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STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. CENTRAL INDIANA ETHANOL, LLC, 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 Central Indiana Ethanol, LLC
(“Respondent”), which owns and operates a stationary ethanol plant with Plant
ID No. 053-00062, located at 2955 West Delphi Pike in Marion, Indiana, Grant
County. (“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:
Ryan Drook,
President & CEO Steve
Berry
Central Indiana Ethanol, LLC 2955 Delphi Pike
2955 Delphi Pike Marion, Indiana 46952
Marion,
Indiana 46952
5.
Resulting from a self-disclosure submitted to
IDEM by Respondent on October 22, 2015, the following violations were found:
a. Pursuant to permit 053-32070-00062,
condition E.3, Respondent shall perform (40 CFR 60.485a), record (40 CFR
60.486a), and provide semi-annual reports (40 CFR 60.487a) for Leak Detection
and Repair per requirements of Subpart VVa, Standards
and Performance for Equipment leaks of VOC in the Synthetic Organic Chemicals
Manufacturing Industry for Which Construction, Reconstruction, or modification
Commenced after November 7, 2006.
Respondent
has failed to perform (40 CFR 60.485a), record (40 CFR 60.486a) and provide semi-annual
reports (40 CFR 60.487a) for Leak Detection and Repair per Subpart VVa CFR 60.485a, 60.486a, and 60.487a, from July 2013 to
July 2015.
6.
In response to the issue identified above, and
as outlined in the October 22, 2015 letter to IDEM, Respondent engaged a third
party audit vendor to perform a full audit of Respondent’s LDAR Reporting
System. The Audit was completed the week
of October 12, 2015.
7.
Based on the recommendations of the Audit,
Respondent installed the LeakDas software to track
LDAR monitoring. Respondent has timely
filed semi-annual reports since October 2015.
8.
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 permit 053-37931-00062.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
David Zier, Compliance and Enforcement Manager
Compliance
and Enforcement Branch - Mail Code 61-53
Indiana Department
of Environmental Management
100 North Senate Avenue
Indianapolis,
IN 46204-2251
4.
Respondent
is assessed and agrees to pay a civil penalty of twenty four thousand seven
hundred fifty dollars ($24,750). 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.”
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:
IDEM
Office of Legal Counsel
IGCN,
Rm N1307
100 N Senate Ave
Indianapolis,
IN 46204
6.
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 their status or
responsibilities under this Agreed Order.
7.
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 5, above.
8.
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.
9.
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.
10.
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 permit or any applicable
Federal or State law or regulation.
11.
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.
12.
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 or the Findings of Fact
above.
13.
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.
14.
This
Agreed Order shall remain in effect until Respondent has complied with all
terms and conditions of this Agreed Order until IDEM issues a Resolution of
Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department of
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Central Indiana Ethanol, LLC |
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By: |
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Lynne
Sullivan, Chief |
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Printed: |
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Compliance
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Office of Air
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COUNSEL FOR
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Date: |
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APPROVED AND
ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS |
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DAY OF |
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, 2017. |
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For the
Commissioner |
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Signed on
September 12, 2017 |
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Keith
Baugues, Assistant Commissioner |
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Office of Air
Quality |
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Indiana
Department of Environmental Management |
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