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STATE OF
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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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v. |
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Case No. 2017-24947-C |
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jaca company, llc d/b/a morning star |
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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 (“Respondent”),
which owns and operates the Confined Feeding Operation (“CFO”) with Farm ID
number 6072, located at 4202 East 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 |
Al
Riedstra, Member |
CT
Corporation System |
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JACA
Company, LLC d/b/a |
JACA
Company, LLC d/b/a |
JACA
Company, LLC d/b/a |
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Morning
Star Dairy |
Morning
Star Dairy |
Morning
Star Dairy |
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4204
N Scholl Rd |
55985
Frank Jones Rd. |
150
W. Market St., Suite 800 |
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Rolling
Prairie, IN 46371 |
Mendon,
MI 49072 |
Indianapolis,
IN 46204 |
5.
Respondent’s CFO is a Concentrated Animal
Feeding Operation (“CAFO”) sized facility, approved for a total capacity of
1,800 lactating dairy cows and 450 dry cows.
6.
During an investigation including an inspection
on November 17, 2017, conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant to 327 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.
On May 27, 2016, IDEM issued an approval
for the construction of two concrete manure lagoons. During construction of one of the lagoons,
the dimensions of the lagoon changed, resulting in an increase in manure containment
capacity. A facility change was
submitted to IDEM on August 11, 2017 and rejected on September 15, 2017 due to
the increase in manure capacity of the lagoon.
As noted during the inspection,
conducted on November 17, 2017, Respondent constructed and operated a
concrete/synthetic lined manure lagoon and a silage pad leachate collection
system without obtaining the prior approval of the department. Respondent submitted an application on
October 27, 2017, for the concrete/synthetic lined manure lagoon and silage
leachate collection system, but construction of the two structures was started
and completed and the structures are now in use without approval from IDEM.
b.
Pursuant to IC 13-18-10-1, 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.
On May 27, 2016, IDEM issued an approval
for the construction of two concrete manure lagoons. During the construction of one of the
lagoons, the dimensions of the lagoon changed, resulting in an increase in
manure containment capacity. A facility
change was submitted to IDEM on August 11, 2017 and rejected on September 15,
2017 due to the increase in manure capacity of the lagoon.
As noted during the inspection,
conducted on November 17, 2017, Respondent constructed and operated a
concrete/synthetic lined manure lagoon and a silage pad leachate collection
system without obtaining the prior approval of the department. Respondent submitted an application on
October 27, 2017, for the concrete/synthetic lined manure lagoon and silage
leachate collection system, but construction of the two structures was started
and completed and are now in use without approval from IDEM.
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 statute and rule
listed in the findings above.
3.
Respondent shall respond to any Notice of
Deficiency (“NOD”) issued by IDEM’s CFO 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 6.
4.
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 |
5.
Respondent is assessed and agrees to pay a
civil penalty of Nine Thousand Dollars ($9,000.00). 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”.
6.
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 #3 |
$200 per
week late |
7.
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.
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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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 |
9.
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 8, above.
10.
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.
11.
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.
12.
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 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.
14.
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.
15.
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.
16.
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
Section |
Printed: ______________________ |
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Office of
Land Quality |
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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
March 27, 2018 |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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