STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

)

Complainant, )

)

v. ) Case No. A-3811

) (1997-2712-A)

)

Respondent. )

The Complainant and the 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.

1. FINDINGS OR FACT

1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Central Soya Company, Inc. (hereinafter referred to as "Respondent"), who owns and operates a soybean processing facility at 1200 North Second Street, Decatur, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

 

 

 

 

1. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

Terrence E. Quinlan, Registered Agent Carl L. Hausmann, President

Central Soya Company, Inc. Central Soya Company, Inc.

1300 Fort Wayne National Bank Bldg. P.O. Box 1400

Fort Wayne, Indiana 46802 Fort Wayne, Indiana 46802

2. Rule 326 IAC 6-2, in part, requires that particulate emissions from all facilities used for indirect heating purposes which were existing and in operation on or before June 8, 1972 be limited to 0.8 lb/mm Btu.
3. On September 10, 1996, a particulate emissions test was conducted on a coal-fired boiler owned and operated by Central Soya Company, Inc., Decatur, Indiana. That test showed average particulate emissions to be 1.12 lb/mm Btu, an alleged violation of 326 IAC 6-2.
4. The coal-fired boiler referred to in Paragraph six (6) above was installed and made operational in 1952 and therefore is subject to the provisions of 326 IAC 6-2.
5. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
6. 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.

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

Eric Larsen, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 North Senate Avenue

Post Office Box 6015

Indianapolis, Indiana 46206-6015

 

 

 

2. Respondent is assessed a civil penalty of Six Thousand Dollars ($6,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective date of this Agreed Order.
3. Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:

Cashier

IDEM

100 North Senate Avenue

P.O. Box 7060

Indianapolis, IN 46206-7060

4. In the event that the civil penalty required by paragraph four (4) is not made within thirty (30) days of the Effective date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
5. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Order.

Department of Environmental Management Department of Environmental Management Central Soya Company, Inc.

Title: Vice President-Processing_

For the Commissioner:

Patrick Carroll

Director