Respondent Name: The Andersons, Inc. Delphi Grain Operations

Case Number: 2019-26304-A

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 The Andersons, Inc. Delphi Grain Operations (“Respondent”), which owns and operates the stationary grain storage and handling facility for corn, soybeans, and wheat with Plant ID No. 015-00026, located at 3854 North Anderson Drive in Delphi, Carroll County, Indiana (“Site”).

3. IDEM has jurisdiction over the parties and the subject matter of this action.

Patrick Bowe, CEO	National Registered Agents, Inc.,
The Andersons, Inc. of Ohio	Registered Agent
1947 Briar, P.O. Box 119	150 West Market Street, Suite 800
Maumee, OH 43537	Indianapolis, IN 46204

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via certified mail to:

5. At the time of an inspection conducted on June 5 and June 19, 2019, the following violations were in existence or observed at the Site by a representative of IDEM’s Office of Air Quality (“OAQ”).

a. Pursuant to Minor Source Operating Permit (“MSOP”) 015-28946-00026, issued August 12, 2010 (“Permit”), Conditions D.1.5 and D.1.7, Respondent shall take and record reasonable response steps to restore operation of the baghouses to their normal permitted operating range, when, for any one reading, the pressure drop across the baghouses is outside the normal range of 3.0 to 6.0 inches of water.

Respondent failed to document any response steps taken when the pressure drop readings for their receiving baghouses, identified as TD-1 and TD-2, were over 6.0 inches of water in January and February, 2019, in violation of Permit Conditions D.1.5 and D.1.7.

b. Pursuant to Permit Conditions D.1.5 and D.1.7, Respondent shall take and record reasonable response steps to restore operation of the baghouses to their normal permitted operating range, when, for any one reading, the pressure drop across the baghouses is outside the normal range of 3.0 to 6.0 inches of water.

Respondent failed to document any response steps taken when the pressure drop readings for their loading baghouses, identified as BH-1 and BH-2, were below 3.0 inches of water on various dates from January 2014 to June 19, 2019, in violation of Permit Conditions D.1.5 and D.1.7.

c. Pursuant to Permit Conditions D.1.5 and D.1.7, Respondent shall observe and record the total static pressure drop across the baghouses at least once per day when the grain receiving, internal handling, grain cleaning and grain shipping facilities are in operation or record the reason for the lack of a reading.

Respondent failed to provide the total static pressure drop for any of the baghouses for the month of December 2018, in violation of Permit Conditions D.1.5 and D.1.7.

d. Pursuant to Permit Conditions D.1.5 and D.1.7, Respondent shall observe and record the total static pressure drop across the baghouses at least once per day when the grain receiving, internal handling, grain cleaning and grain shipping facilities are in operation or record the reason for the lack of a reading.

Respondent failed to record the total static pressure drop or the reason for the lack of a reading for various baghouses on various dates from January 2014 to June 19, 2019, in violation of Permit Conditions D.1.5 and D.1.7.

6. 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 adopted via signature by Complainant or Complainant’s delegate, and the adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date. This offer to settle the allegations contained in this Agreed Order does not bind or obligate the parties of this enforcement action if the Agreed Order is not adopted.

2. Respondent is assessed a civil penalty of Five Hundred Dollars ($500.00). Respondent shall pay said penalty amount no later than fifteen (15) days after the Effective Date (“Due Date”). In the event that the civil penalty is not paid by the Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.

3. In the event the terms and conditions of this Agreed Order are violated, Complainant may seek additional relief.

4. 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, Rm 1340

100 N Senate Ave

Indianapolis, IN 46204

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the United States Environmental Protection Agency (“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.

11. Respondent warrants, at the time of its entry into this Agreed Order, that it is in compliance with the requirements of Permit Conditions D.1.5 and D.1.7.

12. The parties were free to consult with their respective counsel regarding entry into this Agreed Order to the extent each deemed necessary.

TECHNICAL RECOMMENDATION:			RESPONDENT:*
Department of Environmental Management			The Andersons, Inc. Delphi Grain Operations
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2019.
			For the Commissioner:
			Signed on September 17, 2019
			Matthew Stuckey, Deputy Assistant Commissioner
			Office of Air Quality

_____________________

* In the event that Respondent does not accept the settlement offer contained in this Agreed Order, IDEM notes that this document is a qualified offer of settlement, and therefore Rule 408 of Indiana Rules of Evidence applies to this document, rendering it inadmissible.