STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2005-14538-A
					)
HARSCO CORPORATION					)
d.b.a. REED MINERALS – PLANT 14,					)
					)
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 Harsco Corporation d.b.a. Reed Minerals – Plant 14 (“Respondent”), which owns and operates an existing stationary slag processing plant with ID number 089-00107 located at 7100 West 9^th Avenue, in Gary, Lake 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, on July 12, 2005, IDEM issued a Notice of Violation via Certified Mail to:

Mr. Derek C. Hathaway, President	CT Corporation System, Registered Agent
Harsco Corporation – Reed Minerals	251 East Ohio Street
350 Poplar Church Road	Suite 1100
Camp Hill, PA 17011	Indianapolis, IN 46204

5. A visible emissions evaluation, on November 09, 2004, was conducted at the Site by a representative of IDEM’s Office of Air Quality (“OAQ”). The following violations were in existence or observed at the time of this visible emissions evaluation:

a) Pursuant to condition D.1.3 of FESOP 089-16215-00017, the Particulate Matter (PM)/PM10 emissions from the processing area shall not exceed 9.0 lbs/hr.

November 09, 2004, the source conducted a stack test to determine compliance with emission limitations. A review of the results indicate that the source averaged 13.1 lbs/hr, a violation of 326 IAC 2-8 and condition D.1.3 of FESOP 089-16215-00017.

6. On August 26, 2005, Respondent replaced the wet scrubber (identified as # 14-002) for particulate control with a baghouse control to comply with emission limitations.

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. Respondent shall comply with 326 IAC 2-8 and condition D.1.3 of FESOP 089-16215-00017.

3. Respondent shall conduct a retest of Particulate Matter Emissions within thirty (30) days of Effective Date.

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

Brenda Mathews, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Compliance & Enforcement

100 North Senate Avenue

MC 60-02 IGCN 1315

Indianapolis, IN 46204-2251

5. Respondent is assessed a civil penalty of Five Thousand Six Hundred Twenty Five Dollars ($5,625.00). 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.

6. 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 – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

7. In the event that the civil penalty required by Order paragraph No. Five (5) 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.

8. 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.

9. 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.

10. 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.

11. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management				Harsco Corporation d.b.a.
				Reed Minerals – Plant 14
By: _________________________				By: Brian Tucker________________
	David P. McIver
	Chief, Air Section			Printed: ______________________
Office of Enforcement
				Title: President__________
Date: Signed October 6, 2005_______				Date: Signed October 28, 2005
COUNSEL FOR COMPLAINANT:				COUNSEL FOR RESPONDENT:
Department of Environmental Management				Hatchet & Hauck, LLP
By: Jay Rodia_________________				By: James M. Hauk_________
	Office of Legal Counsel
Date: Signed November 18, 2005__				Date: Signed October 24, 2005
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF			, 200	.
			For The Commissioner:
			Signed November 18, 2005
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement