STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. BIMBO BAKERIES
USA, 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 Bimbo Bakeries USA, Inc. (“Respondent”), which owns/operates the commercial
bakery source with Plant ID No. 039-00643, located at 53075 Frederic Drive, in Elkhart,
Elkhart 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:
Joe
Carney, Plant Manager Bimbo
Bakeries USA, Inc. 53075
Frederic Drive Elkhart,
IN 46514 |
Capitol
Corporate Services, Inc., Registered
Agent 3310
Busy Bee Lane Indianapolis,
IN 46227 |
5.
Respondent
owns/operates a commercial bakery, which includes baking ovens which use an
oxidizer to control VOC emissions.
6.
Based
on an Emergency Occurrence Report submitted by the Respondent to IDEM on
October 19, 2015, the following violations were found:
a. Pursuant
to Permit Number F 039-35786-00643, Condition D.1.1(a)(1), VOC emissions from
baking oven 001 and baking oven 027 are required to be controlled by catalytic
oxidizer 047.
Respondent operated English Muffin Lines, baking oven 001 and baking oven 027
for approximately 12.6 hours (on October 16, 2015 and on October 17, 2015)
without the use of catalytic oxidizer 047 to control VOC emissions, in
violation of Permit Number F 039-35786-00643, Condition D.1.1(a)(1).
b. Pursuant
to Permit Number F 039-35786-00643, Condition D.1.1(a)(2),
the minimum overall VOC control efficiency for the catalytic oxidizer,
including capture efficiency and destruction efficiency, shall be 95%.
Respondent
operated English Muffin Lines, baking oven 001 and baking oven 027 for
approximately 12.6 hours (on October 16, 2015 and on October 17, 2015) without operating
catalytic oxidizer 047 at a minimum overall VOC control efficiency, including capture
efficiency and destruction efficiency, of 95%, in violation of Permit Number F
039-35786-00643, Condition D.1.1(a)(2).
c.
Pursuant
to Permit Number F 039-35786-00643, Condition D.1.1(a)(3), the combined VOC
emissions from baking oven 001 and baking oven 027, exhausting through the
common stack S30, shall not exceed 1.52 lbs./hr.
Respondent
operated English Muffin Lines, baking oven 001 and baking oven 027 for approximately
12.6 hours (on October 16, 2015 and on October 17, 2015) without the use of
catalytic oxidizer 047, resulting in combined VOC emissions from baking oven
001 and baking oven 027, exhausting through the common stack S30 in excess of 1.52
lbs./hr., in violation of Permit Number F
039-35786-00643, Condition D.1.1(a)(3).
d. Pursuant
to Permit Number F 039-35786-00643, Condition D.1.3, the catalytic oxidizers shall
be in operation and control emissions from the baking ovens at all times the baking
ovens are in operation.
Respondent
operated English Muffin Lines, baking oven 001 and baking oven 027 for
approximately 12.6 hours (on October 16, 2015 and on October 17, 2015) without
the use of catalytic oxidizer 047, a failure to operate the catalytic oxidizers
and control emissions from the baking ovens at all times the baking ovens are
in operation, in violation of Permit Number F 039-35786-00643, Condition D.1.3.
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 Permit Number F 039-35786-00643, Conditions D.1.1(a)(1), D.1.1(a)(2), D.1.1(a)(3) and D.1.3.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Paul
Karkiewicz, 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 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.
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 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 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 its
obligation to comply with the requirements of its applicable permits 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 Respondent has complied with all
terms and conditions of this Agreed Order and 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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Bimbo Bakeries USA, Inc. |
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By: |
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James
E. Weingart, Director |
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Northern
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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 June 16, 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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