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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
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Complainant, |
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v. |
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Case No.
2013-21732-C |
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Ridgeline pork, llc, |
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Respondent. |
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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 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 Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is Ridgeline Pork, LLC
(“Respondent”), which owns/operates the Confined Feeding Operation with Farm ID
Number 707, located at 7251 Snowden Road, in Liberty, Union County, Indiana
(“Site”).
3.
IDEM 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 (NOV) via Certified Mail to:
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Jeff Wuebker,
Owner |
Lance Like, Registered Agent |
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Ridgeline Pork, LLC |
Ridgeline Pork, LLC |
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11637 Versailles-Yorkshire Rd. |
320 W. Eighth Street |
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Versailles, OH 45380 |
Bloomington, IN 47404 |
5.
During an investigation including an
inspection on December 10, 2012, March 8, 2013, April 11, 2013 and April 26,
2013, conducted by a representative of IDEM, the following violations were
found:
a.
Pursuant to 327 IAC 19-3-1(f), manure must be
applied in such a manner as to: (1) not threaten or enter waters of the state;
(2) prevent: (A) ponding for more than twenty-four (24) hours; (B) manure
releases; and (C) spills; and (3) minimize nutrient leaching beyond the root
zone.
As noted during the inspection on
April 11, 2013, Respondent land applied manure to the field north of Ridgeline
Pork, LLC which resulted in an unpermitted discharge to an unnamed ditch and
Templeton Creek.
b.
Pursuant to 327 IAC 19-7-6(b), mortality
composting sites must meet all of the following criteria: (1) be constructed
and operated: (A) to prevent: (i) leaching, either
through the use of earthen compaction or a concrete pad; and (ii) run-on and
runoff of storm water; and (B) in accordance with IC 15-17-11 and (2) comply
with setbacks listed in 327 IAC 19-12-3.
As noted during the inspections on
December 10, 2012, March 8, 2013 and April 26, 2013, Respondent did not control
the run-on and runoff from the manure and did not apply manure in accordance
with manure application requirements.
c. Pursuant to 327 IAC 19-11-2(b), the
following storm water management practices must be implemented: (1) Good
housekeeping. All areas that may
contribute pollutants to storm water discharges should be maintained in a
clean, orderly manner. (2) Preventative maintenance. A preventative maintenance
program including timely inspection and maintenance schedule of storm water
management devices. (3) Sediment and erosion control. Identify areas that, due to topography,
activities, or other factors, have a high potential for significant soil
erosion and identify structural, vegetative, and initiate stabilization
measures to limit erosion. (4) Management of storm water run-off. Practices (other than those that control the
generation or source or sources of pollutants) used to divert, infiltrate,
reuse, or otherwise manage storm water run-off so as to reduce pollutants in
storm water discharges from the site.
As noted during the inspections on
December 10, 2012, March 8, 2013 and April 26, 2013, the animal mortality
compost area did not have adequate run-on/run-off control measures. Storm water management practices were not
being implemented.
d. Pursuant to 327 IAC 19-14-6(a), except
as otherwise provided under this section, application of manure and process
wastewater must be in accordance with the setbacks in Table A: Manure Application Setback Distances, from
Indiana NRCS conservation practice standard 633: Waste Utilization, October 2007.
As noted during the inspection on
April 11, 2013, manure land applied on April 10, 2013, did not meet the setback
requirements from private wells. During
the land application event, the distance from a neighboring private well was 44
feet instead of 50 feet.
e. Pursuant to 327 IAC 19-14-6(b), when
planning land application, the owner/operator must take into account the: (1)
weather forecast and likelihood of precipitation events for the twenty-four
(24) hour period before and after the application; and (2) site soil
conditions; to assure that manure and process wastewater are not applied
before, during, or immediately following a rain event that, when combined with
soil conditions, would likely result in runoff.
As noted during the inspection on
April 11, 2013, the land application event did not meet the criteria set forth
in 327 IAC 19-14-6(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 Complainant or Complainant’s
delegate, and has been received by Respondent.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondent shall comply with the statutes,
rules, and/or permit conditions listed in the findings above.
3.
When land applying manure, Respondent shall
evaluate land application planning and procedures to prevent future releases.
Specifically, Respondent shall take necessary actions to prevent any
unpermitted discharge to waters of the state.
4.
When land applying manure, Respondent shall
control run-on and run-off from the dead animal compost area and apply compost
in accordance with manure application requirements.
5.
Respondent shall implement storm water
management practices at all times.
6.
Respondent shall comply with the setbacks set
forth in Table A: Manure Application Setback Distances, from Indiana NRCS
conservation practice standard 633: Waste Utilization, October 2007, for future
land application events.
7.
Within thirty (30) days of the Effective Date
of this Order, Respondent shall submit a plan to demonstrate that when planning
land application, the owner/operator will take into account the: (1) weather
forecast and likelihood of precipitation events for the twenty four (24) hour
period before and after application; and (2) site soil conditions; to assure
that manure and process waste water are not applied before, during, or
immediately following a rain event that, combined with soil conditions would
likely result in run-off.
8.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Sherri Bass, Enforcement Case
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Office of Land Quality – Mail Code
60-02L |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
9.
Respondent is assessed and agrees to pay a
civil penalty of Five Thousand Six Hundred Dollars ($5,600). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the 30th day being the “Due Date”.
10.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
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Paragraph |
Penalty |
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Order paragraph #7 |
$100 per week late |
11.
Stipulated penalties shall be due and payable
no later than the 30th day after Respondent receives written notice
that Complainant has determined a stipulated penalty is due; the 30th
day being the “Due Date”. Complainant
may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a
timely manner of stipulated penalty assessment shall not waive Complainant’s
right to collect such stipulated penalty or preclude Complainant from seeking
additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant 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.
12.
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 – Mail Code 50-10C |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
13.
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 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. Such interest
shall be payable to the Environmental Management Special Fund, and shall be
payable to IDEM in the manner specified in Paragraph 12, above.
14.
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.
15.
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.
16.
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.
17.
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 permits or any applicable Federal or State law
or regulation.
18.
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.
19.
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.
20.
Nothing in this Agreed Order shall prevent
IDEM or anyone acting on its behalf from communicating with the 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 the EPA or any other agency or entity.
21.
This Agreed Order shall remain in effect
until IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department of
Environmental Management |
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By:
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By: _________________________ |
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Nancy
Johnston, Section Chief |
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Enforcement
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Printed:
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Office of
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Title:
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Date: __________________ |
Date:
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COUNSEL FOR RESPONDENT: |
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By:
________________________ |
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Date:
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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For the
Commissioner: |
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Signed
November 25, 2013_ |
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Bruce H Palin |
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Assistant
Commissioner |
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Office of
Land Quality |
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