STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
OF THE DEPARTMENT |
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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CARGILL,
INC., |
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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 Indiana Code (“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 IC
13-13-1-1.
2.
Respondent
is Cargill, Inc., which owns and operates the stationary wet corn milling
operation with Plant ID No. 089-00203, located at 1100 Indianapolis Blvd., in
Hammond, Lake 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 Electronic Mail to:
Cargill, Inc. |
CT Corporation Systems, |
Attn: David Wood MacLennan, President |
Registered Agent 334 North Senate Avenue |
15407 McGinty Road W, MS26 |
Indianapolis, IN 46204 |
Wayzata, MN 55391 David_MacLennan@cargill.com |
CTSOPReceipt@wolterskluwer.com |
5.
During
an investigation conducted by a representative of IDEM, the following violation
was found:
a.
Pursuant
to Part 70 permit 089-36144-00203 condition D.0.1, the Permittee shall comply
with the following emission limit, the 3 Gluten filters shall not exceed 0.42
pounds per hour of VOC.
On April 23,
2019, Respondent conducted a compliance stack test of the 3 Gluten Filters that
resulted in emissions of 2.65 pounds per hour of VOC, in violation of Part 70
permit 089-39653-00203 condition D.0.1.
6.
Respondent
was issued Significant Permit Modification 089-42327-00203 on March 3, 2020,
this modification re-routed emissions from the gluten filters to the gluten
dryer system. Respondent conducted
testing of the rerouted system and demonstrated compliance with the limit.
7.
Orders
of the Commissioner are subject to administrative review by the Office of Environmental
Adjudication under IC 4-21.5; however, in recognition of the settlement
reached, Respondent acknowledges notice
of this right and 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 Part 70 Permit
089-42481-00203 unless superseded by a modification or renewal.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Matthew
Chaifetz, Senior Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
4.
Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of
Eight Thousand Seven Hundred Fifty Dollars ($8,750.00). Within thirty (30) days
of the Effective Date of the Agreed Order, Respondent shall pay a portion of
this penalty in the amount of Two Thousand One Hundred Eighty-Seven Dollars and
Fifty Cents ($2,187.50) 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.”
In lieu of payment to IDEM of the remaining civil penalty, Respondent shall pay
Six Thousand Five Hundred Sixty-Two Dollars and Fifty Cents ($6,562.50) to the
Indiana Forest Alliance, Inc. as a Supplemental Environmental Project (“SEP”)
to protect and restore Indiana’s Forests. Respondent shall make such payment to
the Indiana Forest Alliance, Inc. within thirty (30) days of the Effective Date
of this Agreed Order. Payment of the specified amount to the Indiana Forest
Alliance, Inc. satisfies Respondent’s obligation to undertake a SEP to offset a
portion of the civil penalty assessed in this matter.
The SEP proceeds will be spent on initiatives, education
and community outreach with the goal of improving Indiana’s Forests.
In the event that Respondent does not make its SEP
payment within thirty (30) days of the Effective Date of this Agreed Order, the
full amount of the civil penalty as stated in this paragraph, plus interest
established by IC 24-4.6-1-101 on the remaining amount, less the portion of the
civil penalty Respondent has already paid, will be due to IDEM within fifteen
(15) days from Respondent’s receipt of IDEM’s notice to pay. Interest, at the
rate established by IC 24-4.6-1-101, shall be calculated on the amount due from
the date which is thirty (30) days after the Effective Date of this Agreed
Order until the full civil penalty is paid.
Payment for the SEP is payable by check to the “Indiana Forest Alliance, Inc.”
The text “SEP – Indiana Forest Alliance, Inc.” and the Case Number of this action
shall be included in the memo line of the check.
5.
Respondent shall provide Complainant with
documentation of payment to the Indiana Forest Alliance, Inc. within one (1)
week of such payment.
6.
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
Accounts
Receivable
IGCN, Room
1340
100 North
Senate Avenue
Indianapolis,
IN 46204
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 6,
above.
8.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
9.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
10.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
11.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of 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.
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 the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
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 violation specified in the NOV.
16.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. 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 U.S. EPA or any
other agency or entity.
17.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM has issued a Resolution of Case letter to Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Cargill, Inc. |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
Section |
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Title: |
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Office
of Air Quality |
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Date: |
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
the Department of Environmental Management |
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By: |
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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 THIS |
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DAY OF |
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2022. |
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For
the Commissioner: |
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Signed
on February 8, 2022 |
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Matthew
Stuckey |
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Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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