391 |
CT
Corporation System, Registered Agent 150
West Market Street Suite 800 Indianapolis,
IN 46204 |
5.
During
an investigation conducted by a representative of IDEM, the following violations
were found:
a)
Pursuant
to Title V permit No. 157-32522-00038 (“Permit”) Condition D.1.1(e),
particulate emissions from the Soybean Flaking process controlled with Cyclone
#4 and exhausting to stack S-5 shall not exceed a grain loading of 0.006 gr/dscf and PM emission rate of 0.874 lbs/hr.
During
stack testing conducted on September 24, 2014, particulate emissions were
measured at a grain loading of 0.009 gr/dscf and PM
emission rate of 1.513 lb/hr,
in violation of Permit Condition D.1.1(e).
b)
Pursuant
to Permit Condition D.1.1(e), particulate emissions
from the DTDC Meal Dryer process controlled with Cyclone #6 and exhausting to
stack S-11 shall not exceed a grain loading of 0.007 gr/dscf
and PM emission rate of 0.6 lbs/hr.
During
stack testing conducted on September 24, 2014, particulate emissions were
measured at a grain loading of 0.008 gr/dscf and PM
emission rate of 0.734 lb/hr,
in violation of Permit Condition D.1.1(e).
c)
Pursuant
to Permit Condition D.1.1(e), particulate emissions from the DTDC Meal Cooler
process controlled with Cyclone #8 and exhausting to stack S-21 shall not exceed
a grain loading of 0.015 gr/dscf for PM and 0.019 gr/dscf for PM10 and emission rate of 1.029 lbs/hr for PM and 1.3 lb/hr for PM10.
During
stack testing conducted on September 25, 2014, particulate emissions were
measured at a grain loading of 0.027 gr/dscf for PM
and 0.033 gr/dscf for PM10 and emission rate of 1.921
lb/hr for PM and 2.33 lb/hr for PM10, in violation of
Permit Condition D.1.1(e).
d)
Pursuant
to Permit Condition D.1.1(e), particulate emissions
from the Bean Screener process controlled with Baghouse #1 and exhausting to
stack S-3 shall not exceed an emission rate of 0.136 lbs/hr for PM.
During
stack testing conducted on September 30, 2014, particulate emissions were
measured at an emission rate of 0.251 lb/hr for PM, in violation of Permit Condition D.1.1(e).
6.
Stack
testing was conducted in March of 2015 for the process units in violation and
the PM and PM10 emissions were measured in compliance with the respective permit
limits referenced above.
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 rules listed in
the findings here and/or above at issue.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Rebecca
Hayes, Compliance and Enforcement Manager |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Twenty Four Thousand Dollars ($24,000). 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:
IDEM Office
of Legal Counsel |
IGCN,
Rm N1307 |
100 N
Senate Ave |
Indianapolis,
IN 46204 |
6.
This
Agreed Order shall apply to and be binding upon Respondents 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.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Cargill,
Inc. |
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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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COUNSEL
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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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2016. |
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For
the Commissioner |
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Signed
on April 19, 2016 |
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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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