STATE OF INDIANA		)		BEFORE THE INDIANA DEPARTMENT
		)	SS:	OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION		)
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
	Complainant,				)
					)
	v.				)	CASE NO. 2004-13830-H
					)
STEEL DYNAMICS, 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 (“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 Steel Dynamics, Inc. ("Respondent"), which operates the facility with U.S. EPA ID No. INR 000020289, located at 5134 Loop Road, in Jeffersonville, Clark 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 via Certified Mail to:

Keith E. Busse, President and Registered Agent for

Steel Dynamics, Inc.

6714 Point Inverness Way, Ste. 200

Fort Wayne, IN 46804

5. Respondent's generation rate of hazardous waste at the time of an IDEM inspection on February 2, 2004, was that of a Small Quantity Generator. However, when Respondent purchased the Site in March of 2003, hazardous waste was left behind by a previous owner which ceased operations at the Site on March 14, 2001. The hazardous waste left behind by the previous owner was still at the Site at the time of the IDEM inspection, thereby subjecting Respondent to hazardous waste storage facility requirements. Respondent operates a continuous rolled flat steel coil galvanizing line.

6. An inspection on February 2, 2004, was conducted at the Site by a representative of IDEM’s Office of Land Quality (“OLQ”). The following violations were in existence or observed at the time of this inspection:

A. Pursuant to 40 CFR 270.1(c), RCRA requires a permit for the treatment, storage and disposal of any hazardous waste as identified or listed in 40 CFR Part 261.

As noted during the inspection, Respondent stored hazardous waste identified or listed in 40 CFR Part 261 without a permit. Three (3) 55-gallon containers of hazardous waste (acid (D002) and chromium contaminated absorbents (D007)) had been stored at the Site for greater than 180 days.

Respondent submitted documentation to IDEM on August 11, 2004, demonstrating that the three (3) containers of hazardous waste have been shipped off-site for proper disposal. Respondent submitted documentation to IDEM on December 17, 2004, demonstrating that the area where the three (3) drums of hazardous waste were stored for greater than 180 days has been mechanically cleaned and rinsed.

B. Pursuant to IC 13-30-2-1(10), a person may not commence or engage in the operation of a hazardous waste facility without having first obtained a permit from the department.

As noted during the inspection, Respondent operated a hazardous waste facility without having first obtained a permit from the department.

C. Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste facility, must notify the Commissioner of its hazardous waste activity on the approved forms.

As noted during the inspection, Respondent failed to notify the Commissioner of hazardous waste storage activities.

D. Pursuant to 40 CFR 262.34(f), a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste for more than 180 days is an operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and the permit requirements of 40 CFR Part 270.

As noted during the inspection, Respondent stored hazardous waste on-site for greater than 180 days without complying with 40 CFR Part 264 and 40 CFR Part 270. Three (3) 55-gallon containers of hazardous waste (acid (D002) and chromium contaminated absorbents (D007)) had been stored at the Site for greater than 180 days. A previous owner of the Site ceased operations on March 14, 2001, leaving behind the three (3) 55-gallon containers of hazardous waste. Respondent purchased the Site in March of 2003 and began operations in July of 2003.

7. 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 Five Thousand Six Hundred Dollars ($5,600). 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. The civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Case 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 Order paragraph 2 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.

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. 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 fully satisfies the obligations in Order paragraphs 2 through 4. Upon fulfilling these obligations, IDEM will issue a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:		RESPONDENT:
Department of Environmental Management
By:	_____________________________	By:	______________________________
	Nancy L. Johnston, Chief	Printed:	Keith E. Busse __________________
	Office of Enforcement	Title:	_____________________________
Date:	_____________________________	Date:	______________________________
COUNSEL FOR COMPLAINANT:		COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:	_____________________________	By:	______________________________
	Office of Legal Counsel
Date:	_____________________________	Date:	______________________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20__.

For the Commissioner:

Signed on January 27, 2005

Linda Runkle

Assistant Commissioner