Indiana Department of Environmental Management
We make Indiana a cleaner, healthier place to live.
Frank O'Bannon
100 North Senate AvenueGovernor P.O. Box 6015
Indianapolis, Indiana 46206-6015
Lori F. Kaplan
(317) 232-8603Commissioner (800) 451-6027
www.ai.org/idem
NOTICE OF VIOLATION
Via Certified Mail# _______________
To: Harold Cooper
Registered Agent for:
Premier Ag, LLC
P. O. Box 1947
Columbus, IN 47202
Case No. 2001-11030-S
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) and the Indiana Department of Natural Resources (IDNR) on October 29, 30 & 31 and November 1 & 6, 2001, Premier Ag, LLC, located at 766 W. Main St., Greensburg, Decatur County, Indiana ("Site"), was in violation of the following environmental rules and statutes:
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 report to the Department of Environmental Management, Office of Environmental Response. Premier Ag, LLC caused or allowed the discharge of liquid nitrogen fertilizer from the Site and failed to report and respond to the spill in a timely manner.
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 that will settle to form putrescent or otherwise objectionable deposits, that are in amounts sufficient to be unsightly or deleterious, that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance, 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 which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance. Premier Ag, LLC caused or allowed the discharge of liquid nitrogen fertilizer from the Site to waters of the state.
a point source discharge is prohibited, unless in conformity with a NPDES Permit obtained prior to the discharge. Premier Ag, LLC caused or allowed the discharge of liquid nitrogen fertilizer from the Site to waters of the state without a valid NPDES permit.
D. 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 into the environment or any publicly owned treatment works in any form that causes or would cause pollution. Pollutants were discharged from the Site into the Greensburg Reservoir, a waters of the state, causing pollution that resulted in a fish kill, in violation of 327 IAC 2-1-6(a)(1) and 327 IAC 5-2-2, which are rules adopted by the Indiana Water Pollution Control Board, and thus violated IC 13-30-2-1(1).
E. 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, or to cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters, any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under Sections 1 and 3 of this chapter. Liquid nitrogen fertilizer was discharged from the Site into the Greensburg Reservoir, a waters of the state, resulting in a polluted condition of waters causing a fish kill in violation of 327 IAC 2-1-6(a)(1), which is a rule adopted by the Indiana Water Pollution Control Board, and thus violated IC 13-18-4-5.
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.
Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order
without admitting that the violation occurred.
If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.
To discuss this matter further, please contact Craig Henry at (317) 233-1136 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.
For the Commissioner:
Date: _______________ Signed December 14, 2001
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Decatur County Health Department
Decatur County Public file
Capt. Anthony Wilson, IDNR (IGCS)
Spill Incident #2001-10-257 Public File