STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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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.
2019-26373-C |
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DAVID E.
KNEPP & SONS, 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 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 David E. Knep & Sons, LLC
(Respondent), which owns/operates the confined feeding facility with Farm ID
No. 4443, located at 6021 North 900 East, in Montgomery, Daviess, 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:
David
E. Knepp & Sons, LLC |
Stanley
E. Knepp, Registered Agent |
240
North 450 East |
for
David E. Knepp & Sons, LLC |
Washington,
IN 47501 |
6021
North 900 East |
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Montgomery,
IN 47558 |
5.
Respondent owns a confined feeding operation
with the capacity for 18,600 poults and 35,400 growout turkeys. The farm
consists of eight buildings for livestock and manure storage.
6.
During
an investigation, including a record review on March 20,2019 conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant to IC 13-18-10-1(a)(2)(B), a person may not start expansion of a confined
feeding operation that increases the manure containment capacity without
obtaining prior approval of the department.
Based
on a review of the March 20, 2019 application and previous approvals,
Respondent started expansion of a confined feeding operation (CFO) that
increased the manure containment capacity without obtaining prior approval of
the department. The 44 x 60
ft. addition to the E8 manure storage building was constructed in 2018 and was
submitted for approval in the March 20, 2019 CFO application.
IDEM approved the
March 20, 2019 CFO application in a Confined Feeding Operation Approval without
Construction letter dated April 25, 2019. On May 15, 2019 Respondent submitted
a Confined Feeding Operation Completed Construction Affidavit and stated that the
P1 manure storage addition and P2 earthen berm constructed at building E8 were
completed in accordance with the April 25, 2019 approval letter.
b.
Pursuant to 327 IAC 19-1-2(b)(2), a
person may not start expansion of a CFO that increases animal capacity or
manure containment capacity, or both without obtaining prior approval of the
department.
Based
on a review of the March 20, 2019 application and previous approvals,
Respondent failed to obtain prior approval for expansion of a CFO that
increased the manure containment capacity. The 44 x 60 ft. addition to the E8 manure storage building
was constructed in 2018 and was submitted for approval in the March 20, 2019
CFO application.
IDEM approved the
March 20, 2019 CFO application in a Confined Feeding Operation Approval without
Construction letter dated April 25, 2019. On May 15, 2019 Respondent submitted
a Confined Feeding Operation Completed Construction Affidavit and stated that
the P1 manure storage addition and P2 earthen berm constructed at building E8
were completed in accordance with the April 25, 2019 approval letter.
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.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of nine hundred seventy-five dollars
($975.00). Said penalty amount shall be due and payable to the Environmental
Management Special Fund within thirty (30) days of the Effective Date; the thirtieth
day being the Due Date.
3.
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 1340 |
100
North Senate Avenue |
Indianapolis,
IN 46204 |
4.
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 3, above.
5.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
6.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
7.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
8.
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.
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.
10.
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 the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
11.
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.
12.
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 violations
specified in the NOV.
13.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (U.S. 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 U.S. EPA or any other agency or entity.
14.
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:
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By: _________________________ |
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Linda
L. McClure, 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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DAY
OF |
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20__. |
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For the
Commissioner: |
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Signed
February 18, 2020 |
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Peggy
Dorsey, Assistant Commissioner |
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Office of
Land Quality |
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