STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2018-25143-C
					)
culver duck farms, inc.,					)
					)
Respondent.					)

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 Culver Duck Farms, Inc. (“Respondent”), which owns and operates the facility with Farm ID #1345, (“Permit”) located at 12215 County Road 10, in Middlebury, Elkhart 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:

Dayton Frey, Vice President	Nick Schiffli, Registered Agent
Culver Duck Farms, Inc.	Culver Duck Farms, Inc.
PO Box 910	12215 County Road 10
12215 County Road 10	Middlebury, IN 46540
Middlebury, IN 46540

5. Respondent owns and operates a CFO duck farm, authorized to confine 42,270 ducks in eight (8) production barns designed with self-contained pits for solid and liquid manure storage.

6. During an investigation including an inspection on February 28, 2018, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 327 Indiana Administrative Code (“IAC”) 19-15-2(a)(8), the owner/operator of a CFO that plans to decommission a manure storage facility shall notify IDEM before demolishing or converting the use of any manure storage facility and notify of the intended future use of the manure storage facility if the manure storage facility is to be converted to another use.

As noted during the inspection on February 28, 2018, Respondent did not notify IDEM before decommissioning and/or repurposing three (3) buildings, building #11, #13, and #15 as noted on the facility detail sheet. Building #11 was demolished. Building #13 was repurposed from a breeder building to a developer building. Building #15 was destroyed due to a fire in 2007 and was rebuilt in a new location as a pedigree building.

b. Pursuant to 327 IAC 19-15-2(b), the owner/operator shall submit to IDEM a certification within thirty (30) days of completing the requirements of 327 IAC 19-15 that states compliance with the requirements of 327 IAC 19-15.

As noted during the inspection on February 28, 2018, Respondent did not submit to IDEM a certification within thirty (30) days of decommissioning multiple buildings at the Site.

c. Pursuant to Indiana Code (“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 prior approval of the department.

As noted during the inspection on February 28, 2018, Respondent started construction of a CFO without obtaining prior approval of the department. Specifically, construction of a developer building and a pedigree building were constructed without obtaining prior approval of the department.

d. Pursuant to 327 IAC 19-1-2, 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.

As note during the inspection on February 28, 2018, Respondent started construction of a CFO without obtaining prior approval of the department. Specifically, construction of a developer building and a pedigree building were constructed without obtaining prior approval of the department.

7. On March 28, 2018, IDEM received Respondent’s request to exit from the CFO program.

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. All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Trent Lindley, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

3. Respondent is assessed and agrees to pay a civil penalty of Eight Thousand Two Hundred Dollars ($8,200.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

4. 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:

Indiana Department of Environmental Management

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

5. 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 4, above.

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 its status or responsibilities under this Agreed Order.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: _______________________
				COUNSEL FOR RESPONDENT:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		______	DAY OF	________________________, 20_____.
				For the Commissioner:
				Signed on July 25, 2018
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality