STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE )
DEPARTMENT OF ENVIRONMENTAL )
MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. B-2419
)
)
ROSE ACRE FARMS, INC., )
)
Respondent. )
NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
VIA CERTIFIED MAIL No.
To: Mrs. Lois M. Rust, President Mr. Tony A. Wesner, Registered Agent
Rose Acre Farms, Inc. Rose Acre Farms, Inc.
P. O. Box 1250 6874 N. Baseroad
Seymour, IN 47274 Seymour, IN 47274
This Notice and Order of the Commissioner of the Department of Environmental Management ("Order") is issued against the Respondent for violation of the Indiana Environmental Management Act. This Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC 13-30-3-11, and is based on violations found during site investigations conducted by the Indiana Department of Environmental Management (IDEM) on June 8 and October 20/21, 1998. During those investigations it was determined that the Respondent was in violation of IC 13-30-2-1, IC 13-18-4-5, 327 IAC 2-1-6(a)(1), and 327 IAC 5-2-2, as specified below:
FINDING OF VIOLATION
1. Respondent, Rose Acre Farms, Inc, (ARespondent@) owns and operates the Jenn Acres facility, located at 1895 E, 200N, south of U.S. 50, near North Vernon, Jennings County, Indiana (the "Site@).
2. During the site investigations cited above, IDEM determined that a pipe originally installed to drain water from the foundation drains was also collecting surface water between the poultry buildings. The surface water was being contaminated prior to entering the pipe. This pipe runs under ten of the poultry houses on the site, and discharges to the roadside ditch. The water discharged from this point has a visible color. Ammonia nitrogen samples were collected from the discharge and the ditch, and analyzed on site using a field test kit. The sample results showed high levels of ammonia nitrogen.
3. Pursuant to IC 13-30-2-1, no person may discharge, emit, cause, allow or threaten to discharge, emit, cause or allow any contaminant or waste into the environment in any form which causes pollution which violates rules, standards, or discharge or emission requirements adopted by the appropriate board pursuant to this article. The discharge as described above constitutes a release of a contaminant or waste into the environment causing pollution, in violation of IC 13-30-2-1.
4. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of this state any organic or inorganic matter that shall cause or contribute to a polluted condition of any waters, according to any rule of the board under IC 13-18-4, sections 1 and 3. The discharge of contaminated runoff as described above constituted a disposal of organic or inorganic matter which caused a polluted condition, in violation of IC 13-18-4-5.
5. 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:
(A) that will settle to form putrescent or otherwise objectionable deposits;
(B) that are in amounts sufficient to be unsightly or deleterious;
(C) that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;
(D) which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans; and
(E) which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.
The discharge of contaminated runoff constitutes a violation of 327 IAC 2-1-6(a)(1), in that there is a visible color, and that the measured ammonia concentrations were and are in amounts sufficient to injure or kill aquatic life and contribute to the growth of algae.
6. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into the waters of the state as a point source discharge is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge. The Respondent has discharged and continues to discharge contaminated stormwater into an unnamed ditch without a valid NPDES permit obtained prior to the discharge, in violation of 327 IAC 5-2-2.
7. On June 23, 1999, a Notice of Violation was issued, pursuant to IC 13-30-3-3 to the Respondent for violation of the above listed rules and statutes. Respondent received this Notice of Violation on July 1, 1999.
8. The Notice of Violation contained an offer to enter into an Agreed Order containing actions required to correct the violation.
9. Subsequent to the issuance of the NOV, the discharge of contaminated stormwater was again observed by IDEM staff on December 14, 1999, October 25, 2001, and October 31, 2001, among other dates.
10. More than sixty days have elapsed since Respondent was offered the opportunity to enter into an Agreed Order.
11. The Respondent has not entered into an Agreed Order resolving this violation.
ORDER
1. The Respondent shall immediately cease and desist violation of IC 13-30-2-1, IC 13-18-4-5, 327 IAC 2-1-6(a)(1), and 327 IAC 5-2-2.
2. The Respondent shall, within thirty days of the Effective Date of this Order, submit a complete application for an NPDES permit for the discharge of stormwater.
3. Within ninety days of the Effective Date the Respondent shall submit to IDEM for its approval a Compliance Plan (CP) which assures that water discharged from the Jenn Acres facility complies with the Indiana Water Quality Standards, and is in compliance with other applicable rules and statutes. This CP shall include but not be limited to:
a. A schedule for management, including treatment if necessary, of the collected water from the site that will assure compliance with applicable standards. This schedule shall include milestone dates for completion of tasks relative to the chosen method. The plan for compliance with this requirement may not provide for comingling of the collected stormwater with the egg wash water. Respondent shall notify IDEM within ten days of completion of each task for which a milestone date is established.
4. The CP is subject to the approval of IDEM. If the CP is deemed inadequate by IDEM, a revised CP shall be submitted within fifteen days of receipt of notice from IDEM of the inadequacies thereof. If, after submission of the revised document, IDEM still finds the document to be inadequate, then IDEM will request further modification of the CP as necessary to meet IDEM's requirements. If the subsequently submitted modification of the CP does not meet IDEM's approval, IDEM will require specific modifications to be made to the CP and require re-submittal by a specific date. The Respondent, upon receipt of written notification from IDEM, shall immediately implement the approved CP and adhere to the milestone dates therein.
5. All submittals required by this Order, unless notified otherwise in writing, shall be sent to:
Mark Stanifer, Section Chief
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
6. The Respondent shall pay a civil penalty of Eight Thousand Seven Hundred Fifty Dollars ($8,750) for violation of IC 13-30-2-1, IC 13-18-4-5, 327 IAC 2-1-6(a), and 327 IAC 5-2-2. This penalty shall be remitted to the Department of Environmental Management within thirty days of the Effective Date of this Order. Checks shall be made payable to the Environmental Management Special Fund, with the Case Number indicated on the checks and mailed to:
Cashier
IDEM
P.O. Box 7060
Indianapolis, Indiana 46207-7060
7. This Order shall apply to and be binding upon the Respondent, its successors and assigns. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Order.
EFFECTIVE DATE OF ORDER
Pursuant to IC 13-30-3-5, this Order takes effect twenty (20) days following receipt unless you request review of this Order, before the twentieth day after receipt, by filing a written request for review with the Office of Environmental Adjudication, and serving a copy of the request for review upon the Commissioner of the Indiana Department of Environmental Management. You may request that the Office of Environmental Adjudication conduct a hearing to review this Order, under IC 4-21.5, in its entirety, or you may limit your request for review to specific findings of fact and/or orders contained in this Order. Requests for review must be submitted to the Office of Environmental Adjudication and the Commissioner of the Indiana Department of Environmental Management at the following addresses:
Director Commissioner
Office of Environmental Adjudication IDEM
ISTA Building Indiana Government Center North
150 W. Market Street, Suite 618 100 N. Senate
Indianapolis, Indiana 46204 P.O. Box 6015
Indianapolis, Indiana 46206-6015
Failure to properly submit a request for review, before the twentieth day following receipt of this Order of the Commissioner, waives your right to administrative review of this Order and your right to judicial review of the Order. The petition for administrative review must contain the following information:
a. Name, address, and telephone number of each person filing the petition.
b. Identification of the interest of each petitioner in the subject of the petition.
c. Statement of facts demonstrating that the petitioner is:
(A) a person to whom the order is directed;
(B) aggrieved or adversely affected by the order; or
(C) entitled to review under any law.
d. Statement with particularity the legal issues proposed for consideration in the proceedings.
The petition for administrative review should also contain the following information:
a. Identification of any persons represented by the person making the request.
b. Statement identifying the person against whom administrative review is sought.
c. A copy of the notice of the commissioner=s action issued by the department of environmental management which is the basis of the petition for administrative review.
d. Statement indicating the identification of petitioner=s attorney or other representative.
If you have procedural or scheduling questions regarding your request for review you may contact the Office of Environmental Adjudication at (317) 232-8591.
Dated at Indianapolis, Indiana, this day of , 2001.
Original document signed by Commissioner 1-11-2002
______________________________
Lori F. Kaplan
Commissioner
cc: Corinne Finnerty, McConnell & Finnerty
Jennings County Health Department
Rose Acres, Jenn Acres public file