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STATE OF |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. STEEL DYNAMICS, INC., 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 (“Complainant”) of the Indiana Department of Environmental
Management, a department of the State of
2.
Respondent
is Steel Dynamics, Inc. (“Respondent”), which operates the facility with U.S.
EPA ID No. INR 000019364, 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 and Amended Notice of Violation via Certified Mail to:
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Keith E. Busse, President and Registered Agent for |
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Steel Dynamics, Inc. |
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5.
Respondent
notified the U.S. EPA of Large Quantity Generator activities on December 1,
2003. Respondent produces carbon steel
for structural and rail use.
6.
An
inspection on April 19, 2004 was conducted at the Site and a record review was
conducted on November 8, 2004 by representatives of IDEM’s Office of Land
Quality (“OLQ”). The following
violations were in existence or observed at the time of this inspection and record
review:
a.
Pursuant
to 40 CFR 262.11, a person who generates a solid waste must determine if that
waste is hazardous.
As noted during the inspection, Respondent failed to make
hazardous waste determinations on refractory wastes generated from furnace,
ladle, and tundish maintenance. Multiple
refractory products are used in the facility’s processes, thereby generating
multiple refractory wastestreams. At the
time of the inspection, Respondent was sending the refractory wastes from the
melt shop directly to slag processing and mixing it with the slag debris. This slag debris, including refractory wastes,
was used on-site in several applications including road construction and
product storage areas.
Respondent submitted analytical results for three (3)
refractory wastestreams on July 12, 2005.
b.
Pursuant
to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, facilities must be maintained
and operated to minimize the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste to the air, soil, or surface
water, which could threaten human health or the environment.
As noted during the inspection, Respondent failed to
properly manage baghouse dust (K061) hazardous waste to minimize the
possibility of a release of hazardous waste to the environment. Baghouse dust was observed on the ground
outside the silo/baghouse loading areas.
Respondent indicated at a settlement conference between the
parties on February 23, 2005, that prior to issuance of the NOV, the baghouse
dust at these areas has been cleaned up, that a concrete pad has been placed at
these areas, and that additional measures have been added to minimize the
possibility of a future release.
c.
Pursuant
to IC 13-30-2-1(1), no person shall 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.
As noted during the inspection, Respondent allowed
contaminants, baghouse dust (K061), into the environment on the ground outside
the silo/baghouse loading areas.
d.
Pursuant
to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a
new tank system must have an integrity assessment certified by an independent,
qualified, registered, professional engineer in accordance with 40 CFR
270.11(d), attesting that the system has sufficient structural integrity.
As noted during the inspection, Respondent did not provide an
integrity assessment for the silo containing electric arc furnace baghouse dust
(K061).
e.
Pursuant
to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect
tank systems once each operating day and maintain records of the daily
inspections.
As noted during the inspection, Respondent did not conduct
the required inspections of the silo/baghouse.
Baghouse dust (K061) was observed on the ground outside the
silo/baghouse loading areas, indicating that inspections had not been conducted
of the areas.
f.
Pursuant
to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for
90 days or less without a permit, provided that the date when the accumulation
begins is clearly marked and visible for inspection on each container.
As noted during the inspection, Respondent failed to provide
one (1) 25-cubic yard roll-off containing K061 hazardous waste, located on the
north side of the baghouse/silo area, with the date when accumulation began.
g.
Pursuant
to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for
90 days or less without a permit, provided that the containers and tanks are
marked with the words "Hazardous Waste."
As noted during the inspection, Respondent failed to label
one (1) 25-cubic yard roll-off containing K061 hazardous waste and the silo containing
electric arc furnace baghouse dust (K061) with the words “Hazardous
Waste.” Respondent labeled the 25-cubic
yard roll-off at the time of the inspection.
h.
Pursuant
to 329 IAC 10-3-1(16), any other use of solid waste not listed in 329 IAC 10-3-1
must be approved by the Commissioner.
As noted during the record review, the Commissioner did not
approve Respondent’s use of refractory wastes.
Since the date of the inspection, Respondent has discontinued
adding refractory wastes generated from furnace, ladle, and tundish maintenance
to the slag debris.
According to Respondent, any slag debris currently stockpiled
on-site, including that which had refractory wastes added to it, has less than
one percent of refractory.
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 his 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
submit analytical results as described in the March 22, 2006 sampling plan
(with the addition of a fourth sampling point through the concrete added after
the inspection), demonstrating adequate cleanup of the area detailed in Finding
6.b. above. If IDEM reasonably determines
that the results submitted by Respondent do not demonstrate adequate cleanup,
Respondent shall provide IDEM with analytical results demonstrating adequate
cleanup within thirty (30) days after notice from IDEM that the initial results
are inadequate.
3.
Upon
the Effective Date of this Agreed Order, Respondent shall take the following
actions for the silo containing electric arc furnace baghouse dust (K061):
i.
Perform
daily inspections for baghouse dust potentially spilled or tracked from the
silo;
ii.
Perform
the clean up of spilled or tracked baghouse dust from the silo noted during the
daily inspections;
iii.
Maintain
records of the daily inspections;
iv.
Ensure
that the baghouse dust does not remain in the silos for more than 90 days;
v.
Maintain
records of baghouse dust removal every 90 days;
vi.
Maintain
the concrete pad under the silo to provide containment for a potential spill of
at least twenty cubic yards of baghouse dust; and
vii.
Label
the silo with the words, "Hazardous Waste."
4.
Upon
the Effective Date of this Agreed Order, Respondent shall continue to manage
refractory wastes separate from the slag debris. Respondent shall ensure that the refractory
wastes are either recycled or properly transported and disposed. The use of the slag debris stockpiled
on-site which had refractory wastes added to it may be used as a base in the
construction of on-site roads provided it is covered with asphalt. This material will have a base thickness of
approximately twenty-four (24) inches and will be covered with three (3) to
four (4) inches of a base asphalt material, and then covered with an additional
inch of asphalt road surface material. Respondent
shall maintain written records of the plans and/or specifications on-site until
completion of the project. Any slag
debris stockpiled on-site which had refractory wastes added to it but cannot be
used for this project shall be sent to a recycler or disposed at a permitted
disposal facility by December 31, 2006.
5.
All
submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
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Brenda Lepter, Enforcement Case Manager |
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Indiana Department of Environmental Management |
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Office of Enforcement |
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Mail Code 60-02 |
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6.
Respondent
is assessed a civil penalty of Twenty Thousand Seven Hundred Dollars ($20,700). 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.
7.
In
the event the terms and conditions of the following paragraphs are violated,
the Complainant may assess and the Respondent shall pay a stipulated penalty in
the following amount:
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Violation |
Penalty |
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Failure to comply with Order paragraph 2 |
$1000 per week late |
8.
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.
9.
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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Cashier’s Office - Mail Code 50-10C |
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10.
In
the event that the civil penalty required by Order paragraph 6 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.
11.
Notwithstanding
any other provision of this Agreed Order, the Complainant reserves, and this
Agreed Order is without prejudice to, Complainant’s right to institute a new
action for injunctive relief, costs and/or remediation of environmental
contamination that is discovered after entry into this Agreed Order or that was
not adequately remedied under this Agreed Order despite compliance by
Respondent with the terms of this Agreed Order.
The determination of whether remediation is required shall be made in
accordance with Complainant’s Risk Integrated System of Closure (RISC) as in
effect as of the date of entry of this Agreed Order.
12.
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.
13.
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.
14.
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.
15.
This
Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter
to Respondent.
16.
IDEM
shall issue a Notice of Dismissal to Respondent for the Amended NOV issued on
April 20, 2006, in Case No. 2004-14228-H(a) within five (5) days of the
Effective Date of this Agreed Order.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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Nancy L. Johnston, Chief |
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Office of Enforcement |
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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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Office of Legal Counsel |
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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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, 200 |
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For The Commissioner: |
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Signed on May 30, 2006 |
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Matthew T. Klein |
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Assistant Commissioner for |
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Compliance and Enforcement |
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