STATE
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BEFORE
THE INDIANA DEPARTMENT
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OF 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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v. |
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CASE NO. 2004-13819-S |
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ARTHUR GILT FARMS, L. L.C., |
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Respondent. |
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AGREED
ORDER
The
Complainant and the 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.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”) of
the Indiana Department of Environmental Management, a department of the State
of
2.
Respondent is Arthur Gilt Farms, L.L.C.
(“Respondent”), which owns/operates the confined feeding operation (CFO), CFO approval No. AW-2248, located at 4422 S. C. R. 300 W.,
in
3.
The Indiana Department of Environmental Management
(“IDEM”) has jurisdiction over the parties and the subject matter of this
action.
4.
Pursuant to IC 13-30-3-3, on
William Arthur
Registered Agent
Arthur Gilt Farms, L.L.C.
1162 E. C.R. 300 S.
Greenfield, IN 46140
5.
Inspections, on October 6 and 30, 2003, were
conducted at the Site by representatives of IDEM’s Office of Land Quality
(OLQ). The following violations were in
existence or observed at the time of these inspections:
A.
Pursuant to 327 IAC 2-6.1-7, any person who operates,
controls or maintains any mode of transportation or facility from which a spill
occurs shall, upon discovery of a reportable spill to the soil or surface
waters of the state, contain the spill, if possible, to prevent additional
spilled material from entering the waters of the state; undertake or cause
others to undertake activities needed to accomplish a spill response; and as
soon as possible, but within two hours of discovery, communicate a spill report
to the Department of Environmental Management, Office of Environmental
Response.
A reportable spill of animal manure from the Site into Ashcraft ditch and
Thompson ditch, waters of the state, occurred on or about
B.
Pursuant to 327 IAC 2-1-6(a)(1), all waters at all
times and at all places, including the mixing zone, shall meet the minimum
conditions of being free from substances, materials, floating debris, oil, or
scum attributable to municipal, industrial, agricultural, and other land use
practices, or other discharges that will settle to form putrescent or otherwise
objectionable deposits, that are in amounts sufficient to be unsightly or
deleterious, that produce color, visible oil sheen, odor, or other conditions
in such degree as to create a nuisance, which are in amounts sufficient to be
acutely toxic to, or to otherwise severely injure or kill aquatic life, other
animals, plants, or humans, and which are in concentrations or combinations that
will cause or contribute to the growth of aquatic plants or algae to such a
degree as to create a nuisance.
The Respondent caused and/or allowed the discharge of animal manure from the
Site on or about October 6, 2003, into Ashcraft ditch and Thompson ditch,
waters of the state, which settled to form putrescent or otherwise
objectionable deposits, that was in an amount sufficient to be unsightly or
deleterious, that produced color, visible oil sheen, odor, or other conditions
in such degree to create a nuisance, which was in amounts sufficient to be
acutely toxic to, or otherwise severely injure or kill aquatic life, other
animals, plants or humans, in violation of 327 IAC 2-1-6(a)(1).
C.
Pursuant to 327 IAC
The Respondent caused and/or allowed the discharge of animal manure, a pollutant,
from the Site on or about
D.
Pursuant to IC 13-18-4-5, it is unlawful for any
person to throw, run, drain, or otherwise dispose into any of the streams or
waters of this state, or to cause, permit, or suffer to be thrown, run,
drained, allowed to seep, or otherwise disposed into any waters, any organic or
inorganic matter that causes or contributes to a polluted condition of any
waters, as determined by a rule of the board adopted under IC 13-18-4-1 and IC
13-18-4-3.
The Respondent caused and/or allowed the discharge of animal manure, an organic
matter, from the Site on or about October 6, 2003, into Ashcraft ditch and
Thompson ditch, waters of the state, in violation of 327 IAC 2-6.1-7, 327 IAC
2-1-6(a)(1) and/or 327 IAC 5-2-2, and thus violated IC 13-18-4-5.
E.
Pursuant to IC 13-30-2-1(1), no person may discharge,
emit, cause, allow, or threaten to discharge, emit, cause, or allow any
contaminant or waste, including any noxious odor, either alone or in
combination with contaminants from other sources, into the environment or into
any publicly owned treatment works in any form which causes or would cause
pollution which violates or which would violate rules, standards, or discharge
or emission requirements adopted by the appropriate board under the
environmental management laws.
The Respondent caused and/or allowed the discharge of animal manure, a
contaminant or waste, into the environment from the Site on or about October 6,
2003, in violation of 327 IAC 2-6.1-7, 327 IAC 2-1-6(a)(1) and/or 327 IAC
5-2-2, and thus violated IC 13-30-2-1(1).
F.
Pursuant to 327 IAC 16-9-5(b) the operating record
must contain all applicable
records from the following: 327 IAC 16-9-1(e) regarding completed
self-monitoring records for three (3) years; 327 IAC 16-10-1, regarding minimum
acreage records; 327 IAC 16-10-2(c), regarding land application records for
five years; 327 IAC 16-10-5(c), regarding marketing and distribution records
for three years; and documentation of any spill response implemented in
accordance with 327 IAC 16-9-4(a)(3) by confined feeding operation personnel
within the past five years.
The operating record of the Respondent, on or about
6.
An inspection, on
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 the Complainant or his delegate, and has
been received by the Respondent. This
Agreed Order shall have no force or effect until the Effective Date.
2.
Respondent is assessed a civil penalty of Seven
Thousand Six Hundred Eighty Seven ($7,687.00) Dollars. Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date of this Agreed Order.
3.
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:
Cashier
Indiana Department of Environmental Management
P. O. Box 7060
4.
In the event that the civil penalty required by Order
paragraph No. 2 is not paid within thirty (30) days of the Effective Date of
this Agreed Order, Respondent shall pay interest on the unpaid balance at the
rate established by IC 24-4.6-1-101. The interest shall continue to accrue
until the civil penalty is paid in full.
5.
This Agreed Order shall apply to and be binding upon
the Respondent, its successors and assigns. The Respondent's signatories to
this Agreed Order certify that they are fully authorized to execute this
document and legally bind the parties they represent. No change in ownership, corporate, or
partnership status of the Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
6.
In the event that any terms of the 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 the Agreed Order did not contain the
invalid terms.
7.
The 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.
8.
This Agreed Order shall remain in effect until the
Respondent has complied with all terms and conditions of this Agreed Order.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of
Environmental Management |
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Arthur Gilt Farms, L.L.C. |
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By: |
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By: |
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Paul Higginbotham |
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Printed: |
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Chief, Solid Waste/UST
Section |
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Title: |
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Office of Enforcement |
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Date: |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of
Environmental Management |
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By: |
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By: |
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Office of Legal Counsel |
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Date: |
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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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200 |
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For The Commissioner: |
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Signed on |
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Linda Runkle |
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Assistant Commissioner |
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