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. 2024-29889-C
					)
EKO ACRES FARMS, LLC,					)
					)
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 Eko Acres Farms, LLC, which operates the facility with Farm ID No. 7061 (“Permit”), located at 1752 N 350 E, in Rolling Prairie, LaPorte County, Indiana (“Site”).

3. Respondent was issued a permit approval (“Approval”) for a Confined Feeding Operation (“CFO”) with construction on October 17, 2019, (VFC# 82851718). This CFO meets the definition of a Concentrated Animal Feeding Operation (“CAFO”).

4. IDEM has jurisdiction over the parties and the subject matter of this action.

5. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via certified mail to:

Michael A. Ekovich, Jr.	Michael Ekovich, Registered Agent for
Eko Acres Farms, LLC	Eko Acres Farms, LLC
1752 N 350 E	1366 N 250 E
Rolling Prairie, IN 46371	Rolling Prairie, IN 46371

6. During an investigation including an inspection on December 5, 2023, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to IC 13-30-2-1(1), a person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into:

(A) the environment; or

(B) any publicly owned treatment works;

in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the board under the environmental management laws.

At the time of the inspection, Respondent did not manage stormwater carrying manure and leachate silage consistent with the appropriate manure storage structures, resulting in this stormwater threatening to enter waters of the state.

b. Pursuant to 327 Indiana Administrative Code (“IAC”) 19-3-1(a), a Confined Feeding Operation shall be managed as to avoid an unpermitted discharge into waters of the state.

At the time of the inspection, Respondent did not manage stormwater carrying manure and leachate silage consistent with the appropriate manure storage structures, resulting in this stormwater threatening to enter waters of the state.

c. Pursuant to the Special Approval Condition of the Approval, Respondent is required to monitor the perimeter drain for structure P4 monthly. Any flow detected must be checked for the presence of ammonia nitrogen with a field test/sample kit, and visually inspected for discoloration, odor, and other indicators of the presence of livestock waste.

At the time of the inspection, Respondent failed to conduct perimeter tile monitoring as described in their approval.

d. Pursuant to 327 IAC 19-13-1(g), all earthen berms for manure storage structures must:

(1) be stabilized with vegetation or alternative erosion control measures; and

(2) be maintained to allow for visual inspection.

At the time of the inspection, Respondent was not properly maintaining earthen berms in accordance with 327 IAC 19-13-1(g).

e. Pursuant to 327 IAC 19-11-1(a), all CFOs that are defined as Concentrated Animal Feeding Operations (CAFOs) in 40 Code of Federal Regulations (“CFR”) 122.23(b)(2) and all CAFOs with a NPDES permit must meet the storm water requirements in 40 CFR 122.23(e) and 40 CFR 122.42(e)(1) through 40 CFR 122.42(e)(2).

At the time of the inspection, stormwater management issues were observed throughout the facility.

f. Pursuant to 327 IAC 19-12-3(a)(2)(B), waste management systems must be located three hundred (300) feet from drainage inlets, including water and sediment control basins.

At the time of the inspection, Respondent had installed a drainage inlet between P1 and P2 to help remove stormwater. The inlet does not meet the required 300-foot setback from a waste management system.

g. Pursuant to 327 IAC 19-4-1(b), the owner/operator of a CFO must comply with all terms and conditions of the approval and this article.

At the time of the inspection, it was observed that the P5 silage pad being used was not constructed as permitted and not in the location described in the approval.

h. Pursuant to 327 IAC 19-3-1(d), all waste management systems must be designed, constructed, and maintained to minimize leaks and seepage and prevent manure releases or spills, as well as ensure compliance with the water quality standards in 327 IAC 2.

At the time of the inspection, it was observed that the P5 silage pad being used was not constructed as permitted and not in the location described in the approval.

i. Pursuant to 327 IAC 19-6-1(d), any increase in animal capacity or manure containment capacity requires a new application under IC 13-18-10-1 and the requirements therein.

At the time of the inspection, it was observed that the P5 silage pad being used was not constructed as permitted and not in the location described in the approval.

j. Pursuant to 327 IAC 19-8-3(b), the owner/operator must submit written notification to the department of any changes to the operation as approved. The department will review the changes and decide if amendments are necessary. At any time the department may decide an amendment is necessary, and the owner/operator must comply with the amended approval.

At the time of the inspection, it was observed that the P5 silage pad being used was not constructed as permitted and not in the location described in the approval. Respondent failed to notify IDEM of this change to the operation as approved.

k. Pursuant to 327 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.

At the time of the inspection, manure had been applied to areas with greater than 200 parts per million (“ppm”) phosphorus.

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 statutes and rules listed in the findings of fact above.

