INFORMAL NEGOTIATIONS BETWEEN THEMSELVES. IF THE
PARTIES CANNOT RESOLVE THE ISSUE INFORMALLY WITHIN A REASONABLE PERIOD OF TIME,
EITHER OF THE PARTIES MAY NOTIFY THE OTHER IN WRITING STATING ITS POSITION WITH
REGARD TO THE DISPUTE AND THE REASONS THEREFOR. A PARTY RECEIVING SUCH A NOTICE
OF DISPUTE WILL RESPOND IN WRITING WITHIN FIVE (5) BUSINESS DAYS STATING ITS
POSITION. KDHE OR MGP SHALL THEN HAVE AN ADDITIONAL FIVE (5) BUSINESS DAYS
PERIOD TO RESPOND. IF THE PARTIES ARE STILL UNABLE TO REACH AN AGREEMENT, THE
MATTER SHALL BE REFERRED TO THE KDHE DIRECTOR OF ENVIRONMENT, WHO SHALL DECIDE
THE MATTER AND PROVIDE A WRITTEN STATEMENT OF HIS DECISION WHICH SHALL BE
INCORPORATED INTO THE CAO.
10
B.
THIS DISPUTE RESOLUTION PROCEDURE SHALL
NOT PRECLUDE ANY PARTY FROM HAVING DIRECT RECOURSE TO COURT IF OTHERWISE
AVAILABLE BY APPLICABLE LAW.
BEST PROFESSIONAL JUDGMENT
45.
THE REQUIREMENTS OF THIS CAO REPRESENT THE
BEST PROFESSIONAL JUDGMENT OF KDHE AT THIS TIME BASED ON THE AVAILABLE
INFORMATION. IF CIRCUMSTANCES CHANGE SIGNIFICANTLY SO THAT DATA INDICATES AN
IMMEDIATE THREAT OF DANGER TO THE PUBLIC HEALTH OR SAFETY OR THE ENVIRONMENT OR
A SIGNIFICANTLY DIFFERENT THREAT OTHER THAN THE ALLEGED DEFICIENCIES ADDRESSED
HEREIN, THEN KDHE RESERVES THE RIGHT TO MODIFY DATES OR REQUIREMENTS HEREIN AS
IT DEEMS REASONABLY NECESSARY AND MGP RESERVES THE RIGHT TO APPEAL ANY SUCH
MODIFICATIONS OR ADDITIONAL REQUIREMENTS.
OTHER CLAIMS AND PARTIES
46.
NOTHING IN THIS CAO SHALL CONSTITUTE OR BE
CONSTRUED AS A RELEASE FOR ANY CLAIM, CAUSE OF ACTION OR DEMAND IN LAW OR EQUITY
AGAINST ANY PERSON, FIRM, PARTNERSHIP, OR CORPORATION NOT A SIGNATORY TO THIS
CAO FOR ANY LIABILITY IT MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THE
SUBJECT VIOLATIONS ALLEGED IN THIS CAO.
EFFECTIVE DATE, TERMINATION
47.
THIS CAO SHALL BECOME EFFECTIVE WHEN SIGNED
BY THE SECRETARY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENT.
48.
THIS CAO WILL BE TERMINATED UPON WRITTEN
NOTICE BY KDHE TO MGP THAT ALL PROVISIONS OF THE CAO HAVE BEEN COMPLETED. SUCH
NOTICE SHALL NOT BE UNREASONABLY WITHHELD.
AUTHORIZATION OF SIGNATORIES TO EXECUTE THE CONSENT ORDER AND BIND THE PARTIES
49.
THE PARTIES HERETO HAVE AFFIXED THEIR
SIGNATURES ON THE DATES INSERTED BELOW TO ACKNOWLEDGE THEIR AGREEMENT TO THIS
CAO. THE SIGNATORIES TO THIS CAO CERTIFY THAT THEY ARE AUTHORIZED TO EXECUTE AND
LEGALLY BIND THE PARTIES THEY REPRESENT TO THIS CAO.
/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.
Environment
1/11/06
12/21/05
Date
Date
11
ATTACHMENT 1
Control Technology Plan
For
MGP Ingredients, LLC
1300 Main Street
Atchison, Kansas 66002
contents
1.0 [a06-9877_1ex10d2.htm#a1_0Introduction_235950]
Introduction [a06-9877_1ex10d2.htm#a1_0Introduction_235950]
1-1
2.0 [a06-9877_1ex10d2.htm#a2_0EmissionUnitsRequiringPolluti_000011]
Emission Units Requiring Pollution Control Equipment
[a06-9877_1ex10d2.htm#a2_0EmissionUnitsRequiringPolluti_000011]
2-1
3.0 [a06-9877_1ex10d2.htm#a3_0EngineeringDesignCriteriaForP_000035]
Engineering Design Criteria for Pollution Control Equipment
[a06-9877_1ex10d2.htm#a3_0EngineeringDesignCriteriaForP_000035]
3-1
4.0 [a06-9877_1ex10d2.htm#a4_0EmissionLimitsFromPollutionCo_000052]
Emission Limits From Pollution Control Equipment
[a06-9877_1ex10d2.htm#a4_0EmissionLimitsFromPollutionCo_000052]
4-1
5.0 [a06-9877_1ex10d2.htm#a5_0PollutionControlEquipmentInst_000110]
Pollution Control Equipment Installation Schedule
[a06-9877_1ex10d2.htm#a5_0PollutionControlEquipmentInst_000110]
5-1
6.0 [a06-9877_1ex10d2.htm#a6_0MonitoringParametersForPollut_000126]
Monitoring Parameters for Pollution Control Devices
[a06-9877_1ex10d2.htm#a6_0MonitoringParametersForPollut_000126]
6-1