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. 2002-12037-S

)

PAUL LUEKEN, d/b/a LUEKEN DAIRY FARM, ) )

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 (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Paul Lueken, d/b/a Lueken Dairy Farm (ARespondent@), who owns and operates the confined feeding operation, approval # AW 5210 located at 10100 Taylor Hollow Road in Birdseye, Dubois County, Indiana (ASite@).

3. The Indiana Department of Environmental Management (AIDEM@) 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 via Certified Mail to:

 Paul Lueken, d/b/a

Lueken Dairy Farm

10100 Taylor Hollow Road

Birdseye, IN 47513

5. An inspection, on May 17, 2002, was conducted at the Site by a representative of IDEM=s Office of Land Quality (OLQ). The following violation was in existence or observed at the time of this inspection: Pursuant to 327 IAC 16-7-1(b), a person shall not begin construction of a

confinement building or waste management system at a new or an existing

confined feeding operation without obtaining the prior written approval of

 the commissioner. The Respondent began construction of a confinement building, at the Site, without obtaining the prior written approval of the commissioner, in violation of 327 IAC 16-7-1(b).   6. 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.
    1. Respondent shall comply with all applicable environmental rules, regulations, statutes and permit conditions.
    2. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:


      3. Craig Henry, Enforcement Case Manager

      Office of Enforcement

      Indiana Department of Environmental Management

      100 N. Senate Avenue

      P. O. Box 6015

      Indianapolis, IN 46206-6015

    3. Respondent is assessed a civil penalty of One Thousand Six Hundred ($1,600.00) Dollars. Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.
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: Cashier

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by Order paragraph 4 is not paid within thirty (30) days of the Effective Date of this Agreed Order, 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.
    1. 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.
    2. 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.
    3. 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.
    4. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.


TECHNICAL RECOMMENDATION:                                 RESPONDENT:
Department of Environmental Management                             Paul Lueken, d/b/a Lueken Dairy Farm
By: _________________________                                     By: _________________________
Paul Higginbotham
Chief, Solid Waste/UST                                                         Printed: ______________________
Office of Enforcement                                                            Title: ________________________
Date: ________________________                                     Date: ________________________
 
 

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: _________________________ By: ________________________

Office of Legal Counsel

Date: _______________________ Date: ______________________
 
 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2003.
 

For the Commissioner:

Adopted February 4, 2003

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs