STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2019-26012-C
					)
RIVERVIEW FARMS INC.,					)
					)
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 Indiana Code (“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 IC 13-13-1-1.

2. Respondent is Riverview Farms Inc., which owns/operates a confined feeding operation (“CFO”), Farm ID No. 611 located at 1916 West 300 North, in Washington, Daviess 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 May 15, 2019 via Certified Mail to:

Bryan Johnson, President and Registered Agent.

Riverview Farms Inc

2262 East County Road 500 North

Orleans, IN 47452

5. Respondent owns and operates a poultry Confined Feeding Operation. On November 1, 2018, IDEM issued a CFO Approval, Animal Waste Number AW-6802. The CFO Approval included the proposed construction of a 104,386 cubic foot liquid manure storage capacity geomembrane-lined lagoon identified as E4. Respondent engaged a commercial excavator and professional engineer to construct the E4 lagoon. The excavator incorrectly measured the dimensions for the lagoon, and as a result, the completed lagoon contained a capacity of 131,628 gallons. On February 13, 2019, Respondent submitted a new and complete CFO Application representing increased liquid storage capacity of lagoon E4. On March 11, 2019, IDEM issued a CFO Approval without Construction, Animal Waste Number AW-6817, with an increased storage capacity of lagoon E4 to 131,628 cubic feet.

6. During an investigation conducted on January 11, 2019 by a representative of IDEM, the following alleged violations were found:

a. Pursuant to 327 Indiana Administrative Code (“IAC”) 19-1-2(b), a person may not start construction of a CFO or expansion of a CFO that increases animal capacity or manure containment capacity, or both, without obtaining the prior approval of the department.

As noted in the record review of Respondent’s January 8, 2019 CFO Completed Construction Affidavit and Professional Engineer Certification Construction of Geomembrane Lined Liquid Manure Storage Structure Report, Respondent was found by IDEM to be in violation of 327 IAC 19-1-2(b) and the November 1, 2018 CFO Approval AW-6802. Specifically, Respondent failed to obtain approval prior to increasing the containment capacity for the egg wash water/process wastewater lagoon identified as E4 by 27,242 cubic feet. The final total capacity of 131,628 cubic feet is greater than the approved 104,386 total cubic feet construction capacity of the lagoon.

On February 13, 2019, Respondent submitted a new and complete CFO Application representing the increased liquid storage capacity of the existing geomembrane-lined lagoon E4.

On March 11, 2019, IDEM issued an Approval without Construction AW-6817 for the increased total capacity of lagoon E4.

b. Pursuant to IC 13-18-10(1), a person may not start construction of a confined feeding operation or expansion of a confined feeding operation that increases animal capacity or manure containment capacity or both without obtaining the prior approval of the department.

As noted in the record review of Respondent’s January 8, 2019 CFO Completed Construction Affidavit and Professional Engineer Certification Construction of Geomembrane Lined Liquid Manure Storage Structure Report, Respondent failed to obtain approval prior to construction of egg wash water/process wastewater lagoon-E4 that increased the manure capacity from the approved construction capacity of 104,386 cubic feet to a total capacity of 131,628 cubic feet.

7. The parties acknowledge that Respondent promptly addressed the alleged construction violation by submitting a CFO modification application to include the increased capacity of the E4 lagoon, which was ultimately approved by IDEM. 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 Three Thousand Seven Hundred Fifty Dollars ($3,750.00). Said penalty amount shall be due and payable to the “Environmental Management Special Fund” within thirty (30) days of the Effective Date; the 30^th 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

Accounts Receivable

IGCN, Room N1340

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 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 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. Nothing in this Agreed Order shall prevent or limit 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 communication with the EPA or any other agency or entity.

13. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: _________________________				By: _________________________
	Linda L. McClure, Section Chief
	Land Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: __________________				Date: ________________________
				COUNSEL FOR RESPONDENT:
				By: __________________________
				Date: _________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_________	DAY OF	________________________,	20__.
				For the Commissioner:
				_Signed on 8/26/2019_______
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality