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STATE OF INDIANA |
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BEFORE THE
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COUNTY OF
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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.
2015-23386-C |
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JACA Company LLC D/B/A Morning |
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STAR
DAIRY, |
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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 JACA Company LLC d/b/a Morning
Star Dairy (“Respondent”), which owns/operates the Confined Feeding Operation (“CFO”)
with Farm ID number 6072, located at 4202 East CR 200 North in Rolling Prairie,
La Porte 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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Al
Riedstra, Manager |
CT
Corporation System, Registered Agent |
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Morning
Star Dairy |
for
JACA Company d/b/a Morning Star Dairy |
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4202
East CR 200 North |
150
W. Market Street, Suite 800 |
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Rolling
Prairie, Indiana 46371 |
Indianapolis,
Indiana 46204 |
5.
During an investigation including an
inspection on September 30, 2015, conducted by a representative of IDEM, the
following violations were found:
a. Pursuant to Indiana Administrative Code
(“IAC”) 19-1-2(b), a person may not start construction of a CFO or expansion of
a CFO that increases animal capacity or manure containment capacity, or both,
without obtaining the prior approval of the department.
During the inspection conducted on
September 30, 2015, it was noted that a milk parlor was
being constructed at the Site without prior approval from IDEM.
b. Pursuant to 327 IAC 19-3-1(d), all
waste management systems must be designed constructed and maintained to minimize
leaks and seepage and prevent manure releases or spills, as well as ensure
compliance with the water quality standards in 327 IAC 2.
During the inspection conducted on
September 30, 2015, it was noted that Respondent was
not maintaining the silage leachate collection system to prevent manure
releases or spills. There was leachate
outside the leachate collection system, east of the silage pad, which indicated
Respondent was not maintaining the leachate collection system adequately to
prevent leachate from accumulating outside the management system between the
silage pad and south west of building E6.
c.
Pursuant to Indiana Code (“IC”) 13-18-10(1),
a person may not start construction of a confined feeding operation or
expansion of a confined feeding operation that increases animal capacity or
manure containment capacity or both without obtaining the prior approval of the
department.
During
the inspection conduction conducted on September 30, 2015, it was noted that a milk parlor was being constructed at the
Site without prior approval from IDEM.
6.
On October 13, 2015, A Confined Feeding
Operation Approval with Construction was issued to
Respondent.
7.
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.
Respondent shall submit a Facility Change
Request that will include plans for a new silage pad and leachate collection
system, unless the plans for the silage pad and leachate collection system
involve a significant change regarding dimensions and capacity.
a.
The leachate collection system and at least
half of the silage pad must be completed by August 1,
2017.
4.
Immediately following the Effective Date, no
new silage can be added until the leachate collection
system reparations and at least half of the new silage pad is complete.
5.
Immediately following the Effective Date,
Respondent shall install and maintain a float controlled pump in the silage
runoff area and direct the wastewater to the liquid storage system, until the
new silage leachate collection system is installed.
6.
Respondent shall respond to any Notice of
Deficiency (“NOD”) issued by the Confined Feeding Section within the stated
timeframes in the NOD. If such
timeframes are not met, IDEM may assess stipulated
penalties as described in Order Paragraph 10.
7.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Trent Lindley, Enforcement Case
Manager |
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Office of Land Quality |
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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 |
8.
Respondent is assessed
and agrees to pay a civil penalty of Nine Thousand Two Hundred Dollars ($9,200). 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”.
9.
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 #3a |
$100 per week late |
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Order Paragraph #7 |
$100 per week late |
10.
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.
11.
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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Office of Legal Counsel |
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IGCN, Room N1307 |
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100 North Senate Avenue |
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Indianapolis, IN 46204 |
12.
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 11, above.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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: _________________________ |
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 on
November 22, 2016 |
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Peggy Dorsey |
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Deputy Assistant
Commissioner |
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Office of
Land Quality |
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