NOTICE OF VIOLATION

 

 

Via Certified Mail# _______________ _________________

To: Carl L. Hausmann, President Terrence E. Quinlan

Central Soya Company, Inc. Resident Agent for Central Soya Company, Inc.

P.O. Box 1400 1500 Ft. Wayne Bank

Ft. Wayne, IN 46801 Fort Wayne, IN 46802

Case No. 2000-9663-W

Based on an investigation on September 1, 2000, by designated representatives of the Indiana Department of Natural Resources (IDNR) and the Indiana Department of Environmental Management (IDEM) at the Central Soya Company, Inc. soy protein processing plant located at 413 Cressy Avenue, Remington Indiana, in Jasper County (the "Site"), you were in violation of the following environmental rules and statutes:

A. Pursuant to 327 IAC 2-6.1-4(15), a spill is defined as any unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge or other loss of petroleum, hazardous and/or otherwise objectionable substance.

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 the waters of the state so as to cause death or acute injury or illness to humans or animals:

1. Contain the spill, if possible, to prevent additional spilled material from entering the waters of the state.

2. Undertake or cause others to undertake activities needed to accomplish a spill response.

3. As soon as possible, but within two (2) hours of discovery, communicate a spill report to the Department of Environmental Management.

4. Submit to the Department of Environmental Management, a written copy of the spill report if requested in writing by the department.

On September 1, 2000, an IDNR Conservation Officer investigated a fish kill in Carpenter Creek, East of US 231 and North of US 24 in Remington, Indiana. The creek water was black downstream for approximately 3/4 mile beginning at the point of a storm drain tile serving the Central Soya Company, Inc. soy protein facility. He checked a plant manhole that was connected to the storm drain tile and observed black water and the same odor as the water in Carpenter Creek at the site of the fish kill. The IDNR informed IDEM of the fish kill on September 1, 2000, and IDEM performed a site investigation. You failed to communicate a spill report to the Department of Environmental Management within two (2) hours of discovery of the wastewater spill, in violation of 327 IAC 2-6.1-5 and 327 IAC 2-6.1-7.

    1. Indiana Code IC 13-18-4-5 provides, in part, that it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of the 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 shall cause or contribute to a polluted condition of any waters. You caused or contributed to a polluted condition of waters of the state by discharging on September 1, 2000, a black, odorous wastewater to the storm sewer serving the Central Soya soy processing facility, which contributed to oxygen depletion to less than 1 mg/l at the site of the fish kill, in violation of IC 13-18-4-5.

    2. Pursuant to 327 IAC 2-1-6(a):

(1) 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;
    1. 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
    2. 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.
    1. 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.

The IDNR and IDEM investigation on September 1, 2000, noted a black, odorous wastewater discharged from Central Soya to the storm sewer which contributed to oxygen depletion to less than 1 mg/l at the site of the fish kill, and blackening of approximately 3/4 mile of Carpenter Creek, which constitute violations of 327 IAC 2-1-6.

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions 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.

Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and 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 Paul Cluxton at 317/232-8432 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as

 

 

 

 

 

 

provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

 

For the Commissioner:

 

Date: _______________ (Signed February 7, 2001)

Felicia A. Robinson

Assistant Commissioner of Enforcement

Enclosure

 

 

 

cc: Mr. Dale Perman, Plant Manager

Mr. Ron Robinson, Certified Operator

Mr. Bruce Messersmith, Superintendent, Remington Wastewater Treatment Plant

Jasper County Health Department