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BEFORE
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ENVIRONMENTAL
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COMMISSIONER
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OF
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Complainant, |
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Case
No. 2005-15299-S |
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JACKSON
DAIRY |
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Respondent. |
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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
1.
Complainant is the Commissioner (“Complainant”) of the Indiana
Department of Environmental Management, a department of the State of
2.
Respondent is Jackson Dairy Farm, Inc. (“Respondent”), which
owns and operates the confined feeding operation (“CFO”), CFO Approval No.
AW-4775, located at
3.
The Indiana Department of Environmental Management (“IDEM”)
has jurisdiction over the parties and the subject matter of this action.
4.
Pursuant to IC 13-30-3-3, on
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Robert
Jackson, President and |
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Registered
Agent |
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Jackson
Dairy Farm, Inc. |
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5.
Inspections, on August 10 and 19, 2005, were conducted at the
Site by representatives of IDEM’s Office of Land Quality (OLQ). The following violations were in existence or
observed at the time of these inspections:
6. Pursuant to IC 13-18-4-5, it is unlawful for any person to
throw, run, drain, or otherwise dispose into any of the streams or waters of
this state, or to 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, as determined
by a rule of the board adopted under IC 13-18-4-1 and
IC 13-18-4-3.
Respondent caused and/or allowed the discharge of animal manure,
an organic matter, from the Site on or about
7. Pursuant to IC 13-30-2-1(1), no person may 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 or into any publicly
owned treatment works in any form which causes or would cause pollution which
violates or which would violate rules, standards, or discharge or emission
requirements adopted by the appropriate board under the environmental
management laws.
Respondent caused and/or allowed the discharge of animal manure, a contaminant or waste, into the
environment from the Site on or about
8. 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 hours of discovery, communicate a spill report
to the Department of Environmental Management, Office of Environmental
Response.
Respondent operated and
controlled a facility from which reportable spills of animal manure, an
objectionable substance, occurred on or about
9. 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, floating debris, oil, or scum
attributable to municipal, industrial, agricultural, and other land use
practices, or other discharges:
(A) that will settle to form putrescent or otherwise objectionable
deposits;
(B) that are in amounts sufficient to be unsightly or deleterious;
(C) that produce color,
visible oil sheen, odor, or other conditions in such degree as to create a
nuisance;
(D) which are in amounts
sufficient to be acutely toxic to, or otherwise severely injure or kill aquatic
life, other animals, plants, or humans; and
(E) which are in
concentrations or combinations that will cause or contribute to the growth of
aquatic plants or algae to such degree as to create a nuisance, be unsightly,
or otherwise impair the designated uses.
Respondent caused and/or
allowed the discharge of animal manure, a substance or material, from the Site
on or about August 10, 2005, into waters of the state that
settled to form putrescent or otherwise objectionable deposits and/or that was
in an amount sufficient to be unsightly or deleterious and/or that produced
color, visible oil sheen, odor, or other conditions in such degree to create a
nuisance and/or was in amounts sufficient to be acutely toxic to, or otherwise
severely injure or kill aquatic life, other animals, plants or humans and/or are
in concentrations or combinations that will cause or contribute to the growth
of aquatic plants or algae to such degree as to create a nuisance, be
unsightly, or otherwise impair the designated uses,
in violation of 327 IAC 2-1-6(a)(1).
10. 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.
Respondent caused and/or allowed the discharge of
animal manure, a pollutant, from the Site on or about
11. Pursuant to 327 IAC 15-15-10(c), manure, litter, and process
wastewater must be in an approved storage structure until removed for land
application.
On or about
12. 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 2-6.1-7, 327 IAC 2-1-6,
327 IAC 5-2-2, IC 13-30-2-1, IC 13-18-4-5 and 327 IAC 15-15-10(c).
3.
Within one (1) year of approval by IDEM and the Grant County
Area Plan Commission, Respondent shall construct the modified manure management
system and the process wastewater collection system described in the Confined
Feeding Approval Application attached hereto and incorporated by reference at
“Appendix A”.
4.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
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Craig Henry, Enforcement Case Manager |
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Indiana Department of Environmental Management |
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Office of Enforcement – Mail Code 60-02 |
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5. Respondent is assessed a civil penalty of Seven Thousand
Eight Hundred ($7,800.00) Dollars. Said
penalty amount shall be due and payable to the Environmental Management Special
Fund per the following: Respondent shall
make four (4) equal quarterly payments of One Thousand Nine Hundred Fifty
Dollars ($1,950.00) each. The first installment of the civil penalty shall be
due and payable to the Environmental Management Special Fund within thirty (30)
days of the Effective Date of this Agreed Order. Each subsequent installment shall be due in
ninety (90) day intervals.
6. In the event the terms and conditions of the following
paragraph is violated, the Complainant may assess and the Respondent shall pay
a stipulated penalty in the following amount:
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Violation |
Penalty |
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Failure to comply with Order paragraph No. 3 |
$1,000.00 per 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:
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Indiana Department of Environmental Management |
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Cashier’s Office – Mail Code: 50-10C |
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9. In the event that each installment payment of the civil
penalty required by Order paragraph No. 5 is not paid on or before the due
date, 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
payment is paid in full.
10. 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.
11. 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.
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. 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 Respondent has
complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of
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Jackson Dairy Farm, Inc. |
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By: |
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Janet Arnold, Section
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Solid Waste/ |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of
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By: |
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By: |
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Deputy Attorney General |
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Date: |
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Date: |
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APPROVED |
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MANAGEMENT
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For the Commissioner: |
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Signed on |
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Robert B. Keene |
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Assistant Commissioner |
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Office of Legal Counsel
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