NOTICE OF VIOLATION
|
Via Certified Mail #: |
||
|
|
|
|
|
To: |
Mark Prickel,
President & Registered Agent |
|
|
|
MAPNAP Farms, Inc. |
|
|
|
|
|
|
|
|
|
Case No. 2004-14236-S
Based on
investigations on March 29 and
1.
Respondent
owns and/or operates a confined animal feeding operation with ID number 3414
located at 4816 East County Road 1250 North in Batesville, Ripley County,
Indiana (the “Site”).
2.
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 hours of
discovery, communicate a spill report to the Department of Environmental
Management, Office of Environmental Response.
Reportable spills of animal manure from the Site into Bob’s Creek, waters of
the state, occurred on or about March 29 and 30, 2004 and were not properly contained and/or responded to, a violation
of 327 IAC 2-6.1-7.
3.
Pursuant to 327 Indiana Administrative Code (“IAC”)
2-1-6(a), 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 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
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 Respondent caused and/or allowed the discharge of
animal manure from the Site on or about March 29 and 30, 2004 into Bob’s Creek,
waters of the state, that settled to form putrescent or
otherwise objectionable deposits that was in an amount sufficient to be
unsightly or deleterious that produced color, visible oil sheen, odor, or other
conditions in such degree to create a nuisance, a violation of 327 IAC
2-1-6(a)(1).
4.
Pursuant
to 327 IAC
The Respondent caused and/or allowed the discharge of animal manure, a
pollutant, from the Site on or about March 29 & 30, 2004 into Bob’s Creek
waters of the state, without a valid NPDES permit and without meeting any of
the exclusions in 327 IAC 5-2-4, in violation of 327 IAC 5-2-2.
5.
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 IC 13-18-4-1 and IC 13-18-4-3.
The Respondent caused and/or allowed the discharge of animal manure, an organic
matter, from the Site on or about March 29 & 30, 2004 into Bob’s Creek
waters of the state, in violation of 327 IAC 2-6.1-7, 327 IAC 2-1-6(a)(1) and
327 IAC 5-2-2, and thus violated IC 13-18-4-5.
6.
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 which would
violate rules, standards, or discharge or emission requirements adopted by the
appropriate board under the environmental management laws.
The Respondent caused and/or allowed the discharge of
animal manure, a contaminant or waste, into the environment from the Site on or
about March 29 and 30, 2004, in violation of 327 IAC 2-6.1-7, 327 IAC 2-1-6(a)(1)
and/or 327 IAC 5-2-2, and thus violated IC
13-30-2-1(1).
7.
Pursuant
to 327 IAC 15-15-4 (a), all waste management systems must be designed,
constructed, and maintained to minimize leaks and seepage and prevent
spills. Unless otherwise specified, all
requirements under this section must be met by the date of permit coverage.
The Respondent did not manage the waste management system to avoid leaks and
seepage and to prevent spills, in violation of 327 IAC 15-15-4 (a).
8.
Pursuant
to 327 IAC 15-15-4 (g), existing swine CAFOs must
meet the following requirements and effluent limitations for the CAFO
production areas as of the date of the permit coverage: There must be no
discharge of manure, litter, or process wastewater pollutants to the waters of
the state.
The Respondent did not meet the requirements of its NPDES permit by allowing a
discharge of manure into Bob’s Creek, waters of the state, in violation of 327
IAC 15-15-4 (g).
In accordance with IC 13-30-3-3, the Commissioner
herein provides notice that violations may exist and offers an opportunity to
enter into an Agreed Order providing for the action 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.
As provided in IC 13-30-3-3, an alleged violator may
enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order,
thereby resulting in quicker correction of the environmental violations 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 violations.
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 violations 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 Melissa Farrington at 317-232-8409
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 |
|
|
|
|
Matthew T. Klein |
|
|
|
|
Assistant Commissioner for
Compliance |
|
|
|
|
and Enforcement |
cc: Ripley County Health Department
CFO
Log # 3414