STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CASE NOS. 2000-9165-S
v. ) 2000-9215-S
)
CREIGHTON BROTHERS L.P., AND )
)
TODD HOFFMAN, D.B.A. HOFFMAN FARMS )
MANURE MANAGEMENT, )
)
Respondents. )
AGREED ORDER
The Complainant and the Respondents 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 IC 13-30-3-3(c), entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.
I. FINDINGS OF 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. Respondents are Creighton Brothers L.P., and Todd Hoffman, d.b.a. Hoffman Farms Manure Management (hereinafter referred to as "Respondents"). Creighton Brothers L.P. own a facility doing business at 1829 S. CR 950 W. Mentone, Kosciusko County, Indiana (hereinafter referred to as the "Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Creighton Brothers, L.P. Todd Hoffman
Ron Truex, General Manager d.b.a. Hoffman Farms Manure Mgmt
Old U.S. 30 West P.O. Box 46580 5640 W. CR 950 S.
Warsaw, IN 46580 Silver Lake, IN 46982-9264
5. An IDEM representative conducted an inspection at the Site on February 28, 2000.
6. Based on the above noted inspection, the Respondents were found in violation of the
following statute and rules:
A. Pursuant to IC 13-30-2-1(1), no person may 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 the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board pursuant to this article. This violation is based on the fact that on February 25, 2000, hog manure was allowed to discharge from the site into the environment.
B. Pursuant to 327 IAC 2-6.1-7, any person who operates, controls or maintains any
mode of transportation or facility from which a spill occurs shall, upon discovery
of a reportable spill to the soil or surface waters of the state, contain the spill, if
possible, to prevent additional spilled material from entering the waters of the state, undertake or cause others to undertake activities needed to accomplish a spill response, and as soon as possible, but within two (2) hours of discovery, communicate a spill to the Department of Environmental Management, Office of Environmental Response. This violation is based on the fact that on February 25, 2000, there was a spill of hog manure from the site that entered William Baker Ditch and was not properly contained and reported to IDEM.
C. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state
as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is
prohibited unless in conformity with a valid NPDES permit obtained prior to the
discharge. This violation is based on the fact that on February 25, 2000, hog manure was allowed to discharge from the site into the William Baker Ditch without a valid NPDES permit.
D. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including
the mixing zone, shall meet the minimum conditions of being free from
substances, materials, floating debris, oil, or scum attributable to municipal,
industrial, agricultural, and other land use practices, or other discharges. This
violation is based on the fact that on February 25, 2000, hog manure was allowed to discharge from the site into the William Baker Ditch.
7. In recognition of the settlement reached, Respondents waive 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 the Complainant or her delegate, and has been received by the Respondents. This Agreed Order shall have no force or effect until the Effective Date.
2. The Respondents shall comply with all applicable environmental rules and statutes.
3. Within One Hundred Twenty (120) days of the Effective Date of this Agreed Order, Respondent (Creighton Brothers) shall submit an application for a National Pollutants Discharge Elimination Systems (NPDES) permit for the Site. This NPDES permit application shall be sent to:
Len Ashack, Chief
Water Permitting Branch
Office of Water Management
IGCN, Room 1203
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
4. Within thirty (30) days of the Effective Date of this Agreed Order, Respondents shall submit their Spill Response Plans.
5. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Dirk Andres, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
6. Respondents are assessed a civil penalty of $1,650.00. 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.
7. In the event the following terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:
Violation Penalty
Order Condition #3 $100 per day NPDES application is not submitted
8. Civil and stipulated 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, Indiana 46207-7060
9. In the event that the civil penalty required by paragraph 5 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondents 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.
10. This Agreed Order shall apply to and be binding upon the Respondents, 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 this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondents shall in any way alter its status or responsibilities under 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 the Agreed Order did not contain the invalid terms.
12. The Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondents shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
13. This Agreed Order shall remain in effect until Respondents have complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENTS:
Department of Environmental Management
By:___________________________ By:____________________________
Paul Higginbotham, Chief
Solid Waste Section Printed:________________________
Office of Enforcement
Title:__________________________
Date:_________________________ Date:__________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENTS:
Department of Environmental Management
By:___________________________ By:____________________________
Office of Legal Counsel
Department of Environmental Management
Date:__________________________ Date:___________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS __________ DAY OF __________________, 2000.
For the Commissioner:
Signed on August 28, 2000
_________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement