NOTICE OF VIOLATION

Via Certified Mail #:                                       Via Certified Mail #:

To:Lois Rust, President

Tony Wesner, Registered Agent

Rose Acre Farms, Inc.

6874 North Base Road

PO Box 1250

Seymour, Indiana 47274

Seymour, Indiana 47274

 

 

 

Case No. 2003-12837-A

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe Rose Acre Farms, Inc. (Respondent) has violated environmental rules and permits. The violations are based on the following:

1.      Respondent operates a bean meal plant with plant ID No. 071-00018 located at 6874 North Base Road in Seymour, Jackson County Indiana (the "Site").

2.      Pursuant to 40 CFR 60.40c, Subpart Dc, 326 IAC 3-5 and permit 071-9455-00018 operating condition No. 14, the Respondent is required to install, calibrate, maintain and operate a Continuous Emission Monitoring System (CEMS) for measuring opacity of the emissions discharged to the atmosphere and record the output of the system. Respondent submitted the excess emission report for 3rd Quarter 2002 which demonstrated the CEMS for boiler No. 9 had monitor downtime for 80.92 hours or 5.05% of 1601.53 hours of operation. Boiler No. 10 had monitor downtime for 86.32 hours or 4.61% of 1873.55 hours of operation. Respondent failed to continuously monitor opacity as required by 40 CFR 60.40c, Subpart Dc, 326 IAC 3-5 and permit 071-9455-00018 operating condition No. 14.

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violation 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 occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violation 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.

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 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.

Please contact Lynne Sullivan at (317) 233-5521 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

For the Commissioner: 

Date:    Signed 5/4/04

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 cc:       Jackson County Health Department

            Office of Legal Counsel

            Lynne Sullivan, Office of Enforcement

            Vaughn Ison, Office of Air Quality

            Karen Ampil, Office of Air Quality

            OAQ Public File

            Enforcement File

            http://www.in.gov/idem