STATE OF
|
)
|
|
BEFORE THE INDIANA DEPARTMENT
|
|||
|
|
) |
SS: |
OF ENVIRONMENTAL MANAGEMENT |
|||
|
|
) |
|
|
|||
|
|
|
|
|
|||
|
COMMISSIONER OF THE DEPARTMENT |
) |
|||||
|
OF ENVIRONMENTAL MANAGEMENT, |
) |
|||||
|
|
|
) |
||||
|
Complainant, |
|
) |
|
|||
|
|
|
) |
|
|||
|
v. |
|
) |
Case No. 2005-14861-A |
|||
|
|
|
) |
|
|||
|
HARSCO CORPORATION a/k/a, |
|
) |
|
|||
|
HECKETT MULTISERV |
|
) |
|
|||
|
|
|
) |
|
|||
|
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 (AComplainant@) of the Indiana Department of Environmental
Management, a department of the State of
2.
Respondent
is Corporation a/k/a Multiserv (ARespondent@), which owns and operates a
stationary slag and kish processing facility with Federal ID number 089-00367, located on Ispat Inland, Inc.’s
property at 3236 Watling Street in East Chicago, Lake County, Indiana (ASite@).
3.
The
Indiana Department of Environmental Management (AIDEM@) has jurisdiction over
the parties and the subject matter of this action.
4.
Pursuant
to IC 13-30-3-3, on January 9, 2006, IDEM issued a Notice of Violation via
Certified Mail to:
|
Mr. Derek C. Hathaway, President |
CT Corporation System, Registered Agent |
|
|
Harsco Corporation |
for Harsco Corporation |
|
|
|
|
|
|
|
|
|
5.
An inspection, on July 12, 2005, was conducted at the Site
by a representative of IDEM=s Northwest Regional Office (NWRO). The following violations were observed at the
time of this inspection:
a)
Pursuant to permit number 089-17482-00367 issued on December 22, 2003,
condition C.6(d) and pursuant to 326 IAC 6-1-11.1(d)(3)(B) (old designation),
the opacity of fugitive particulate emissions from continuous transfer of
material onto and out of storage piles shall not exceed 10% 3-minute average.
2005, opacity of fugitive particulate
emissions from the continuous material transfer operation exceeded 10% 3-minute
average five times in violation of permit condition C.6(d) and 326 IAC
6-1-11.1(d)(3)(B) (designation before August 10, 2005).
6.
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 all terms and conditions of
permit number 089-17482-00367 issued on
December 22, 2003, and all of its subsequent amendments and modifications.
3.
Respondent shall comply with 326 IAC 6.8-10-3(3)(B), which
was designated as 326 IAC 6-1-11.1(d)(3)(B) before August 10, 2005.
4.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
|
Michael Stonik, Enforcement Case Manager |
|
Office of Enforcement Mail Code: 60-02 |
|
Indiana Department of Environmental Management |
|
|
|
|
5.
Respondent is assessed a civil penalty of Nine Thousand
Dollars ($9,000.00). 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 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:
|
Indiana Department of Environmental Management |
|
Cashier’s Office
Mail Code: 50-10C |
|
|
|
|
7.
In the event that the civil penalty required by Order
Paragraph 5 of this Agreed Order 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 a/k/a. |
||||||
|
|
Heckett Multiserve |
||||||
|
|
|
||||||
|
By: |
____________________ |
By: |
____________________ |
||||
|
|
David P. McIver |
|
|
||||
|
|
Chief, Air Section |
Printed: |
_____________________ |
||||
|
|
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 March 8, 2006 |
||||||
|
|
Matthew T. Klein |
||||||
|
|
Assistant Commissioner for |
||||||
|
|
Compliance & Enforcement |
||||||