NOTICE OF VIOLATION
|
Via
Certified Mail #: |
Via
Certified Mail #: |
||||
|
|
|
|
|
||
|
|
|
|
|
||
|
|
|
|
|
||
|
To: |
Mr.
Brian Reichart President Red
Gold, Inc. |
To: |
Mr.
Brian Reichart Registered
Agent Red
Gold, Inc. |
||
Case No. 2005-14918-W
Based on an investigation, the Indiana Department of
Environmental Management (IDEM) has reason to believe that Red Gold, Inc.
(Respondent) has violated environmental statutes, rules and permits. The violations are based on the following:
1.
The Respondent owns and operates a tomato processing
facility located at
2.
The Respondent is authorized by National Pollutant Discharge
Elimination System (NPDES) Permit Number IN0004839 (Permit) to discharge industrial
wastewater treated in accordance with the terms and conditions of the NPDES
Permit from its WWTP into Loblolly Creek, a tributary to the Wabash River.
3.
Pursuant to 327 IAC 2-6.1-5 and 327 IAC 2-6.1-7, any person
who operates, controls, or maintains any facility from which a spill occurs
shall, upon discovery of a spill that damages waters of the state so as to
cause death or acute injury or illness to humans or animals:
(A)
Contain the spill, if possible, to prevent additional
spilled material from entering the waters of the state.
(B)
Undertake or cause others to undertake activities needed to
accomplish a spill response.
(C)
As soon as possible, but within two (2) hours of discovery,
communicate a spill report to the Department of Environmental Management.
(D)
Submit to the Department of Environmental Management, a
written copy of the spill report if requested in writing by the department.
(E)
Except from modes of transportation other than pipelines,
exercise due diligence and document attempts to notify the following:
(i)
For spills to surface water that cause damage, the nearest
affected downstream water user located within ten (10) miles of the spill and
in the state of
(ii)
For spills to soil outside the facility boundary, the
affected property owner or owners, operator or operators, or occupant or
occupants.
4.
Reportable spills of tomato waste process water from the
Site into Loblolly Creek, waters of the state, occurred on or about September
5, 2005 resulting in a fish kill, and were not properly contained, responded
to, and reported by Respondent in violation of 327 IAC 2-6.1-5 and 327 IAC
2-6.1-7.
5.
Pursuant to 327 IAC 5-2-2, any discharge of pollutants into
waters of the state as a point source discharge, except for exclusions made in
327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit
obtained prior to the discharge.
6.
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.
7.
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.
8.
Pursuant to Part I.A.2., of the Permit, the discharge from
Outfall 002 is limited to the cooling water from various coolers located
throughout the plant.
9.
Red Gold caused and/or allowed the discharge of tomato waste
process water, organic matter, from
Outfall 002 on or about September 5, 2005, into Loblolly Creek (waters of the
state) resulting in a fish kill, in violation of 327 IAC 2-1-6(a)(1), 327 IAC
5-2-2, and the Permit, and thus violated IC 13-18-4-5 and IC 13-30-2-1(1).
10.
Pursuant to 327 IAC 2-1-6(a) and Part I.B. of the Permit,
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.
At all times, all waters outside of mixing zones
shall be free of substances in concentrations which on the basis of available
scientific data are believed to be sufficient to injure, be chronically toxic
to, or be carcinogenic, mutagenic, or teratogenic to humans, animals, aquatic
life, or plants.
11.
Red Gold, Inc. caused or contributed to the contamination of
waters of the state at Loblolly Creek by discharging from Outfall 002,
materials which were in amounts sufficient to be acutely toxic to, or to
otherwise severely injure or kill aquatic life, other animals, plants or humans
on or about September 5, 2005 in violation of 327 IAC 2-1-6(a) and Part I.B. of
the Permit.
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 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 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 Ms. Christina Sorensen at 317/233-1190
within 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 July 10, 2006 |
|
|
|
|
Matthew
T. Klein |
|
|
|
|
Assistant
Commissioner for |
|
|
|
|
Compliance
& Enforcement |
cc: Adams County Health Department