Exhibit 10.2
BEFORE THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT
IN THE MATTER OF:
MGP Ingredients, Inc.
Case No. 04-E-0034
1300 Main Street
P.O. Box 130
Atchison, Kansas 66002-0130
Source ID No. 0050002
CONSENT AGREEMENT AND FINAL ORDER OF THE SECRETARY
The parties hereto, the Kansas Department of Health and Environment (KDHE) and
MGP Ingredients, Inc. (MGP), having agreed that settlement of this matter is in
the best interests of the parties and the public health and the environment,
hereby represent and state as follows:
JURISDICTION
1.
THE KDHE IS A DULY AUTHORIZED AGENCY OF
THE STATE OF KANSAS CREATED BY AN ACT OF THE LEGISLATURE.
2.
THE SECRETARY OF THE KDHE (SECRETARY)
HAS GENERAL JURISDICTION OVER MATTERS INVOLVING THE ENVIRONMENT AND THE PUBLIC
HEALTH AND SAFETY OF THE PEOPLE OF KANSAS, K.S.A. 65-101 ET SEQ., INCLUDING
GENERAL JURISDICTION OF MATTERS INVOLVING AIR QUALITY PURSUANT TO THE KANSAS AIR
QUALITY ACT, K.S.A. 65-3001 ET SEQ.
3.
MGP IS A KANSAS CORPORATION LICENSED TO
DO BUSINESS IN THE STATE OF KANSAS IN ACCORDANCE WITH KANSAS LAWS AND IS SUBJECT
TO K.S.A. 65-3001 ET SEQ.
4.
THE SECRETARY HAS AUTHORITY AND
JURISDICTION TO ISSUE THIS CONSENT AGREEMENT AND FINAL ORDER OF THE SECRETARY
(CAO) AND TO ENFORCE SAME. IN ANY ACTION BY KDHE TO ENFORCE THE TERMS OF THIS
CAO, MGP AGREES NOT TO CONTEST THE AUTHORITY OR JURISDICTION OF THE SECRETARY TO
ISSUE THIS CAO. THE TERMS OF THIS CAO SHALL BE CONSTRUED BY THE LAW OF THE STATE
OF KANSAS.
STATEMENT OF PURPOSE
5.
IN ENTERING INTO THIS CAO IT IS THE
MUTUAL OBJECTIVE OF KDHE AND MGP TO: (1) RESOLVE ALL CLAIMS AGAINST MGP FOR ALL
IDENTIFIED VIOLATIONS OF THE KANSAS AIR QUALITY ACT, K.S.A. 65-3001 ET SEQ. AND
REGULATIONS ADOPTED THEREUNDER, ADDRESSED IN THIS CAO; (2) ESTABLISH A SCHEDULE
BY WHICH MGP WILL ACHIEVE REGULATORY COMPLIANCE; AND (3) ASSESS AN APPROPRIATE
CIVIL PENALTY FOR THOSE VIOLATIONS CITED IN THE CAO.
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PARTIES BOUND
6.
THIS CAO SHALL APPLY TO AND BE BINDING
UPON THE PARTIES, THEIR AGENTS, SUCCESSORS, AND ASSIGNS AND UPON ALL PERSONS,
CONTRACTORS, AND CONSULTANTS ACTING UNDER OR FOR EITHER THE KDHE OR MGP OR BOTH.
7.
THE PARTIES AGREE TO UNDERTAKE ALL
ACTIONS REQUIRED OF THEM BY THE TERMS AND CONDITIONS OF THIS CAO.
8.
NOTWITHSTANDING THE TERMS OF ANY
CONTRACT, MGP IS RESPONSIBLE FOR COMPLIANCE WITH THIS CAO AND FOR INSURING THAT
ITS CONTRACTORS AND AGENTS COMPLY WITH THIS CAO.
9.
THE ACTIVITIES CONDUCTED UNDER THIS CAO
ARE SUBJECT TO APPROVAL BY KDHE. MGP SHALL PROVIDE ALL NECESSARY INFORMATION
CONSISTENT WITH THIS CAO REQUESTED BY KDHE.
LIABILITY
10.
NOTHING IN THIS CAO SHALL BE CONSTRUED AS AN
ADMISSION OF ANY FACT OR AN ACKNOWLEDGMENT OF ANY LIABILITY BY ANY PARTY.
NOTHING HEREIN SHALL BE LEGALLY BINDING OR HAVE ANY EFFECT ON THE POSITION OF
THE PARTIES ON ANY MATTER THAT MAY BE INCLUDED IN ANY OTHER AGREEMENTS
NEGOTIATED BETWEEN THEM. NEITHER THE STATE OF KANSAS, NOR ANY AGENCY THEREOF
SHALL BE HELD OUT