STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) CAUSE NO. 2001-10704-A

)

HECKETT MULTISERV, )

)

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.

I. FINDINGS OF FACT

1. Complainant is the Commissioner (hereinafter referred to as "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 Heckett MultiServ (hereinafter referred to as "Respondent"), which owns and operates a slag processing facility on the property of LTV Steel, East Chicago, Indiana.

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

David Via, General Foreman CT Corporation System, Registered Agent

Heckett MultiServ for Harsco Corporation

P.O. Box 351 36 South Pennsylvania Street, Suite 700

Whiting, Indiana 46394 Indianapolis, Indiana 46204

5. Rule 326 IAC 6-4 requires that no source allow fugitive dust to visibly cross the boundary or property line of a source.

• Designated representatives of IDEM conducted an investigation on August 1, 2001, of the Respondent's slag processing facility on the property of LTV Steel, East Chicago, Indiana.



• During the investigation referenced in paragraph 6 above it was observed that fugitive dust emissions generated from both the dumping of a slag pot and vehicular traffic on the property of LTV Steel visibly escaped from the boundaries of the property of the source, violations of Rule 326 IAC 6-4.



• Respondent has made repairs necessary to the proper functioning of the main water line servicing its facility, and has scheduled an additional shift for the proper application of dust suppressant during the summer months.

• 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 her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

• Respondent is assessed a civil penalty of Five Thousand Seven Hundred Fifty Dollars ($5,750). 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 Cause Number of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

4. In the event that the civil penalty required by paragraph 2 is not paid within thirty (30) days of the Effective Date of this Agreed Order the 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 officers, directors, principals, agents, successors, subsidiaries, 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 Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION: HECKETT MULTISERV:

Department of Environmental Management

By: _________________________ By: _________________________

David P. McIver

Chief, Air Section

Office of Enforcement Printed: ______________________

Title: ________________________

Date: ________________________ Date: ________________________

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: _________________________ By: ________________________

Office of Legal Counsel

Department of Environmental Management

Date: _______________________ Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 200___.

For the Commissioner:

Signed on 03/21/03

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs