STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

FAUT FARMS INC.,

Respondent.

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Case No. 2005-14711-S

 

 

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 ("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 Faut Farms Inc., ("Respondent") which owns the confined feeding operation, Farm ID # 681, located at 6445 West 1200 North in New Palestine, Shelby County, Indiana (“Site”).

 

3.         The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

 

4.         Pursuant to IC 13-30-3-3, on May 17, 2006, IDEM issued a Notice of Violation via Certified Mail to:

 

William Faut, President

Faut Farms Inc.

6445 West  1200 North

New Palestine, Indiana   46163

 

5.         A records review on March 17, 2003, September 22, 2004, and December 6, 2004 was conducted by a representative of IDEM’s Office of Land Quality (OLQ).  The following violations were in existence or observed at the time of these record reviews:

 

Pursuant to 327 IAC 16-6-1(b)(3) the owner/operator of existing confined feeding operations shall comply with the following requirements by the effective date of this rule:  Manure management plan requirements in IC 13-18-10-2.3, and as described in 327 IAC 16-7-11.

 

327 IAC 16-7-11 (a) (3) states:  A manure management plan must be developed and submitted to the commissioner that, at a minimum, contains the following:  Legible maps of manure application areas.

 

Respondent did not submit legible maps of manure application areas by the effective date of this rule.

 

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 his delegate, and has been received by the Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.         Respondent shall comply with 327 IAC 16-6-1(b)(3).

 

3.         The Respondent shall, within thirty (30) days of the Effective Date, submit a complete Manure Management Plan (“MMP”), including legible maps of manure application areas, as required by 327 IAC 16-7-11.

 

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

 

Barbara Goldblatt, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Enforcement - MC 60-02

100 North Senate Avenue, IGCN 1315

Indianapolis, Indiana  46204

 

5.         Respondent is assessed a civil penalty of One Thousand Two Hundred Dollars ($1,200). 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.

 

6.         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

 

Failure to comply with Order paragraph No. 3

$100/week

 

7.         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.

 

8.         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:

 

Indiana Department of Environmental Management

Cashier’s Office – Mail Code 50-10C

100 North Senate Avenue

Indianapolis., Indiana  46204-2251

 

9.         In the event that the civil penalty required by Order paragraph No. 5 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.

 

10.       This Agreed Order shall apply to and be binding upon the Respondent, it’s 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.

 

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 the Agreed Order did not contain the invalid terms.

 

12.       The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.  The 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 shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Faut Farms Inc.

 

 

 

By:

 

 

By:

 

 

Janet Arnold, Chief

 

Printed:

 

 

Solid Waste Section

 

Title:

 

 

Office of Enforcement

 

 

 

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

 

, 2007.

 

 

For The Commissioner:

 

 

 

Signed on January 25, 2007

 

Robert B. Keene

 

Assistant Commissioner

 

Office of Legal Counsel and Enforcement