STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

LONE STAR INDUSTRIES, INC.,

Respondent.

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Case No. 2004-13894-A

 

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 Lone Star Industries, Inc. (“Respondent”), which owns and operates the stationary Portland cement manufacturing facility, with Plant ID. No. 133-00002, located at 3301 South County Road 150 West in Greencastle, Putnam 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 March 23, 2005, via Certified Mail to:

 

Michael B. Clarke, President

Lone Star Industries, Inc.

Lone Star Industries, Inc.

c/o CT Corporation System, Registered Agent

10401 N. Meridian St., Suite 400

251 E. Ohio St., Suite 1100

Indianapolis, IN  46290

Indianapolis, IN  46204

 

5.                  A representative of IDEM’s Office of Air Quality (“OAQ”) has reviewed the results from particulate matter (“PM”) emission tests conducted at the site.  The following violations were in existence or observed at the time of this review:

 

a.                  Pursuant to Construction Pursuant No. CP133-10159, operation condition No. D.2.1(b), particulate matter (PM) emissions from the electrostatic precipitator designated as ESP 3-1, which controls emissions from the hammer mill, calciner tower, semi-dry process kiln, and alkali bypass, shall not exceed 0.016 gr/dscf.

 

A representative of IDEM’s OAQ reviewed the results from PM emission tests conducted at the site on June 4 and August 26, 2003.  These test results indicated that during these tests, the average measured emissions were 0.017 gr/dscf and 0.040 gr/dscf respectively in violation of Construction Permit No. CP133-10159, operation condition No. D.2.1(b).

 

6.                  Respondent conducted a third PM emission test on October 22, 2003.  These test results indicate that, at the time of the test, this unit was in compliance with Construction Permit No. CP133-10159, operation condition No. D.2.1(b).

 

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 shall comply with the provisions of Part 70 Permit No. T133-6927-00002, operation condition No. D.4.3.

 

3.                  All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

 

Michael Stonik

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue, Mail Code: 60-02

Indianapolis, IN 46204-2251

 

 

 

 

 

 

4.                  Respondent is assessed a civil penalty of Twenty-Three Thousand Dollars ($23,000).  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.

 

5.                  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:

 

Indiana Department of Environmental Management

Cashier’s Office

100 N. Senate Avenue, Mail Code: 50-10C

Indianapolis, IN 46204-2251

 

6.                  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.

 

7.                  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.

 

8.                  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.

 

9.                  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.

 

10.              This Agreed Order shall remain in effect until Respondent complies with the terms of Order paragraph No. 4.

 

 

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Lone Star Industries, Inc.

 

By:

 

 

By:

 

 

David P. McIver

 

Printed:

 

 

Chief, Air Section

 

Title:

 

 

Office of Enforcement

 

 

 

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

 

, 200

 

.

 

 

For The Commissioner:

 

 

 

Signed on May 17, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement