|
STATE OF
INDIANA |
) |
|
BEFORE THE
INDIANA DEPARTMENT |
||
|
|
|||||
|
COMMISSIONER
OF THE DEPARTMENT Complainant, v. REMINGTON
SEEDS, LLC, Respondent. |
) |
|
|||
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 Remington Seeds, LLC
(“Respondent”), which owns and operates the stationary seed processing
operation with Plant ID No. 131-00027, located at 15691 W 600 S in Francesville, Pulaski 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”) via Certified Mail to:
|
Julie
Overbeck, President Remington
Seeds, LLC |
National
Registered Agents, Inc., Registered Agent |
|
4746
West US 24 |
Remington
Seeds, LLC |
|
Remington,
IN 47977 |
150
W Market Street, Suite 800 |
|
|
Indianapolis,
IN 46204 |
5.
During a review of a permit application
submitted on March 28, 2017, conducted by a representative of IDEM, the
following violations were found:
a. Pursuant to 326 IAC 2-5.1-3(a), prior to
commencing construction of any emission unit which has potential emissions of
twenty-five (25) tons or more per year of any of the regulated pollutants
specified in clause (E) of this rule, the source shall apply for and obtain a
construction permit.
Respondent constructed equipment that produces regulated pollutants without
first applying for and obtaining a construction permit, in violation of 326 IAC
2-5.1-3(a).
b. Pursuant to 326 IAC 2-7-2, any major
source must obtain a permit prior to the operation of equipment that produces
regulated emissions.
Respondent operated a major source prior
to obtaining the proper operating permit, in violation of 326 IAC 2-7-2.
6. Respondent conducted a third-party
environmental audit of its Site, identifying that the Site required a permit
for its air emissions. Respondent
applied for a permit on March 28, 2017, and received Federally Enforceable
State Operating Permit (“FESOP”) No. 131-38391-00027 on November 21, 2017.
7. Orders of the Commissioner are subject to
administrative review by the Office of Environmental Adjudication under IC
4-21.5; however, in recognition of the settlement reached, Respondent
acknowledges notice of this right
and 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 rules listed
in the findings here and above at issue.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
|
Clare Parker, Case Manager |
|
Compliance and Enforcement Branch –
Mail Code 61-53 |
|
Indiana Department of Environmental
Management |
|
100 North Senate Avenue |
|
Indianapolis, IN 46204-2251 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Nine Thousand Dollars ($9,000.00). 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”.
5.
Respondent is assessed and agrees to pay
avoided annual FESOP fees for the previous five years in the amount of Nine
Thousand Three Hundred Seventy-Five Dollars ($9,375.00). Said fees shall be due
and payable to the Title V Investments Fund within thirty (30) days of the
Effective Date; the 30th day being the “Due Date”.
6.
Civil penalties are 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 |
|
Accounts
Receivable |
|
IGCN,
Room 1340 |
|
100
North Senate Avenue |
|
Indianapolis,
IN 46204 |
7.
FESOP fees are payable by check to the “Title V
Investments Fund.” A cover letter shall
accompany the check specifying that the FESOP fees shall be deposited into the
Title V Investments Fund. The check and
cover letter shall include the Case Number of this action and shall be mailed
to:
|
Indiana
Department of Environmental Management |
|
Accounts
Receivable |
|
IGCN,
Room 1340 |
|
100
North Senate Avenue |
|
Indianapolis,
IN 46204 |
8.
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.
9.
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
pays 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 6, above.
10.
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.
11.
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.
12.
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 permit or any applicable Federal or State law or
regulation.
13.
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.
14.
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.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the EPA or any other
agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not
be held liable for any costs or penalties Respondent may incur as a result of
such communications with the EPA or any other agency or entity.
16.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM has issued a Resolution of Case letter to Respondent.
|
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
|
Department
of Environmental Management |
|
Remington Seeds, LLC |
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
David
P. McIver, Chief |
|
Printed: |
|
|||
|
|
Enforcement
Section |
|
Title: |
|
|||
|
|
Office
of Air Quality |
|
|
|
|||
|
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
|
|
|
|||||
|
|
|
COUNSEL
FOR RESPONDENT: |
|||||
|
|
|
|
|||||
|
|
|
|
|||||
|
|
|
|
By: |
|
|||
|
|
|
|
|
|
|||
|
|
|
|
|
|
|||
|
|
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
|||||||
|
MANAGEMENT THIS |
|
DAY OF |
|
,
2019. |
|||
|
|
|||||||
|
|
For
the Commissioner |
||||||
|
|
|
||||||
|
|
Signed
on October 17, 2019 |
||||||
|
|
Matthew
Stuckey, Deputy Assistant Commissioner |
||||||
|
|
Office
of Air Quality |
||||||
|
|
Indiana
Department of Environmental Management |
||||||