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BEFORE
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case
No. 2003-12668-A |
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Case
No. 2005-14463-A |
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ISG
INDIANA HARBOR 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 that
Respondent waives the right to contest any finding set forth herein in any
proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”) of the
Indiana Department of Environmental Management, a department of the State of
2.
Respondent is ISG Indiana Harbor Inc. (“Respondent”), which
owns and operates the integrated steel mill, plant ID. 089-00353, located at
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
on July 8, 2003, via Certified Mail to:
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Rodney
B. Mott, President |
ISG
Indiana Harbor Inc. |
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ISG
Indiana Harbor Inc. |
c/o
CT Corporation System, Registered Agent |
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5.
On May 23, 2003 Respondent submitted a letter to IDEM which
outlined the circumstances surrounding the violations cited in this case. In response to the Notice of Violation
referenced in paragraph 4 above, a meeting between IDEM and representatives of
the Respondent was held on August 19, 2003 to discuss the violations cited
therein.
6.
Pursuant to IC 13-30-3-3, IDEM issued an Amended Notice of
Violation on September 14, 2004, via Certified Mail to:
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Rodney
B. Mott, President |
ISG
Indiana Harbor Inc. |
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ISG
Indiana Harbor Inc. |
c/o
CT Corporation System, Registered Agent |
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7.
A series of inspections were conducted by representatives of
IDEM’s Office of Air Quality (“OAQ”).
The following violations were in existence or observed at the time of these
inspections:
a.
Pursuant to 326 5-1-2(2)(B), the opacity of visible
emissions from a source or facility located in
On January 2, 2003, a representative of IDEM’s OAQ conducted Visible Emissions
Evaluations (“VEEs”) of casthouse emissions at the H-3 Blast Furnace. During these evaluations, the opacity of the
visible emissions from the casthouse exceeded the twenty percent (20%) limit
for two (2) six (6) minute averaging periods, violations of 326 IAC
5-1-2(2)(B).
b.
Pursuant to 326 5-1-2(2)(B), the opacity of visible
emissions from a source or facility located in Lake County shall not exceed an
average of twenty percent (20%) opacity in any one (1) six (6) minute averaging
period.
On April 2, 2003, a representative of IDEM’s OAQ conducted VEEs of casthouse
emissions at the H-4 Blast Furnace.
During these evaluations, the opacity of the visible emissions from the
casthouse exceeded the twenty percent (20%) limit for one (1) six (6) minute
averaging period, a violation of 326 IAC 5-1-2(2)(B).
8.
The violation specified in Findings of Fact paragraph No. 9
below was not included in the aforementioned Notices of Violation. Respondent, however, waives issuance of a
Notice of Violation for these violations and to the settlement period of sixty
(60) days as provided for by IC 13-30-3-3.
9.
An inspection was conducted by a representative of IDEM’s
OAQ. The following violation was in
existence or observed at the time of this inspection:
a.
Pursuant to 326 5-1-2(2)(B), the opacity of visible
emissions from a source or facility located in
On November 22, 2004, a representative of IDEM’s OAQ conducted VEEs of
casthouse emissions at the H-3 Blast Furnace.
During these evaluations, the opacity of the visible emissions from the
casthouse exceeded the twenty percent (20%) limit for one (1) six (6) minute
averaging period, a violation of 326 IAC 5-1-2(2)(B).
10.
This Agreed Order, and compliance with its terms and
conditions, shall resolve all violations cited in the Notices of Violation
issued to Respondent on July 8, 2003 and September 14, 2004, as well as the
violation cited in Findings of Fact paragraph 9 above.
11.
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.
