STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

 

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2001-10850-S

)

ROGER HOFFMAN FARM, LLC, )

)

Respondent. )

 

AGREED ORDER

The Complainant and the 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.

I. FINDINGS OF FACT

  1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
  2. Respondent is Roger Hoffman Farm, LLC (hereinafter referred to as "Respondent"), who operates a Confined Feeding Operation located at 7854 N US 231, Jasper, Dubois County, Indiana (hereinafter referred to as the "Site").
  3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.

    4.  

     

     

     

     

  4. Pursuant to IC 13-30-3-3, on December 6, 2001, IDEM issued a Notice of Violation via Certified Mail to:

Roger Hoffman Farm, LLC

Roger Hoffman, Registered Agent

7854 North US 231

Jasper, IN 47546

5. Designated representatives of IDEM conducted an inspection at the Site on May 22, 2001.

6. Based on information gathered by IDEM during the above noted inspection, the following violations were observed:
    1. Pursuant to IC 13-18-4-5, a person may not: (1) throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or (2) cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters. On the above noted inspection, manure was allowed to discharge from the Site into the waters of the state.
    2. Pursuant to IC 13-30-2-1(1), a person may not do any of the following: (1) discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment. On the above noted inspection, manure was allowed to discharge from the Site into the waters of the state.
    3. Pursuant to 327 IAC 2-6.1-7, any person who operates, controls or maintains any mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state, contain the spill, if possible, to prevent additional spilled material from entering the waters of the state; undertake or cause others to undertake activities needed to accomplish a spill response, and as soon as possible, but within two (2) hours of discovery, communicate a spill report to the Department of Environmental Management, Office of Environmental Response. The spill of manure from the Site was not properly reported, contained and responded to.
    4. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge. On the above noted inspection, manure was allowed to discharge from the Site into waters of the state without a valid NPDES permit.

E. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floatation debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges that will settle to form putrescent or otherwise objectionable deposits, that are in amounts sufficient to be unsightly or deleterious, that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance, which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans, and which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance. On the above noted inspection, manure was allowed to discharge from the Site into waters of the state causing a water quality violation.

8. 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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
  2. Within sixty (60) days of the Effective Date of this Agreed Order, the Respondent shall fill out and submit a complete Indiana Department of Environmental Management Confined Feeding Facility Approval Application for the Site. This Approval Application shall be sent to:

    3. Jerome Rud, Chief

    Confined Feeding Program, Land Use Section

    Office of Solid and Hazardous Waste Management (N1120)

    100 North Senate Avenue, P.O. Box 6015

    Indianapolis, Indiana 46206-6015

  3. Within ninety (90) days of the Effective Date of this Agreed Order, Respondent shall submit an application for a National Pollutants Discharge Elimination Systems (NPDES) permit for the Site. This NPDES permit application shall be sent to:

Jon Mangles, Chief

Water Office of Water Management Permitting Branch (N1203)

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, Indiana 46206-6015

4. Within thirty (30) days of the Effective Date of this Agreed Order, the Respondent shall submit a Spill Response Plan for the Site. Attachment A of this Agreed Order outlines the elements that need to be included in a Spill Response Plan.

5. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Dirk Andres, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, Indiana 46206-6015

  1. Respondent is assessed a civil penalty of nine thousand dollars ($9,000.00), but the penalty has been reduced to four thousand five hundred dollars ($4,500.00). This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay the original penalty amount assessed based on IDEM’s civil penalty policy.
    1. Respondent shall make nine (9) equal quarterly payments of five hundred dollars ($500.00) to the Environmental Management Special Fund on: August 1, 2002; November 1, 2002; February 1, 2003; May 1, 2003; and August 1, 2003; November 1, 2003; February 1, 2004; May 1, 2004; August 1, 2004.

    2. If IDEM determines at any time during the effective period of this Agreed Order that the Respondent has failed to comply with any conditions of this Agreed Order, subject to any extension granted by IDEM, the Respondent agrees to pay the entire unpaid balance of ($4,500.00) civil penalty to the Environmental Management Special Fund within thirty (30) days of receipt of the notice to pay by IDEM.

7. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

Violation Penalty

Order Paragraph #2 $100.00 per week application is late

Order Paragraph #3 $100.00 per week application is late

Order Paragraph #4 $100.00 per week application is late

8. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

 

 

9. 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:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

  1. In the event that the civil penalty required by Order paragraph 5 is not paid accordingly, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

  2. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No

change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

12. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.

13. The 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.

14. This Agreed Order shall remain in effect until Respondent has complied with all terms

and conditions of the Agreed Order.

 

 

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Roger Hoffman Farm, LLC

By: _________________________ By: _________________________

Paul Higginbotham, Chief

Solid Waste-UST Section Printed: ______________________

Office of Enforcement

Title: ________________________

Date: ________________________ Date: ________________________

 

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: _________________________ By: ________________________

Office of Legal Counsel

Department of Environmental Management

Date: _______________________ Date: ______________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2002.

For the Commissioner:

Signed on July 31, 2002

___________________________

Felicia A. Robinson

Deputy Commissioner

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