LATER THAN
SEPTEMBER 30, 2011.
5.
NO OTHER REQUIREMENTS OR CONDITIONS CONTAINED WITHIN THE CAO FOR
CASE NO. 04-E-0034 ARE AMENDED OR CHANGED BY THIS AMENDMENT 2.
6.
NOTHING IN THIS AMENDMENT 2 TO THE CAO SHALL BE CONSIDERED AN
ADMISSION OF ANY FACT OR AN ACKNOWLEDGEMENT OF ANY LIABILITY BY MGP.
STIPULATED PENALTIES
7.
MGP SHALL BE LIABLE FOR STIPULATED PENALTIES FOR THE FAILURE TO
COMPLY WITH THE TERMS OF THE CAO, AS PROVIDED HEREIN.
FOR THE PURPOSES OF THIS
SECTION, COMPLIANCE SHALL MEAN TIMELY AND COMPLETE PERFORMANCE IN ACCORDANCE
WITH THE CAO.
IF FOR ANY REASON THE COMPLIANCE WITH EMISSION LIMITS, OR
SUBMISSION OF ANY DOCUMENTS IS DELAYED BEYOND THE DATES SET FORTH IN THIS CAO,
THEN UPON WRITTEN DEMAND BY KDHE, MGP AGREES TO PAY ADDITIONAL PENALTIES AS
FOLLOWS:
A.
FOR FAILURE TO SUBMIT OR MAINTAIN COMPLIANCE WITH THE SOURCE-WIDE
ALLOWABLE EMISSION CAP OF 95 TPY FOR VOCS BASED ON A 12-MONTH ROLLING SUM,
ROLLED MONTHLY, AND RECORDED MONTHLY IN PARAGRAPH 4 OF THIS CAO AMENDMENT 2,
WILL RESULT IN A $5,000 CIVIL PENALTY FOR EACH MONTH THE 12-MONTH ROLLING
AVERAGE EXCEEDS THE 95 TON VOC CAP.
B.
FOR FAILURE TO MEET THE DATES AS SPECIFIED OUTLINED IN THE
TIMELINE OR SUBMIT MONTHLY REPORTS BY THE END OF EACH MONTH IN PARAGRAPH 4 OF
THIS AMENDMENT 2 OF THE CAO, EVERY DAY PAST THE DUE DATE A $1,000 PENALTY WILL
BE ASSESSED.
8.
THE SECRETARY OF HEALTH AND ENVIRONMENT HAS REVIEWED AMENDMENT 2
TO THE CAO AND FINDS THAT THE ACTION OF THIS AMENDMENT 2 IS CONSISTENT WITH THE
KANSAS AIR QUALITY ACT AND RULES AND REGULATIONS.
AN EXECUTED COPY WILL BE
PROVIDED TO MGP UPON SIGNATURE OF THE SECRETARY AND THE SIGNED AGREEMENT WILL
CONSTITUTE THE FINAL ORDER OF THE SECRETARY IN THIS MANNER.
/s/ Roderick L. Bremby
/s/ David E. Rindom
Roderick L. Bremby, Secretary
David E. Rindom, VP of HR
Kansas Department of Health
MGP Ingredients, Inc.
And Environment
Date: 5/20/2010
Date: 5/14/10
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