Within thirty (30) days of the Effective Date of this Agreed
Order, Respondent shall develop, and submit to IDEM’s Office of Enforcement for
approval, standard operating procedures (“SOPs”) for tapping H-3 and H-4 Blast
Furnaces. The SOPs shall include a
regularly scheduled preventative maintenance program for the passive control
systems, alternative operating procedures when Respondent experiences problems
with these systems, and measures to reduce fugitive emissions from the roof
monitor. In addition, the SOPs shall
include procedures for operating and maintaining the tapping runners and their
respective covers. If the submitted SOPs
are determined to be inadequate by IDEM, Respondent shall resubmit acceptable
SOPs to the Office of Enforcement within thirty (30) days of receiving written
notice of inadequacy. IDEM shall not
unreasonably withhold its approval of the SOPs if they meet the aforementioned
criteria.
3.
Respondent shall comply with the provisions of 326 IAC
5-1-2(2)(B) and 326 IAC 6-1-10.1(e).
4.
Respondent is assessed a civil penalty of Twenty-Three
Thousand Five Hundred Dollars ($23,500).
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.
5.
In the event that the SOP required in Order paragraph No. 2
is not completed and submitted within the specified time period, the
Complainant may assess and the Respondent shall pay a stipulated penalty in the
amount of One Thousand Dollars ($1000) per week until the SOPs are submitted.
6.
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.
7.
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:
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Cashier – Mail Code 50-10C |
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Indiana Department of Environmental Management |
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8.
All submittals required by this Agreed Order, unless Respondent
is notified otherwise in writing by IDEM, shall be sent to:
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Matthew
Stuckey, Senior Environmental Manager |
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Office
of Enforcement – Mail Code 60-02 |
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Indiana
Department of Environmental Management |
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9.
Force majeure, for purposes of this
Agreed Order, is defined as any event arising from causes totally beyond the
control and without fault of Respondent that delays or prevents the performance
of any obligation under this Agreed Order despite Respondent’s best efforts to
fulfill the obligation. The requirement
that Respondent exercise “best efforts to fulfill the obligation” includes
using best efforts to anticipate any potential force majeure event and best efforts to address the effects of any
potential force majeure event (1) as
it is occurring and (2) following the potential force majeure event, such that the delay is minimized to the
greatest extent possible. Force majeure does not include changed
business or economic conditions, financial inability to complete the work
required by this Agreed Order, or increases in costs to perform the work.
10.
Respondent shall notify IDEM by calling the case manager
within three calendar days and by writing no later than seven calendar days after
it has knowledge of any event which Respondent contends is a force majeure. Such notification shall describe the
anticipated length of the delay, the cause or causes of the delay, the measures
taken or to be taken by Respondent to minimize the delay, and the timetable by
which these measures will be implemented.
Respondent shall include with any notice all available documentation
supporting its claim that the delay was attributable to a force majeure. Failure to
comply with the above requirements shall preclude Respondent from asserting any
claim of force majeure for that
event. Respondent shall have the burden
of demonstrating that the event is a force
majeure. The decision of whether an
event is a force majeure shall be
made by IDEM.
11.
If a delay is attributable to a force majeure, IDEM shall extend, in writing, the time period for
performance under this Agreed Order, by the amount of time that is directly
attributable to the event constituting the force
majeure.
12.
In the event that the civil penalty required by Order
paragraph 4 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.
13.
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.
14.
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.
15.
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.
16.
This Agreed Order shall remain in effect until Respondent
complies with the terms of Order paragraph Nos. 2 and 3.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of
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ISG Indiana Harbor Inc. |
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By: |
___________________ |
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By: |
Carlos Hernandez |
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David P. McIver |
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Chief, Air Section |
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Printed: |
_____________ |
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Office of Enforcement |
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Title: |
Vice President |
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Date: |
Signed on June 27, 2005 |
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Date: |
August 24, 2005 |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of
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ISG Indiana Harbor Inc. |
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By: |
______________________ |
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By: |
Vincent Artriano |
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Jay Rodia, Attorney |
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Office of Legal Counsel |
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Date: |
Signed on September 6,
2005 |
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Date: |
Signed on August 15, 2005 |
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APPROVED AND ADOPTED BY
THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
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For The Commissioner: |
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Signed on September 8,
2005 |
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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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