STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
OF THE DEPARTMENT |
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2018-25510-C |
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MODEL T FARMS LLC, |
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Respondent. |
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AGREED ORDER
Complainant
and Respondent desire to settle and compromise this action without hearing or
adjudication of any issue of fact or law, and consent to the entry of the
following Findings of Fact and Order.
Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does
not constitute an admission of any violation contained herein. Respondent’s entry into this Agreed Order
shall not constitute a waiver of any defense, legal or equitable, which Respondent
may have in any future administrative or judicial proceeding, except a
proceeding to enforce this order.
I.
FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management (“IDEM”), a department of
the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is Model T Farms LLC, which owns/operates
confined feeding operation (“CFO”), Farm ID No. 6911, located at County Road
200 West and County Road 100 North, in Monon, White County,
Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) on October 31, 2018 via Certified Mail to:
Brian
Putt, Owner/Operator |
Tim
Gudeman, Registered Agent |
Model
T Farms LLC |
Model
T Farms LLC |
6061
South 1400 West |
17265
Cresent Moon Drive |
Francesville, IN 47946 |
Noblesville,
IN 46060 |
5.
Respondent own and operate a hog CFO. IDEM approved Respondent’s CFO application on
November 3, 2017.
6.
During an investigation on May 25, 2018 conducted
by a representative of IDEM, the following violations were found:
a.
Pursuant to Indiana Code (“IC”)
13-18-10-2.2(a), not more than thirty (30) days after the completion of
construction or expansion of a confined feeding operation, the applicant shall
execute and send to the department an affidavit that affirms under penalties of
perjury that the confined feeding operation:
(1) was constructed
or expanded; and
(2) will be operated;
in accordance
with the requirements of the department’s approval.
As noted during the investigation, Respondent
failed to submit the CFO Completed Construction Affidavit Form within thirty
(30) days after the date of completing the construction of building 1P and
prior to populating the building with swine.
IDEM received the Affidavit Form on May 25, 2018. The Affidavit indicates construction was completed
on February 22, 2018.
b.
Pursuant to 327 IAC 19-12-4(s), the applicant
shall execute and send to the commissioner an affidavit, under penalty of
perjury, that a waste management system was constructed, and shall be operated,
in accordance with the requirements of the approval and this article. The owner/operator shall submit to IDEM, on a
form provided by the department, the affidavit within thirty (30) days after
the date construction of an approved waste management structure is completed,
and prior to the introduction of any animals or manure. The affidavit must be completed, notarized,
and returned to IDEM assuring the waste management system was constructed and
shall be operated in accordance with the requirements of the approval. The affidavit must also include
identification of what parts of the waste management system are completed at
the time of submittal. If an owner/operator
performs partial construction of an approved facility and wishes to utilize
that portion prior to completing construction of the entire facility, multiple
affidavits shall be submitted. No
portion of a waste management system, including animal feed and similar
feedstock storage areas, shall be utilized unless that portion, or a
combination of the waste management system for that portion, is completely
constructed prior to the introduction of animals and provides a minimum of one
hundred eighty (180) days storage for manure, wastewater, and/or leachate.
As noted during the investigation,
Respondent failed to submit the Completed Construction Affidavit Form within
thirty (30) days after the completion of the construction of building 1P and
prior to populating the building with swine.
IDEM received the Affidavit Form on May 25, 2018. The Affidavit Form indicates construction was
completed on February 22, 2018.
Subsequent to receiving the completed Affidavit Form, an IDEM
representative was informed by the Respondent that building 1P was populated in
February 2018.
c.
Pursuant to 327 Indiana Administrative Code
(“IAC”) 19-12-4(d), all liquid manure storage facilities must be constructed
according to the Indiana NRCS Conservation Practice Standard Code 313: Waste
Storage Facility, October 2016.
Construction of all liquid manure storage facilities approved after the
effective date of this article must be certified upon completion by a
registered professional engineer on a form provided by the department. The engineer’s certification must be kept in
the operating record and submitted with the affidavit required by subsection (s).
As noted during the investigation,
Respondent failed to submit the Professional Engineer (“PE”) Certification
Construction of Concrete Liquid Manure Storage Structures Form within thirty
(30) days after the date of completing building 1P and prior to populating the
building with swine. IDEM received a
completed PE Certification Form on May 25, 2018. The PE Certification Form indicates
construction was completed on February 22, 2018. Subsequent to receiving the completed PE
Form, an IDEM representative was informed by the Respondent that building 1P
was populated in February 2018.
7. In recognition of the settlement reached,
Respondent waives any right to administrative and judicial review of this
Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s
delegate, and has been received by Respondent.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondent shall comply with the statutes,
rules, and/or permit conditions listed in the findings above.
3.
Respondent is assessed and agrees to pay a
civil penalty of One Thousand Six Hundred Dollars ($1,600). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the 30th day being the “Due Date”.
4.
The civil penalty is payable by check to the
“Environmental Management Special Fund.”
Checks shall include the Case Number of this action and shall be mailed
to:
Indiana Department of Environmental
Management |
Office of Legal Counsel |
IGCN, Room N1307 |
100 North Senate Avenue |
Indianapolis, IN 46204 |
5.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be
computed as having accrued from the Due Date until the date that Respondent pay
any unpaid balance. Such interest shall
be payable to the Environmental Management Special Fund, and shall be payable
to IDEM in the manner specified in Paragraph 4, above.
6.
This Agreed Order shall apply to and be binding
upon Respondent and its successors and assigns.
Respondent’s signatories to this Agreed Order certify that they are
fully authorized to execute this Agreed Order and legally bind the party they
represent. No change in ownership,
corporate, or partnership status of Respondent shall in any way alter its status
or responsibilities under this Agreed Order.
7.
In the event that any terms of this Agreed
Order are found to be invalid, the remaining terms shall remain in full force
and effect and shall be construed and enforced as if this Agreed Order did not
contain the invalid terms.
8.
Respondent shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondent shall
ensure that all contractors, firms and other persons performing work under this
Agreed Order comply with the terms of this Agreed Order.
9.
This Agreed Order is not
and shall not be interpreted to be a permit or a modification of an existing
permit. This Agreed Order, and IDEM’s
review or approval of any submittal made by Respondent pursuant to this Agreed
Order, shall not in any way relieve Respondent of its obligation to comply with
the requirements of its applicable permits or any applicable Federal or State
law or regulation.
10.
Complainant does not, by
its approval of this Agreed Order, warrant or aver in any manner that
Respondent’s compliance with any aspect of this Agreed Order will result in
compliance with the provisions of any permit, order, or any applicable Federal
or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held
liable for any costs or penalties Respondent may incur as a result of Respondent’s
efforts to comply with this Agreed Order.
11.
Nothing in this Agreed
Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive
relief under any applicable Federal or State law or regulation, except that
IDEM may not, and hereby waives its right to, seek additional civil penalties
for the same violations specified in the NOV.
12.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of
Environmental Management |
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By: _________________________ |
By: _________________________ |
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Linda
L. McClure, Section Chief |
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Land
Enforcement Section |
Printed:
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Office of
Land Quality |
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Title:
________________________ |
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Date: __________________ |
Date: ________________________ |
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COUNSEL FOR RESPONDENT: |
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By: __________________________ |
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Date __________________________ |
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APPROVED AND
ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS |
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OF |
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20__. |
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For the
Commissioner: |
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Signed on
July 8, 2019 |
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Peggy Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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