NOTICE OF VIOLATION
Via Certified Mail #: Via
Certified Mail #:
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To: J. T. Kautz, President |
Grain Processing Corporation |
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Grain Processing Corporation |
c/o C T Corporation System, Registered Agent |
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Case No. 2003-12656
Based on ongoing investigations, the Indiana Department of Environmental Management (IDEM) has reason to believe that Grain Processing Corporation (Respondent) has violated environmental rules. The violations are based on the following:
1. Respondent owns and operates a stationary corn processing facility, plant
ID. 027-00046, located at
2. Pursuant to 326 IAC 2-2, any owner or operator of a major stationary prevention of significant deterioration ("PSD") source which is to be constructed, must apply for and obtain a PSD permit prior to commencing construction and operation. As part of the original pre-construction permitting process, Respondent failed to identify volatile organic compound ("VOC") emissions from several emission units. These units, which were identified as emission units for other criteria pollutants, were included in the PSD permit issued to Respondent in 1997, but the units were not characterized as VOC emission units. As a result of this omission, the facility was considered minor for VOCs under 326 IAC 2-2, and Respondent avoided the requirements of PSD, including, but not limited to, the implementation of BACT. The construction and subsequent operation of these emission units without first applying for and obtaining the required PSD permit, constitute violations of 326 IAC 2-2.
In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation[s] may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violation[s] and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.
As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violation[s] occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violation[s] and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violation[s].
If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violation[s] and requiring the payment of 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 Matthew Stuckey at (317) 233-1134 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 on May 3, 2004)
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Rochelle Marceillars, U. S. EPA Region 5
Daviess County Health Department
Jay Rodia, Office of Legal Counsel
Gene Kelso, Office of Air Quality - SWRO
Matthew Stuckey, Office of Enforcement
Scott Fulton, Office of Air Quality - Permit Branch
Anthony Sullivan, Barnes & Thornburg
John Sparks, Environmental Services Manager, GPC
Enforcement File
OAQ Public File
http://www.ai.org/idem/