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. 2019-26408-C
					)
EGG INNOVATIONS, LLC D.B.A. VALLEY,					)
VIEW FARM					)
					)
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 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 Egg Innovations, LLC d.b.a. Valley View Farm (“Respondent”), which owns and operates the farm and property with Farm ID No. 851, AW 6430, located at 4407 Crystal Lake Road, in Warsaw, Kosciusko 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”) on October 30, 2019 via Certified Mail to:

Tana Wilhelmi,	Tana Wilhelmi,
Quality Assurance Manager	Quality Assurance Manager
Egg Innovations, LLC	Egg Innovations, LLC
dba Valley View Farm	dba Valley View Farm
4811 W 100 N	P.O. Box 1275
Warsaw, Indiana 46580	Warsaw, Indiana 46851

5. Egg Innovations, LLC dba Valley View Farm is the largest originator of 100% free range and pasture raised eggs. Egg Innovations, LLC dba Valley View Farm, holds an existing poultry Confined Feeding Operation (CFO) permit, Farm ID #851, renewed on October 3, 2019, effective October 31, 2019.

6. During an investigation including a record review on August 13, 2019 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 327 Indiana Administrative Code (“IAC”) 19-14-3(d), as of the effective date of this article, the following must comply with the phosphorus application rates in Table 1: (1) Large CAFOs, as defined in 40 CFR 122.23(b) that were approved for initial construction after February 13, 2003. (2) CAFOs with a NPDES permit. (3) CFOs approved for initial construction after the effective date of this article. Table 1 does not allow for any land application of manure to soils which have a phosphorous level above 200 ppm.

As noted during the record review, Respondent did not comply with the phosphorus application rates in Table 1. Based on the soil test dated May 21, 2018, phosphorus levels in the soils were above 200 parts per million (ppm).

b. Pursuant to 327 IAC 19-7-5(c), a soil test must be obtained that provides sufficient information about soil fertility to allow for nutrient recommendations for existing or planned crops. Soil tests may not represent more than twenty (20) acres per sample. The frequency of this testing must be specified in the manure management plan, and conducted a minimum of once every four (4) years unless a different frequency is approved by the department in writing and is included in the manure management plan.

As noted during the record review, Respondent provided a single soil test dated May 21, 2018, representing twenty-eight (28) acres.

On December 5, 2019, Respondent submitted a 2019 soil sample analysis to IDEM.

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 the rules listed in the findings of fact above.

3. Effective immediately, Respondent shall comply with 327 IAC 19-14-3(d). Specifically, Respondent shall restrict manure application on the field until phosphorus levels drop below two hundred (200) ppm.

4. Immediately upon the Effective Date, Respondent shall comply with 327 IAC 19-7-5(c) and ensure that a minimum of at least two (2) soil tests are completed if representing more than twenty (20) acres per sample.

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

Jodi Pisula, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

6. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Three Thousand Four Hundred Dollars ($3,400.00). Said penalty amount shall be due and payable to the “Environmental Management Special Fund" in twelve (12) installment payments. The first installment payment shall be Two Hundred Eighty-Seven Dollars ($287.00). The next eleven (11) installment payments shall be Two Hundred Eighty-Three Dollars ($283.00). The first installment shall be due within thirty (30) days of the Effective Date; the thirtieth day being the “Due Date.”, and the remaining installment payments shall be made every thirty (30) days thereafter.

7. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay stipulated penalties in the following amounts:

Paragraph	Stipulated Penalty
Order paragraph #3	$100.00 per week
Order paragraph #4	$100.00 per week

8. Stipulated penalties shall be due and payable no later than the thirtieth day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the thirtieth 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 a 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.

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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

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, 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 9, above.

11. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

12. 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.

13. 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.

14. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

15. 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.

16. 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.

17. 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.

18. 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 violations specified in the NOV.

19. 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.

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

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management				Egg Innovations, LLC d.b.a. Valley View Farm
By:________________________				By: _________________________
	Linda McClure, 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 3/9/20______
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality