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STATE
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. UNITED STATES STEEL CORPORATION, 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 a proceeding to enforce this
order.
I.
FINDINGS OF FACT
1. Complainant
is the Commissioner of the Indiana Department of Environmental Management
(IDEM), a department of the State of
2. Respondent
is United States Steel Corporation (U.S. Steel), owner and operator of a steel
manufacturing facility located at One North Broadway in
3. IDEM
has jurisdiction over the parties and the subject matter of this action.
4. Pursuant
to IC 13-30-3-3, on March 31, 2005, IDEM issued a Notice of Violation via
Certified Mail to:
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J. P. Surma, President United States Steel
Corporation |
National Registered
Agents, Inc. United States Steel
Corporation |
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5. Pursuant
to IC 13-30-2-1, a person may not discharge, emit, cause, allow, or threaten to
discharge, emit, cause, or allow any contaminant or waste, including any
noxious odor either alone or in combination with contaminants from other
sources, into the environment in any form that causes or would cause pollution
that violates or would violate rules, standards, or discharge or emission
requirements adopted by the appropriate board under the environmental
management laws.
6. Pursuant
to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a
point source discharge, except for exclusions made in 327 IAC 5-2-4, is
prohibited unless in conformity with a valid NPDES permit obtained prior to the
discharge.
7. Pursuant
to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, U.S. Steel is required to
comply with all terms and conditions of the Permit.
8. Pursuant
to Part I.A of the Permit, the U.S. Steel is required to comply with the
effluent limitations contained in the Permit that are applicable to the
discharges from the outfalls identified therein.
9. IDEM
records, including discharge monitoring reports and letters submitted to IDEM
by U.S. Steel, for the period from March 2002 through March 2005, indicate that
U.S. Steel reported violations of numeric effluent limitations contained in the
Permit, in violation of IC 13-30-2-1,
327 IAC 5-2-2, 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part I.A of the
Permit, as follows:
A. The
daily maximum Ammonia-nitrogen concentration limitation applicable to the
discharges from Outfalls 005 and 010 (combined total), reported as Outfall 200,
was violated on March 3, 2003.
B. The
daily maximum Cyanide concentration limitation applicable to the discharges
from Outfalls 005 and 010 (combined total), reported as Outfall 200, was
violated on December 20, 22, 24, and 27, 2004.
C. The
daily maximum Cyanide mass limitation applicable to the discharges from
Outfalls 005 and 010 (combined total), reported as Outfall 200, was violated on
December 20, 22, 24, and 27, 2004.
D. The
monthly average Cyanide concentration limitation applicable to the discharges
from Outfalls 005 and 010 (combined total), reported as Outfall 200, was
violated in December of 2004.
E. The
monthly average Cyanide mass limitation applicable to the discharges from
Outfalls 005 and 010 (combined total), reported as Outfall 200, was violated in
December of 2004.
F. The
daily maximum CBOD5 mass limitation applicable to the discharge from
Outfall 034 was violated on July 15, 2003.
G. The
daily maximum Phenol mass limitation applicable to the discharge from Outfall
034 was violated on December 12, 2002, and on March 9, 2004.
H. The
daily maximum Chromium mass limitation applicable to Outfall 034 was violated
on January 4, 2005, and March 1, 2005.
These violations were not referenced in the Notice of Violation.
I. The
daily maximum limit for total suspended solids (TSS) applicable to Outfall 604
was violated on February 28, 2005. This
violation was not referenced in the Notice of Violation.
10. U.S.
Steel has represented to IDEM, in a submittal dated August 1, 2005, that each of
the effluent violations referenced above was immediately investigated and
corrective measures were implemented.
Additionally, in an August 1, 2006 submittal, U.S. Steel indicated that
it had successfully demonstrated compliance with all the provisions of the
Permit for the twelve consecutive months ending June 30, 2006.
11. Part
III.A.1.c of the Permit states as follows:
The permittee shall monitor the
temperature of the Grand Calumet River at Broadway and downstream of Outfall
034 at the Clark Street Bridge weekly during the months of June, July, August
and September, and twice per month during the other months of the year. The measurements shall be taken at three
equally spaced intervals across the width of the river at
12. IDEM
records indicate that U.S. Steel installed a permanent monitoring station in
the
13. Part
III.A.2 of the Permit states as follows:
After reviewing the results of the
instream continuous temperature monitoring data, the IDEM reserves the right to
impose more restrictive temperature limits after the sediment remediation
project is completed.
14. IDEM
records indicate that for the period from March 2002 through December 2004, U.S.
Steel did not continuously monitor the instream temperature of the
15. U.S.
Steel does not admit any violation of 327 IAC 5-2-8(1), Part II.A.1 of the
Permit, or Part III.A of the Permit.
Nevertheless, U.S. Steel has agreed to begin continuous temperature
monitoring utilizing the permanent temperature monitoring station that has been
installed at Broadway, pursuant to Order Paragraph 3 below.
16. Pursuant
to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or
otherwise dispose into any of the streams or waters of Indiana; or cause,
permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise
disposed into any waters; any organic or inorganic matter that causes or
contributes to a polluted condition of any waters, as determined by a rule of
the board adopted under IC 13-18-4-1 and IC 13-18-4-3.
17. Pursuant
to 327 IAC 2-1.5-8(b)(1), all waters within the Great Lakes system at all times
and at all places, including the mixing zone, shall meet the minimum conditions
of being free from substances, materials, floating debris, oil, or scum
attributable to municipal, industrial, agricultural, and other land use
practices, or other discharges that: will settle to form putrescent or
otherwise objectionable deposits; are in amounts sufficient to be unsightly or
deleterious; produce color; produce visible oil sheen; produce odor; or produce
other conditions in such degree as to create a nuisance.
18. During
an inspection of the Site by IDEM on September 24, 2002, it was noted that the Respondent’s land use
practices in the vicinity of the Westside Landfill and the East Lake area
result in the discharge, to waters of the state, of substances, materials, floating debris, oil, or scum
that: settle to form putrescent or otherwise objectionable deposits, and/or are
in amounts sufficient to be unsightly or deleterious, and/or produce color, in
violation of 327 IAC 2-1.5-8(b)(1), IC 13-30-2-1, and IC 13-18-4-5.
19.
20. It is
IDEM's understanding that the Resource Conservation and Recovery Act
("RCRA") corrective action plan submitted by the Respondent to the United
States Environmental Protection Agency ("U.S. EPA") will address any
adverse effects to the environment resulting from Respondent's land use
practices. However, in light of the long
term nature of the RCRA corrective action, short term, mitigating measures for
the Northwest Pond have been included in the Order portion of this Agreed
Order.
21. IDEM records, including letters submitted by U.S. Steel to
IDEM, for the period from March 2002 through December 2004, indicate that oil
in amounts that produced visible oil sheen was discharged to waters of the
state, in violation of 327 IAC 2-1.5-8(b)(1), IC 13-18-4-5, and IC 13-30-2-1,
as follows:
A.
On
November 9, 2003, approximately 10 gallons of diesel fuel was discharged to the
B.
On
December 18, 2003, approximately one (1) quart of motor oil was discharged into
the
22. According
to U.S. Steel, both of the above releases were the result of independent
contractors' performance of dredging activities during the Grand Calumet River
Sediment Remediation Project. Absorbent
booms and/or pads were utilized to contain and absorb the releases. All dredging equipment has since been removed
from the
23. IDEM
alleges that the discharges referenced in item 21 above were not in conformity
with a permit, and thus also violated 327 IAC 5-2-2 and IC 13-30-2-1. U.S. Steel does not admit any violation of
its Permit, 327 IAC 5-2-2, or IC 13-30-2-1.
24. Pursuant
to Part I.N.2 of the Permit, the discharge from outfalls specified in the
Permit, including Outfalls 005, 018, and 039, shall not contain oil or other
substances in amounts sufficient to create a visible film or sheen on the
receiving waters.
25. IDEM records, including letters submitted by U.S. Steel to
IDEM, for the period from March 2002 through June 2005, indicate that U.S. Steel
discharged to receiving waters, from Outfalls 005, 018, or 039, oil in amounts
that created visible oil sheen, in violation of 327 IAC 5-2-8(1), Part
I.N of the Permit, and Part II.A.1 of the Permit, as follows:
A.
On
May 6, 2002, an estimated amount of one gallon of oil was discharged via
Outfall 018 to the Grand Calumet River, creating a visible oil sheen (IDEM
Incident No. 2002-05-039, NRC Incident No. 602484);
B.
On
December 18, 2002, an estimated amount of one gallon of oil was discharged via
Outfall 018 to the Grand Calumet River, creating a visible oil sheen (IDEM
Incident No. 2002-12-107, NRC Incident No. 632154);
C.
On
March 4, 2003, an estimated amount of one quart of oil was discharged via
Outfall 005 to the Grand Calumet River, creating a visible oil sheen (IDEM
Incident No. 2003-03-026, NRC No. 638456);
D.
On
August 29, 2003, an estimated amount of one quart of oil was discharged via
Outfall 039 to Lake Michigan, creating a visible oil sheen (IDEM Incident No.
2003-08-217, NRC Incident No. 655424);
E.
On
September 27, 2003, an estimated amount of one gallon of oil was discharged via
Outfall 039 to Lake Michigan, creating a visible oil sheen (IDEM Incident No.
2003-09-216, NRC Incident No. 700938);
F.
On
February 2, 2004, oil contaminated wastewater was discharged from the Coke
Plant via Outfall 005 to the Grand Calumet River, creating a visible oil sheen
(NRC Incident No. 712232);
G.
From
February 17 through February 20, 2004, oil was discharged via Outfall 005 to
the
H.
On
October 27, 2004, oil was discharged via Outfall 018 to the
I.
On
February 21, 2005, approximately 5 to 10 gallons of hydraulic oil from the
hydraulic cylinder for the relief valve on No. 6 Blast Furnace drained into the
clean water sewer that discharges into Outfall 018 to the
J.
On
June 28, 2005, approximately one quart of oil escaped when the Main Drive Motor
Lube oil cooler located at the 84" Hot Strip Mill failed. This oil entered the sewer system to Outfall
039 and produced a sheen on
26. In
its August 1, 2005 submittal, U.S. Steel advised IDEM that in each of the above
noted incidents absorbent booms were either in place or were deployed to
contain the discharge and each release was thoroughly investigated. Further, according to U.S. Steel, where the
source of the discharge was identified, U.S. Steel implemented corrective
actions to prevent recurrence.
27.
The
discharges referenced in item 26 above were not in conformity with a permit,
and thus also violated 327 IAC 5-2-2 and IC 13-30-2-1.
28.
IDEM records for
the period from March 2002 through June 2005, including letters submitted to
IDEM by U.S. Steel, indicate that, in addition to the occurrences cited above, U.S.
Steel discharged pollutants to waters of the state, not in conformity with a valid
NPDES Permit, in violation of 327 IAC 5-2-2 and IC 13-30-2-1, as follows:
A.
On
August 12, 2002, an estimated amount of forty-five gallons of sanitary
wastewater was released to
B.
On
October 14 through 22, 2002, recovered water from an oil recovery process was discharged
to the
C.
On
March 3, 2003, ammonia contaminated wastewater from the Coke Plant was
discharged directly to the
D.
On
August 18, 2004, untreated wastewater from the 80” Pickle Line was discharged to
the
E.
On
December 29, 2004, sanitary wastewater was discharged to the
F. On
January 21, 2005, approximately 500,000 gallons of process waters from the
1-BOP (basic oxygen process) gas cleaning system South Steel Producing area was
spilled to the ground and an unknown quantity entered the nearby clean water
sewers, which discharge through Outfalls 020 and 021. This discharge was not referenced in the
Notice of Violation.
G. On
January 28, 2005, approximately 200 gallons of process water entered the clean
water sewers near the Utility Department Central Water Treatment Plan. These sewers discharge through Outfalls 018
and 019. This discharge was not
referenced in the Notice of Violation.
H. On
January 30, 2005, approximately 10,000 gallons of T-1 pump station process
water was released from the Tin Mill to the ground and entered the nearby clean
water sewers that discharge directly through Outfall 034 after receiving
treatment at the ST-17 Final Oil Separator.
This discharge was not referenced in the Notice of Violation.
I. On
February 21, 2005, approximately 85 gallons of flushing liquor was released from
the #5 and #7 batteries and entered a nearby clean water sewer that discharges
through Outfall 010. This discharge was
not referenced in the Notice of Violation.
J. On
March 10, 2005, approximately 35 gallons of hydraulic fluid was discharged
through Outfall 010 to the
K. On
May 5, 2005, approximately 57 gallons of oil was discharged through Outfall 019
to the
L. On
June 16, 2005, an unknown amount of coal fines entered the non-contact cooling
water drain leading to Outfall 010. This discharge was not referenced in the
Notice of Violation.
29. In
its August 1, 2005 submittal, U.S. Steel asserts that it took actions to
contain each discharge, where possible, and developed procedures to prevent
recurrence.
30. Part
I.F of the Permit requires U.S. Steel to develop and implement a Storm Water
Pollution Prevention Plan (SWPPP), which must identify potential sources of
pollution which may reasonably affect the quality of storm water discharges
associated with industrial activity from the facility, describe the practices
to be used in reducing the potential for pollutants to be exposed to storm
water, and assure compliance with the terms and conditions of the permit.
31. U.S.
Steel has developed a SWPPP, which requires U.S. Steel to repair and maintain
the containment berms along Lake Michigan, and maintain the dike and berm areas
along selected areas of
32. During
an inspection of the Site on November 3, 2004, IDEM noted twenty one breaches
in an earthen berm along Lake Michigan, which allowed storm water to reach
33. U.S.
Steel has advised IDEM that it has implemented the following corrective
actions: U.S. Steel has reestablished
the berm in the areas identified during the IDEM inspection. Further, U.S.
Steel has inspected the entire berm and made necessary repairs. To ensure that the berm is maintained to
minimize runoff and erosion, U.S. Steel modified the SWPPP inspection schedule
to include inspections of the berm after significant storm events to determine
whether additional repairs are required.
34. Pursuant
to 327 IAC 5-2-8(8) and Part II.B.1 of the Permit, U.S. Steel is required at
all times to maintain in good working order and efficiently operate all
facilities and systems (and related appurtenances) for wastewater collection
and treatment that are installed and used by U.S. Steel and which are necessary
for achieving compliance with the terms and conditions of the Permit.
35. During the inspection of
the Site by IDEM on November 3, 2004, it was noted that one or more of the
unauthorized discharges noted above was the result of a failure by U.S. Steel
to maintain in good working order and/or efficiently operate all facilities and
systems (and related appurtenances) for wastewater collection and treatment, in
violation of 327 IAC 5-2-8(1), 327 IAC 5-2-8(8), Part II.A.1 of the Permit, and
Part II.B.1 of the Permit.
36. In
recognition of the settlement reached, U.S. Steel 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 U.S. Steel. This Agreed Order shall have no force or
effect until the Effective Date.
2. U.S.
Steel shall comply with IC 13-30-2-1, 327 IAC 5-2-2, 327 IAC 5-2-8(1) and Part
II.A.1 of the Permit, Part I.A of the Permit, Part III.A of the Permit, IC
13-18-4-5, 327 IAC 2-1.5-8(b)(1), Part I.N.2 of the Permit, Part I.F of the
Permit, 327 IAC 5-2-8(8), and Part II.B.1 of the Permit.
3. Beginning
on the Effective Date of this Agreed Order, U.S. Steel shall utilize the
permanent monitoring station to continuously monitor the instream temperature
of the
A.
B. The
highest hourly average recorded for each day shall be reported on the state
monthly monitoring report. The highest hourly
average recorded for each month shall be reported on the federal discharge
monitoring report as the maximum daily temperature for that month.
Pursuant to Part III.A.2 of the Permit,
after reviewing the results of the instream continuous temperature monitoring
data, the IDEM reserves the right to impose more restrictive temperature limits
after the sediment remediation project is completed.
These
provisions shall remain in effect until a renewal NPDES permit is issued to
U.S. Steel becomes effective, at which time U.S. Steel shall comply with the
temperature monitoring requirements contained therein.
4. The
Respondent shall, within thirty (30) days of the Effective Date, install a skirted
boom across the northeast corner of the Northwest Pond.
5. The
Respondent shall ensure that the berm along
6. U.S.
Steel shall ensure that all wastewater collection and treatment facilities are
maintained in good working order and efficiently operated at all times.
7. Immediately
upon the Effective Date of this Agreed Order, U.S. Steel shall:
A. Achieve
and maintain compliance with the numeric effluent limitations contained in the
Permit for Ammonia-nitrogen, Cyanide, CBOD5,
Phenol, Chromium, and TSS;
B. Ensure
that discharges to waters of the state, including
discharges from permitted outfalls, do not contain oil in amounts that create a
visible oil sheen; and
C. Ensure
that discharges of pollutants to waters of the state do not occur unless they
are authorized in conformity with a permit, as required by 327 IAC 5-2-2.
8. U.S.
Steel shall submit its written certification of compliance with this Agreed
Order in accordance with Order Paragraph 25.B (Certification) within sixty (60)
days following the Effective Date. In
the event that: 1) U.S. Steel fails to
make the Certification; or 2) IDEM provides timely written notice to U.S. Steel
that additional measures are required to achieve compliance in accordance with
Order Paragraph 25.C, U.S. Steel shall, within sixty (60) days of that
occurrence, develop and submit to IDEM, for approval, a plan (Action Plan) that
identifies the additional actions that the U.S. Steel will take to achieve and
maintain compliance with the requirements contained herein. The Action Plan shall include a schedule,
including specific milestone dates for initiating and completing the actions
contained therein.
Failure
by U.S. Steel to achieve compliance with the requirements contained in Order
Paragraph 7 above upon completing implementation of the Action Plan shall not
necessitate the submittal of an additional Action Plan under this Agreed Order,
but shall subject U.S. Steel to additional enforcement action.
9. The
plan required by Order Paragraph 8 is subject to IDEM approval. If IDEM deems the plan inadequate, a revised
plan shall be submitted within fifteen days of receipt of notice from IDEM of
the inadequacies thereof. If, after
submission of the first revised plan, IDEM still finds the plan to be
inadequate, then IDEM will request further modification of the plan as
necessary to meet IDEM’s requirements, and require re-submittal of the plan by
a specific date. If the subsequently
submitted second revised plan does not meet IDEM’s approval, IDEM will suggest
specific modifications to be made to the plan and require re-submittal by a
specific date. If, by the specified
date, the Respondent does not submit a third revised plan that incorporates the
IDEM-suggested modifications or submit an alternative adequate plan (as
determined by IDEM), the IDEM-suggested modifications will be deemed
incorporated into the plan.
10. Any plan approved pursuant to this Agreed Order shall be
incorporated into this Agreed Order and shall be deemed an enforceable part
thereof. The Respondent, upon receipt of
written approval from IDEM, shall immediately implement the approved plan and
adhere to the milestone dates therein.
11. The
Respondent shall notify IDEM, in writing, within 10 days of completion of each
action contained in any approved plan. The notification shall include a
description of the action completed and the date it was completed.
12. All notices and submittals required by this Agreed Order,
unless notified otherwise in writing, shall be sent in duplicate, with a
separate copy of each submittal being directed to the following individuals,
and shall be deemed submitted when deposited in the U.S. Mail, return receipt
requested, or an overnight delivery service with equivalent documentation of
delivery:
For
IDEM:
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Terry Ressler, Case Manager |
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IDEM, Water Enforcement Section |
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Office of Enforcement, Mail Code 60-02 |
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Nicholas Ream, Environmental Engineer |
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Northwest Regional Office |
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Indiana Department of Environmental Management |
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For
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Ken Mentzel, Manager
Environmental Control |
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1 N Broadway – MS 70A |
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C. Daniel Baker, Jr., Senior
General Attorney |
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Environmental and Real Estate |
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United States Steel
Corporation |
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13. U.S.
Steel is assessed a civil penalty of Twenty-Three Thousand Eight Hundred
Dollars ($23,800). 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.
14. In the event the following terms and conditions of the
following paragraphs are violated, unless excused by Force Majeure, IDEM may
assess and U.S. Steel shall pay a stipulated penalty in the following amount:
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Order
Paragraph Number |
Violation
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Penalty Amount |
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3 |
Failure to utilize the
permanent monitoring station to continuously monitor the instream temperature
of the |
$250 per day |
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3 |
Failure to utilize the
results of the continuous monitoring for purposes of reporting temperature
values in discharge monitoring reports as required by Order Paragraph 3 |
$250 per occurrence |
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4 |
Failure to install a
skirted boom across the north east corner of the Northwest Pond |
$250 per day |
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5 |
Failure to ensure that the
berm along Lake Michigan is repaired and maintained as necessary to minimize
runoff and erosion as required by Order Paragraph 5 |
$250 per occurrence |
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7 |
Failure to comply
with any requirement of Order Paragraph 7, unless the event is deemed Force
Majeure pursuant to Order Paragraph 18 or is attributable to a third party |
$1,000 per violation |
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8 |
Failure
to timely submit an Action Plan, if applicable |
$250 per each week or part
thereof late |
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9 |
Failure
to submit a revised Action Plan, as required, within the required time period |
$250 per each week or part
thereof late |
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10 |
Failure
to meet any milestone date set forth in any approved Action Plan |
$1,000 per each week or
part thereof late |
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11 |
Failure
to timely submit notification of completion of an action contained in any
approved Action Plan |
$250 per each week or part
thereof late |
15. Stipulated
penalties shall be due and payable within thirty (30) days after U.S. Steel
receives written notice that the IDEM has reasonably determined a stipulated
penalty is due. Assessment and payment
of stipulated penalties shall not preclude IDEM from seeking any additional
relief against U.S. Steel for violation of the Agreed Order. In lieu of any of the stipulated penalties
given above, IDEM may seek any other remedies or sanctions available by virtue
of U.S. Steel's violation of this Agreed Order,
16. 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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Indiana Department of
Environmental Management |
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Cashiers Office – Mail
Code 50-10C |
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17. In
the event that the civil penalty required by Order paragraph 13 is not paid within
thirty (30) days of the Effective Date of this Agreed Order, U.S. Steel 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.
18. “Force
Majeure”, for purposes of this Agreed Order, is defined as any event arising
from causes totally beyond the control and without fault of U.S. Steel that
delays or prevents the performance of any obligation under this Agreed Order
despite the Respondent’s best efforts to fulfill the obligation. The requirement that U.S. Steel 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.
U.S.
Steel 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 U.S. Steel 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 U.S. Steel to minimize the delay, and the timetable by
which these measures will be implemented.
U.S. Steel 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 U.S. Steel from asserting any claim of force majeure for that
event. U.S. Steel 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.
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.
19. This
Agreed Order shall apply to and be binding upon IDEM and U.S. Steel, as well as
their respective successors and assigns. U.S. Steel'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 U.S. Steel shall in
any way alter its status or responsibilities under this Agreed Order.
20. 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.
21. U.S.
Steel shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. U.S. Steel shall ensure that all contractors,
firms and other persons performing work under this Agreed Order comply with the
terms of this Agreed Order.
22. In
performing work pursuant to the Agreed Order, U.S. Steel shall comply with all
applicable federal, state, and local laws and regulations, and shall obtain and
comply with any necessary licenses or permits.
23. This
Agreed Order is not and shall not be interpreted to be a Permit, nor shall it
in any way relieve U.S. Steel of its obligation to comply with the applicable
requirements of federal or state law or regulation.
24. IDEM
does not, by its approval of this Agreed Order, warrant or aver in any manner
that U.S. Steel's compliance with any aspect of this Agreed Order will result
in compliance with any applicable requirements of federal or state law or
regulation.
25. This
Agreed Order shall remain in effect until all of the following have occurred:
A. U.S.
Steel has complied with all terms and conditions of Order Paragraphs 3 through 18;
B. U.S.
Steel has certified to IDEM that it has completed all other actions it is
required to complete under this Agreed Order and is in compliance with the
terms of Order Paragraphs 3 through 18; and
C. IDEM,
within sixty (60) days of submittal of the certification pursuant to Order
Paragraph 25.B above (Review Period), has not provided U.S. Steel with written
notice that additional measures are required to achieve performance with the
Agreed Order. If IDEM provides timely
written notice to U.S. Steel that additional measures are required to achieve
performance with the Agreed Order, this Agreed Oder shall remain in effect
until U.S. Steel completes the additional measures and submits a supplemental
certification of completion to IDEM, and another Review Period has passed
without additional measures being required by IDEM.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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United States Steel
Corporation |
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By: |
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By: |
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Mark W. Stanifer |
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Printed |
Michael
S. Williams |
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Chief, Water Enforcement
Section |
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Title: |
General
Manager |
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Office
of Enforcement |
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Date: |
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Date: |
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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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By: |
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By: |
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Sierra
Cutts |
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Office
of Legal Counsel – Attorney General’s Office |
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Date: |
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Date: |
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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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,
2006. |
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For
The Commissioner: |
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Signed
on September 8, 2006 |
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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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