STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2001-10157-H
)
USX CORPORATION )
(US STEEL GROUP/GARY WORKS) )
)
Respondent. )
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. Pursuant to 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.
I. FINDINGS OF FACT
1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is USX Corporation ("Respondent"), which owns and operates an integrated steel mill located at 1 North Broadway, in Gary, Lake County, Indiana ("Site").
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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, IDEM issued a Notice of Violation via Certified Mail to:
Kenneth L. Mentzel, Manager The Prentice Hall Corporation System
Environmental Controls-70 Registered Agent for USX Corporation
US Steel Group/Gary Works 251 East Ohio Street
1 North Broadway Suite 500
Gary, Indiana 46402 Indianapolis, Indiana 46204
5. Respondent notified the U.S. EPA of Large Quantity Generator activities on July 31, 1980. Respondent is a fully integrated steel mill covering a 7-mile long area along Lake Michigan.
6. An inspection on December 6 and 7, 2000, was 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 this inspection:
a. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have an integrity assessment certified by an independent, qualified, registered professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity. Respondent did not provide the required integrity assessment for the tank identified as TK-6030 (disposal sump tank) located in the Coke Plant Reclaimer Waste Area.
b. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. Respondent did not conduct the required inspections of the tank identified as TK-6030 (disposal sump tank) located in the Coke Plant Reclaimer Waste Area.
c. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, all new tanks and ancillary equipment must have secondary containment. Respondent did not provide secondary containment for the tank identified as TK-6030 (disposal sump tank) located in the Coke Plant Reclaimer Waste Area.
Subsequent to the December 6 and 7, 2000 inspection, tank identified as TK-6030 (disposal sump tank) located in the Coke Plant Reclaimer Waste Area was taken out of service by the Respondent. This tank system is no longer managing hazardous waste.
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d. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers with the words "Used Oil." Respondent did not label used oil containers with the words "Used Oil."
e. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board. Respondent allowed the deposition of used oil/spent grease into the container secondary containment system located at the Sinter Plant. Respondent also allowed the deposition of flame arrester dust on the ground located at the QBOP Secondary Baghouse System.
f. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition. Respondent stored waste water treatment sludge (D007) in 20 cubic yard trailer that was leaking.
II. ORDER
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondent shall comply with 329 IAC 13-4-3(d). Specifically, Respondent shall label all used oil containers with the words ''Used Oil."
3. Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.171. Specifically, Respondent shall ensure that if a container holding hazardous waste is not in good condition, or if it begins to leak, the waste must be transferred from this container to a container that is in good condition.
4. Within thirty (30) days of the Effective Date of the Order, Respondent shall clean up the spillage of used oil/spent grease located in the concrete container secondary containment system at the Sinter Plant, the spillage of D007 waste water treatment sludge located in the waste water treatment plant secondary containment, and the spillage of flame arrester dust located at the QBOP Secondary Baghouse System. Respondent shall provide IDEM with documentation of the cleanups.
5. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
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Jennifer Reno, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
6. Respondent is assessed a civil penalty of Twelve Thousand Six Hundred Dollars ($12,600). 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.
7. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
Violation
PenaltyFailure to comply with Order paragraph #4 $1,000 per day
8. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
9. Civil and stipulated 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
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
10. In the event that the civil penalty required by Order paragraph 6, 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.
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11. 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.
12. 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.
13. 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.
14. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: __________________________ By: ________________________
Nancy L. Johnston, Chief
Office of Enforcement Printed: __________________
Title: ________________________
Date: __________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ___________________________ By: ________________________
Office of Legal Counsel
Date: ___________________________ Date: ________________________
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 2001.
For the Commissioner:
____Signed on 4/27/01_____
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement