NOTICE OF VIOLATION
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Via Certified
Mail No.: |
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Weston Foods US, LLC dba |
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50 Maplehurst Drive |
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Brownsburg, IN 46112 |
Case No. 2020-26963-W
Pursuant to Indiana Code (IC) 13-30-3-3, the Indiana
Department of Environmental Management (IDEM) issues this Notice of
Violation. Based on an investigation on
October 17, 2019, IDEM has reason to believe that Weston
Foods US, LLC dba Maplehurst Bakeries LLC (Respondent) has violated
environmental rules. The violations are based on the following:
1.
Respondent
owns/operates Maplehurst Bakeries LLC, located at 50 Maplehurst Drive,
Brownsburg, Hendricks County, Indiana (the Site).
2.
Respondent
is authorized by National Pollutant Discharge Elimination System (NPDES) Permit
Number INP000209 (the Permit) to discharge wastewater treated in accordance
with the terms and conditions of the NPDES Permit from
the Publicly Owned Treatment Works (POTW).
3.
Pursuant to 327 Indiana Administrative Code (IAC) 3-2-1.5,
no person shall cause or allow the construction, installation, or modification
of any water pollution treatment/control facility or sanitary sewer without a
valid construction permit issued by the commissioner.
Pursuant to 327 IAC 3-2-2, construction shall not commence until all
necessary state approvals and permits are obtained.
On October 17, 2019, IDEM determined that Respondent had begun
construction at the Site in May 2019, without a valid construction permit, in
violation of 327 IAC 3-2-1.5 and 327 IAC 3-2-2.
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
actions required to correct the violations and, as necessary and appropriate,
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 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 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
Jessica Irvine at 317-233-5975 or jirvi@idem.in.gov within 15 days after
receipt of this Notice to discuss resolution of this matter.
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For the
Commissioner: |
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Date:___________________ |
Signed
on May 28, 2020 |
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Samantha K.
Groce, Chief |
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Enforcement
Section |
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Surface
Water, Operations & |
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Enforcement
Branch |
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Office of
Water Quality |
cc: Hendricks
County Health Department