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BEFORE
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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v. |
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Case No. 2003-13511-A |
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ISG BURNS HARBOR LLC, |
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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
Burns Harbor LLC (“Respondent”), which owns and operates the integrated steel
mill, plant ID No. 127-00001, located
at 250 West U. S. Highway 12 in Burns Harbor, Porter County, Indiana (“Site”).
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 November 23, 2004, via
Certified Mail to:
ISG Burns Harbor LLC |
c/o CT Corporation System, Registered
Agent |
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5.
An inspection was
conducted on September 9, 2003, by a representative of IDEM’s Office of Air
Quality (“OAQ”). The following violation
was in existence or observed at the time of this record review:
a.
Pursuant to 326
IAC 11-3-2(b)(4) provides that no visible emissions shall be permitted from the
charging system for more than a cumulative total of one hundred twenty-five
(125) seconds during five (5) consecutive charging periods.
On September 9, 2003, a representative of IDEM’s Office of Air Quality
conducted an inspection at Respondent’s Coke Oven Battery No. 2. During this inspection, the inspector
observed charging at oven Nos. 216, 226, 236, 246, 256, and 266, which resulted
in visible emissions which were evident for a cumulative total of 134.5 seconds
after oven No. 216 was exempted, a violation of 326 IAC 11-3-2(b)(4).
6.
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 his 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 the provisions of 326 IAC 11-3-2(b)(4).
3.
Respondent is
assessed a civil penalty of Five Thousand Dollars ($5,000). 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.
4.
Civil 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 |
Indiana
Department of Environmental Management |
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5.
In the event that the
civil penalty required by Order paragraph 3 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.
6.
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.
7.
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.
8.
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.
9.
This Agreed Order
shall remain in effect until Respondent complies with
the terms of Order paragraph No. 3.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental
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ISG Burns Harbor LLC |
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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: |
Signed on August 24, 2005 |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of
Environmental Management |
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ISG Burns Harbor LLC |
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By: |
September 6, 2005 |
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By: |
Vincent Atriano |
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Jay Rodia, Attorney |
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Office of Legal Counsel |
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Date: |
____________ |
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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
THIS |
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DAY OF |
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For The Commissioner: |
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Signed on September 8, 200r |
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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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