|
STATE
OF INDIANA |
) |
SS: |
BEFORE
THE INDIANA DEPARTMENT OF |
||
|
|
) |
|
ENVIRONMENTAL
MANAGEMENT |
||
|
COUNTY
OF MARION |
) |
|
|
||
|
|
|||||
|
COMMISSIONER
OF THE DEPARTMENT |
) |
|
|||
|
OF
ENVIRONMENTAL MANAGEMENT, |
) |
||||
|
|
) |
||||
|
Complainant, |
) |
||||
|
|
) |
||||
|
v. |
) |
Case
No. 2017-24314-W |
|||
|
Pretzels, Inc., |
) |
|
|||
|
|
) |
||||
|
|
) |
||||
|
Respondent. |
) |
||||
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 Indiana Code (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 IC 13-13-1-1.
2.
Respondent is Pretzels, Inc., which
operates the pretzel manufacturing facility, located at 123 Harvest Road, in
Bluffton, Wells County, Indiana (the Site).
3.
Respondent discharges wastewater in
accordance with the terms and conditions of the Bluffton Sewer Use Ordinance
into the collection system of the Bluffton publicly owner treatment works
(POTW) which subsequently discharges into waters of the State.
4.
IDEM has jurisdiction over the
parties and the subject matter of this action pursuant to IC 13-30-3.
5.
Pursuant to IC 13-30-3-3, IDEM
issued a Notice of Violation (NOV) via Certified Mail to Pretzels, Inc.
6.
The Respondent is a pretzel
manufacturer using advanced baking technology to create innovative snacks like
pretzels and extruded corn snacks.
Sodium hydroxide is used at Pretzels, Inc.
7.
During an investigation conducted by
a representative of IDEM, violations were found, as described below.
8.
Pursuant to 327 IAC 5-18-2(a)(1), a
user of a POTW shall not allow the introduction of a pollutant that could pass
through or cause interference with the operation or performance of the POTW.
Pursuant to 327 IAC 5-17-11 (a) “Interference” means a discharge that, alone or in conjunction with a
discharge or discharges from other sources, inhibits or disrupts the:
1.
treatment processes or operations,
2.
sludge processes, or
3.
selected sludge; (A) use or (B)
disposal methods; of a POTW.
(b) The inhibition or disruption
under subsection (a) must:
1) Cause
a violation of a requirement of the POTW’s NPDES permit, including an increase
in the magnitude or duration of a violation; or
2) Prevent the use of
the POTW’s sewage sludge or its sludge disposal method selected in compliance
with the following statutory provisions, regulations, or permits issued
thereunder or more stringent state or local regulations specified in subsections
A through D of this rule.
On January 7 and 8, 2017, a prohibited discharge of 48,000
pounds of sodium hydroxide was released from the Pretzels, Inc. into the sewage
collection system of the Bluffton publicly owned treatment works (POTW) at a
rate of 3000 pounds per hour for 16 hours.
The sodium hydroxide is considered a hazardous substance as per CERCLA
with a Reportable Quantity of 1000 pounds.
In violation of 327 IAC 5-18-2(a)(1), the discharge disrupted the normal
operation of the treatment plant and caused the POTW to violate effluent
limitations in its NPDES permit. The
Bluffton POTW was disrupted until January 30, 2017.
The discharges meet the definition of interference specified
in 327 IAC 5-17-11. The interference was
caused by the prohibited discharge, in violation of 327 IAC 5-2-8(1)(a) and 327
IAC 5-18-2(a)(5).
9.
The City of Bluffton has reported
that Pretzels, Inc. has introduced measures in the plant to reduce the risk of
future releases. Pretzels, Inc. has
removed manual valves and has added lock-outs to their manual feed lines. Alarm messages have been added to equipment
to notify supervisors if caustic usage is high.
The addition of pH monitoring equipment at the outfall to the City’s
collection system was also planned.
The Bluffton publicly owner treatment works (POTW) had
returned to normal operation after 24 days of disruption.
10.
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 adopted by Complainant or Complainant’s delegate
(as evidenced by signature), and the adopted Agreed Order has been received by
Respondent. This Agreed Order shall have
no force or effect until the Effective Date.
