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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
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Complainant, |
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2023-29161-A |
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WEAVER
POPCORN MANUFACTURING, 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 Weaver Popcorn Manufacturing, LLC (“Respondent”), which owns and operates
the stationary grain elevator and popcorn processing plant with Plant ID No. 053-00033,
located at 408 West Landess Street, in Van Buren, Grant 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:
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Taft Service Solutions Corp., Registered Agent Weaver Popcorn Manufacturing, LLC |
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One Indiana Square, Suite 3500 |
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Indianapolis, IN 46204 |
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5.
During
an investigation including an inspection on March 22, 2022, and a stack test
report review conducted by a representative of IDEM, the following violations were
found:
Based
on the Enforcement Action Letter issued to Respondent on April 12, 2022, case
number 2022-28568-A contains the following violations:
a.
Pursuant
to conditions D.1.7 and D.1.10 of Federally Enforceable State Operating Permit
(“FESOP”) No. 053-35877-00033 (“FESOP 35877”) and corresponding conditions in
subsequent permits through FESOP No. 053-43015-00033 (“FESOP 43015”), visible
emission notations of the stack exhausts from dust collectors DC1, DC4, DC5,
DC8 through DC11, and DC-001 shall be performed and recorded once per day
during normal daylight operations, Respondent shall maintain daily records of
the visible emission notations of the dust collector stack exhausts.
Respondent
failed to perform and maintain daily visible emission notations of the stack
exhausts from dust collectors DC10 and DC11 from December 2016 through March
22, 2022, in violation of conditions D.1.7 and D.1.10 of FESOP 35877 and
corresponding conditions in subsequent permits through FESOP 43015.
b.
Pursuant
to conditions D.1.5(a) and D.1.5(c) of FESOP 43015, Respondent shall conduct
repeat testing within five (5) years of the most recent compliance
demonstration for particulate matter (“PM”), PM10, and PM2.5 emission limits on
dust collectors DC1, DC4, DC9, DC11, and a unit from Group B (DC10 or DC-001).
Respondent failed to conduct
repeat testing of dust collectors DC1, DC4, DC9, DC-001, and DC11, by no later
than March 23, 2022, in violation of conditions D.1.5(a) and D.1.5(c) of FESOP
43015.
c.
Pursuant
to condition D.1.5(b) of FESOP 43015, Respondent shall conduct repeat testing
within five (5) years of the most recent compliance demonstration for PM, PM10,
and PM2.5 emission limits on a Group A dust collector unit (DC5 or DC8).
Respondent failed to conduct testing on
a Group A dust collector unit (DC5 or DC8) by no later than March 23, 2022, in
violation of condition D.1.5(b) of FESOP 43015.
Based on the
Enforcement Action Letter issued to Respondent on January 24, 2023, case number
2023-29161-A contains the following violation:
6.
Respondent
conducted testing of PM, PM10, and PM2.5 emission limits on dust collectors
DC1, DC4, DC9, and DC-001 on March 29, 2022, with results indicating compliance
with FESOP 43015, conditions D.1.5(a) and D.1.5(c).
7.
Respondent
conducted testing of PM, PM10, and PM2.5 emission limits on dust collector DC5
on March 30, 2022, with results indicating compliance with FESOP 43015, condition
D.1.5(b).
8.
Respondent
conducted testing of the Natural Gas-Fired Emergency Generator (167.6-hp)
Kohler 125REZG 8.1L on August 2, 2022, with results indicating compliance with
FESOP 44220 condition E.1.3(11) and 40 CFR 60 Subpart JJJJ Table 1.
9.
On
March 31, 2023, Respondent applied for permit revision to remove the Natural
Gas-Fired Emergency Generator (67-hp) Kohler 50REZG 5.0 and the caramel corn
unit (identified as Unit 014, exhausting to DC11). On April 19, 2023,
Respondent was issued FESOP No. 053-46488-00033 which removed the units.
10.
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 environmental
rules and permit conditions listed in the findings of fact above.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Jennifer
Bailey, Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
JBailey2@idem.in.gov
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Thirty-Seven Thousand Six Hundred
Sixty-Two Dollars ($37,662.00). 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 the NOV.
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.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Weaver Popcorn Manufacturing, LLC |
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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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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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2024. |
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For
the Commissioner: |
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Signed
on June 10, 2024 |
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Matthew Stuckey, Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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