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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
MARION |
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2017-24576-C |
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Larita taylor & brittany beier, |
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Respondents. |
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AGREED ORDER
Complainant
and Respondents 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. Respondents’ entry into this Agreed Order
shall not constitute a waiver of any defense, legal or equitable, which
Respondents 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.
Respondents are Brittany Beier
and LaRita Taylor, who own and/or operate the property with parcel number
51-10-07-300-026.000-007 located on Brooks Bridge Rd, in Loogootee, Martin 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 LaRita Taylor, property owner and
Brittany Beier, operator of the unpermitted Confined
Feeding Operation (“CFO”) located at the Site.
5.
Respondents own and operate a CFO with 690
finishing hogs.
6.
During an investigation including an inspection
on June 1, 2017, conducted by a representative of IDEM, the following violation
was found:
a.
Pursuant to IC 13-18-10-1(b); a person may not
operate a CFO without obtaining the prior approval of the department.
As noted during the inspection on June
1, 2017, Respondents operated a CFO without obtaining the prior approval of the
department. Respondents were operating a
hog farm with 690 finishing hogs.
7.
In recognition of the settlement reached,
Respondents waive 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 Respondents.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondents shall comply with the statute
listed in the findings above.
3.
Within sixty (60) days of the Effective Date,
Respondents shall comply with 327 IAC 19.
Specifically, Respondents shall submit a CFO Application for approval
regarding the facility confining 690 finishing hogs at the Site; or
a.
Within sixty (60) days of the Effective Date,
Respondents shall reduce the number of animals confined at the Site, to numbers
below the threshold required to have a permit under 327 IAC 19, and submit
documentation as evidence of the reduction.
A.
Documentation of the number of animals at the
Site shall be maintained at the Site until the facility is either permitted or
closed.
4.
Respondent shall respond to any Notice of
Deficiency (“NOD”), regarding a CFO Application for approval, issued by the
Confined Feeding Permitting Section within the stated timeframes in the
NOD. If such timeframes are not met,
IDEM may assess stipulated penalties as described in Order Paragraph 7.
5.
All submittals required by this Agreed Order,
unless Respondents are notified otherwise in writing by IDEM, shall be sent to:
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Trent Lindley, Enforcement Case
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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 |
6.
Respondents are assessed and agree to pay a
civil penalty of Five Thousand Six Hundred and Twenty Five Dollars ($5,625.00). Respondents are jointly and severally liable
for all civil penalty assessments, including stipulated penalties. 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”.
7.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondents shall
pay a stipulated penalty in the following amount:
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Paragraph |
Description |
Amount |
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Failure to submit CFO Application for
approval or reduce the number of confined animals |
$150/week
late |
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Failure to respond to NOD |
$100/week
late |
8.
Stipulated penalties shall be due and payable
no later than the 30th day after Respondents receive written notice
that Complainant has determined a stipulated penalty is due; the 30th
day being the “Due Date”. Complainant
may notify Respondents at any time that a stipulated penalty is due. Failure to notify Respondents 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 Respondents for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant from seeking additional relief against
Respondents 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.
9.
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
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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 |
10.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondents 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 Respondents
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 9, above.
11.
This Agreed Order shall apply to and be binding
upon Respondents and their successors and assigns. This Agreed Order shall
jointly and severally apply to and be binding upon Respondents and their
successors and assigns. Respondents’
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 Respondents shall in any way alter their status or responsibilities
under this Agreed Order.
12.
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.
13.
Respondents shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondents shall
ensure that all contractors, firms and other persons performing work under this
Agreed Order comply with the terms of this Agreed Order.
14.
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 Respondents pursuant to this Agreed
Order, shall not in any way relieve Respondents of their obligation to comply
with the requirements of their applicable permits or any applicable Federal or
State law or regulation.
15.
Complainant does not, by
its approval of this Agreed Order, warrant or aver in any manner that
Respondents’ 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 Respondents may incur as a result of
Respondents’ efforts to comply with this Agreed Order.
16.
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.
17.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondents.
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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
Section |
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
September 11, 2017______ |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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