3. Within thirty (30) days of the Effective Date, Respondent shall comply with IC 13-30-2-1(1) and 327 IAC 19-3-1(a). Specifically, Respondent shall recover or properly land apply the manure ponded in the pasture to prevent this manure entering waters of the state.

4. Within thirty (30) days of the Effective Date, Respondent shall comply with the October 17, 2019, CFO Approval with Construction, Special Approval Condition, Monitoring for Perimeter Drains (VFC#82851718). Specifically, Respondent shall conduct monthly monitoring of the perimeter drain for structure E14 and will continue for the lifetime of the manure management structure. The record of monitoring shall be kept in the operating record. Additionally, Respondent shall extend the height of the tile riser or cover the entry to reduce the potential for false positive readings from material that has fallen into the perimeter tile.

5. Within thirty (30) days of the Effective Date, Respondent shall comply with 327 IAC 19-13-1(g). Specifically, Respondent shall correct deficiencies in the earthen berm south of the E14 lagoon such that it is stabilized with vegetation or alternative control measures and maintained to allow for visual inspection.

6. Upon the Effective Date, Respondent shall comply with 327 IAC 19-11-1(a). Specifically, Respondent shall implement stormwater management practices as required in 40 CFR 122.23(e) and 40 CFR 122.42(e)(1) through 40 CFR 122.42(e)(2).

7. Upon the Effective Date, Respondent shall comply with 327 IAC 19-12-3(2)(B). Specifically, Respondent shall remove the drainage inlet constructed between E12 and E13 or reroute it in a manner that meets the required 300-foot setback from a waste management system.

8. Within one hundred eighty (180) days of the Effective Date, Respondent shall comply with 327 IAC 19-3-1(d), 327 IAC 19-6-1(c), 327 IAC 19-6-1(d), and 327 IAC 19-8-3(b). Specifically, Respondent shall not store sileage until the P5 sileage pad is constructed in accordance with the October 17, 2019, CFO Approval with Conditions. If Respondent desires to update the plans for the P5 silage pad, a Facility Change Application (State Form 50209) must be submitted and approved in writing before the P5 pad can be constructed with any changes. If an extension is needed for storing sileage at the Site, Respondent shall request the extension thirty (30) days prior to the 180-day deadline.

9. Upon the Effective Date, Respondent shall comply with 327 IAC 19-14-3(d). Specifically, Respondent shall cease applying manure to areas greater than 200 ppm phosphorus.

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

Elizabeth Phillips, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

11. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Thirty-Two Thousand Five Hundred Dollars ($32,500) to be paid in eleven (11) monthly installments of Two Thousand Seven Hundred Eight ($2,708) and one (1) monthly installment of Two Thousand Seven Hundred Twelve Dollars ($2,712). After this Agreed Order is adopted (signed by the Assistant Commissioner of the Office of Land Quality), Respondent shall pay by the due date printed on the Invoice that will be attached to the adopted Agreed Order.

Civil and stipulated penalties are payable to the “Indiana Department of Environmental Management” by:

Mail:

Civil penalties are payable by check to the “Indiana Department of Environmental Management.” Checks shall include the Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management

Accounts Receivable

P.O. Box 3295

Indianapolis, IN 46206

Online:

Accounts Receivable is accepting payments online by e-Check, Master Card, Visa or Discover. Please visit www.IN.gov/IDEM. Under Online Services, click Online Payment options and follow the prompts. A processing fee of $0.40 plus 2.06% will be charged for credit card payments.  A processing fee of $0.15 will be charged for eCheck payments.

The Case Number is required to complete the process.

Phone:

You may also call us at 317-234-3099 and follow the instructions for Master Card, Visa or Discover payments. A processing fee of $0.40 plus 2.06% will be charged for credit card payments.  A processing fee of $0.15 will be charged for eCheck payments.

The Case Number is required to complete the process.

12. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess, and Respondent shall pay a stipulated penalty in the following amount:

Paragraph	Stipulated Penalty
Order paragraph 3	$100 per week
Order paragraph 4	$100 per week
Order paragraph 5	$100 per week
Order paragraph 7	$100 per week
Order paragraph 8	$100 per week
Order paragraph 9	$100 per week

13. 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; at which time, a separate invoice will be issued. 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.

14. 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 an additional penalty of 10 percent, payable to “Indiana Department of Environmental Management,” and shall be payable to IDEM in the manner specified in Paragraph 11, above.

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

16. 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.

17. 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.

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

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

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

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management
By:			By:
	Jennifer Reno, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:	11/14/2024		Date:
			COUNSEL FOR RESPONDENT:
			By:
			Printed:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed by Brian Wolff on 3/5/25
			Brian Wolff
			Assistant Commissioner
			Office of Land Quality