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BEFORE
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ENVIRONMENTAL
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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CAUSE
NO. 2002-11228-A |
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CARMEUSE
LIME, INC., |
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Respondent. |
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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, except a proceeding to enforce this order.
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
2.
Respondent is Carmeuse Lime, Inc. (hereinafter referred to
as "Respondent"), which owns and operates a lime processing facility
at
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:
Thomas
A. Buck |
C
T Corporation System, Registered Agent |
Executive
Vice President and COO |
For
Carmeuse Lime, Inc. |
Carmeuse
Lime, Inc. |
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11th
Floor, |
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5.
Pursuant to 326 IAC 7-4-1.1(c)(15)(A), emissions of sulfur
dioxide (pounds per million Btu) shall not exceed 240 pounds per hour total (80
pounds per hour for any one (1) kiln) from the Respondent’s Rotary Kilns #1-5.
6.
Designated representatives of IDEM conducted investigations
of the Site on January 30, April 30, July 30, October 30, 2000; January 30,
April 30, July 30, August 28 - 29, October 30, December 18, 2001; January 22
and 30, 2002; and March 14, 2003.
7.
Emissions
testing of the Respondent’s Rotary kiln #5 conducted on August 28 - 29, 2001
measured emissions of sulfur dioxide (pounds per million Btu) from this
source’s #5 Rotary kiln at 117 pounds per hour, a violation of 326 IAC
7-4-1.1(c)(15)(A).
8.
Emissions
testing of the Respondent’s Rotary kiln #5 conducted on September 26, 2002
measured emissions of sulfur dioxide (pounds per million Btu) from all its
rotary kiln stacks at 18.60 pounds per hour, in compliance with 326 IAC
7-4-1.1(c)(15)(A).
9.
Pursuant to 326
IAC 5-1-2, opacity from a facility located in
10.
Opacity from the
Respondent’s #5 kiln baghouse stack was measured at sixty-one percent (61%) in
one (1) six- (6) minute averaging period on December 18, 2001, a violation of
326 IAC 5-1-2. In addition, opacity from
the Respondent’s #2 kiln baghouse stack was measured at forty percent (40%) in
one (1) six- (6) minute averaging period on January 22, 2002, a violation of
326 IAC 5-1-2.
11.
Pursuant to 326
IAC 6-1-11.1(e)(4)(G), quarterly reports of the Respondent’s fugitive dust
control plan shall be submitted to IDEM thirty (30) days from the end of a
quarter.
12.
The Respondent
submitted quarterly reports of its fugitive dust control plan for the fourth
quarter of 1999 to IDEM on February 3, 2000, and all quarterly reports for 2000
and 2001 were submitted to IDEM on February 18, 2002, violations of 326 IAC
6-1-11.1(e)(4)(G).
13.
Rule 326 IAC 6-4
requires that no source allow fugitive dust to visibly cross the boundary or
property line of a source.
14.
During the March
14, 2003, investigation referenced in paragraph 6 above it was observed that
fugitive dust emissions generated from the dumping of lime escaped from the
boundaries of the property of the source, a violation of Rule 326 IAC 6-4.
15.
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.
2.
Respondent is
assessed a civil penalty of Fifty Thousand Dollars ($50,000). 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:
Indiana
Department of Environmental Management |
Cashiers
Office – Mail Code 50-10C |
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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 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.
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.
8.
Respondent shall ensure that all contractors, firms and
other persons performing work under this Agreed Order comply with the terms of
this Agreed Order.
9.
This Agreed Order shall remain in effect until Respondent
has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of
Environmental Management |
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Carmeuse Lime, INC. |
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By: |
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David P.
McIver |
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Chief, Air
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Printed: |
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Office of Enforcement |
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Title: |
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Date: |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of
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By: |
______________________ |
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By: |
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Office of Legal Counsel |
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Department of
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Date: |
_____________________ |
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Date: |
________________ |
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APPROVED AND ADOPTED BY
THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS |
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For The Commissioner: |
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Signed 11/17/05 |
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Matthew T. Klein |
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Assistant Commissioner |
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of Compliance and
Enforcement |
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