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
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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LOUIS
DREYFUS COMPANY AGRICULTURAL INDUSTRIES LLC, |
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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 Louis Dreyfus Company Agricultural Industries LLC (“Respondent”), which owns
and operates the stationary refined bleached soybean oil, soybean salad oil,
soybean meal, and biodiesel manufacturing plant with Plant ID No. 085-00102,
located at 7344 State Road 15 South, in Claypool, Kosciusko County, Indiana
(“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
By letter dated November 8, 2020, Respondent waived
issuance of a Notice of Violation (“NOV”) and the settlement period of sixty
(60) days, as provided for by IC 13-30-3-3, for the violations described in the
Enforcement Action Letter issued to Respondent on July 17, 2020.
5.
During
an investigation including an inspection on June 26, 2020, conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant
to permit condition D.4.6(e)(1) of Part 70 Permit 085-39532-00102, and similar
conditions in subsequent permits, when the mineral oil flow rate for the
mineral oil absorber is below the minimum flow rate established during the
latest stack test, Respondent shall take reasonable response steps.
On numerous
occasions between January 1, 2019 and June 9, 2020,
the mineral oil flow rate for the mineral oil absorber was below the minimum
flow rate established during the latest stack test, and Respondent failed to
take reasonable response steps, in violation of permit condition D.4.6(e)(1) of
Part 70 Permit 085-39532-00102, and similar conditions in subsequent permits.
b.
Pursuant
to permit condition D.4.6(e)(2) of Part 70 Permit 085-39532-00102, and similar
conditions in subsequent permits, when the water flow rate for the water
absorber is below the minimum flow rate established during the latest stack
test, Respondent shall take reasonable response steps.
On numerous occasions between January 1, 2019
and June 9, 2020, the water flow rate for the water absorber was below the
minimum flow rate established during the latest stack test, and Respondent
failed to take reasonable response steps, in violation of permit condition
D.4.6(e)(2) of Part 70 Permit 085-39532-00102, and similar conditions in
subsequent permits.
c.
Pursuant
to permit condition D.2.5 of Part 70 Permit 085-41318-00102, stack testing for
particulate matter is required once every five years from the date of the most
recent valid compliance demonstration, or within 180 days of start-up, for
baghouses AF-4, AF-5 and AF-6.
Respondent failed to conduct timely stack tests for particulate
matter for baghouses AF-4, AF-5 and AF-6, in violation
of permit condition D.2.5 of Part 70 Permit 085-41318-00102.
6.
Stack
tests conducted on August 27 and 28, 2019, demonstrated compliance for baghouses
AF-4, AF-5 and AF-6.
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 Part 70 Permit
085-43889-00102 unless superseded by a permit revision or renewal.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Andrew Taylor,
Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
AKTaylor@idem.IN.gov
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Seventeen Thousand Four Hundred Dollars
($17,400.00). Said penalty amount shall
be due and payable to the Environmental Management Special Fund within thirty
(30) days of the Effective Date; the thirtieth day being the “Due Date.”
5.
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
6.
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 5,
above.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
8.
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.
9.
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.
10.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of 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.
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.
13.
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.
14.
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 this Agreed Order.
15.
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.
16.
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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Louis Dreyfus Company Agricultural Industries LLC |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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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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2021. |
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For
the Commissioner: |
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Signed
on December 2, 2021 |
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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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