In addition to addressing the violations cited in Paragraph 8 of the
Findings of Fact above, this Agreed Order also addresses any additional
violations of these same rules that may have occurred subsequent to the
issuance of the NOV and prior to the Effective Date.
2.
Respondent shall comply with the
pretreatment standards for prohibited discharges to a POTW. Specifically, Respondent shall not allow the
introduction of a pollutant into the Bluffton wastewater system that could pass
through or cause interference with the operation or performance of the POTW.
3.
Within sixty (60) days of the Effective Date, Respondent
shall submit to IDEM an Application for Industrial Wastewater Pretreatment
(IWP) Permit using State Form 50271 (R2/9-08) following all instructions listed
in the form. Information on the IWP
program and the IWP permit application can be found online at
http://in.gov/idem/cleanwater/2438.htm. Pursuant to 327 IAC 5-17-23 the discharge from the facility
appears to meet the criteria as a Significant Industrial User (SIU). Pursuant to IC 13-18-20-12, an
application fee of fifty dollars ($50) must also be submitted with the permit
application. IDEM’s request for the
application is authorized under 327 IAC 5-21-2(2). IDEM will evaluate the permit application to
determine if an IWP permit is needed for effective control of the discharge
from Respondent.
4.
All submittals required by this
Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall
be sent to:
|
Patrick P. Colcord, Enforcement
Case Manager |
|
Office of Water Quality – IGCN
1255 |
|
Indiana Department of
Environmental Management |
|
100 North Senate Avenue |
|
Indianapolis, IN 46204-2251 |
5.
Respondent is assessed and agrees to
pay a civil penalty of Nine Thousand Dollars, ($9,000). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within 30 days of the Effective Date;
the 30th day being a “Due Date.”
6.
In the event the terms and
conditions of the following paragraphs are violated, IDEM may assess and
Respondent shall pay the corresponding stipulated penalty:
|
Paragraph |
Violation |
Stipulated Penalty |
|
3 |
Failure to submit an IWP application
within 60 days. |
$500 per week late, or part
thereof. |
7.
Stipulated penalties shall be due
and payable no later than the 30th
day after Respondent receives written notice that IDEM has determined a
stipulated penalty is due, the 30th
day being a “Due Date.” IDEM 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 IDEM’s right
to collect such stipulated penalty or preclude IDEM from seeking additional
relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties
shall preclude IDEM 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
2017-24314-W of this action and shall be mailed to:
|
Office of Legal Counsel |
|
Indiana Department of
Environmental Management |
|
IGCN, Rm N1307 |
|
100 North Senate Avenue |
|
Indianapolis, IN 46204 |
9.
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.
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 and any accrued interest 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.
The interest shall continue to accrue on the first of each month until
the civil penalty and any interest accrued are paid in full. Such interest shall be payable to the
Environmental Management Special Fund, and shall be payable to IDEM in the
manner specified 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
United States Environmental Protection Agency (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 EPA or any other agency or entity.
17.
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 (close out) letter to Respondent.
REMAINDER OF PAGE INTENTIONALLY LEFT
BLANK.
|
TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
|
Department
of Environmental Management |
Pretzels,
Inc. |
|
|
|
|
By:_________________________ |
By:_________________________ |
|
Dave Tennis,
Chief |
|
|
Water
Enforcement Section |
|
|
Surface
Water, Operations and |
Printed:______________________ |
|
Enforcement
Branch |
|
|
Office of
Water Quality |
Title:________________________ |
|
|
|
|
Date:_______________________ |
Date:________________________ |
|
|
|
|
|
COUNSEL FOR
RESPONDENT: |
|
|
|
|
|
By:_________________________ |
|
|
|
|
|
Date:_______________________ |
|
|
|
|
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
|
|
MANAGEMENT
THIS ______ DAY OF ________________________, 20___. |
|
|
|
|
|
|
For
the Commissioner: |
|
|
|
|
|
Signed
on July 19, 2017 |
|
|
Martha Clark Mettler |
|
|
Assistant
Commissioner |
|
|
Office
of Water Quality |