STATE OF INDIANA

)

SS:

BEFORE THE INDIANA DEPARTMENT OF

 

)

 

 

COUNTY OF MARION

)

 

ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT

)

 

OF ENVIRONMENTAL MANAGEMENT,

 

)

 

 

 

)

 

Complainant,

 

)

 

 

 

)

 

 

v.

 

)

CAUSE NO. 2002-11228-A

 

 

)

 

CARMEUSE LIME, INC.,

 

)

 

 

 

)

 

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, 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 Indiana created by IC 13-13-1-1.

 

2.                  Respondent is Carmeuse Lime, Inc. (hereinafter referred to as "Respondent"), which owns and operates a lime processing facility at North Clark Road, Buffington Harbor, Indiana (the Site).

 

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.

46 South Pennsylvania Street, Suite 700

11 Stanwix Street

Indianapolis, Indiana 46204

11th Floor, Westinghouse Building

 

Pittsburgh, PA 15222

 

 

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 Lake County shall not exceed an average of twenty percent (20%) in any one (1) six- (6) minute averaging period.

 

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

100 N. Senate Avenue

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 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:

 

RESPONDENT:

 

Department of Environmental Management

 

Carmeuse Lime, INC.

 

 

 

 

 

By:

___________________

 

By:

_____________

 

 

David P. McIver

 

 

 

 

 

Chief, Air Section

 

Printed:

_____________

 

 

Office of Enforcement

 

 

 

 

 

 

 

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 11/17/05

 

 

Matthew T. Klein

 

 

Assistant Commissioner

 

 

of Compliance and Enforcement