STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

STEEL DYNAMICS, INC.,

Respondent.

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Case No. 2005-15280-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.

 

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 Steel Dynamics, Inc. (“Respondent”), which owns and operates a mini steel mill, with ID No. 033-00043 located at 4500 County Road 59, in Butler, DeKalb 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 IDEM issued a Notice of Violation via Certified Mail to:

 

Mr. Keith Busse

President and Registered Agent

6714 Pointe Inverness Way

Suite 200

Fort Wayne

IN 46804

 

5.                  A visible emissions evaluation, on November 2, 2005, 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:

 

a.         Pursuant to 326 IAC 2-2-3 and operation condition No. 16 of Construction Permit No. 9187, visible emissions from a the LMF stack (No. 17) shall not exceed three percent (3%) opacity.

 

On November 2, 2005, an IDEM representative noted that visible emissions from the LMF averaged six and a quarter percent (6.25%) opacity for one six minute period, and a five percent (5.0%) opacity for another, resulting in violations of 326 IAC 2-2-3 and operation condition No. 16 of Construction Permit No. 9187.

 

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 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 2-2-3 and operation condition No. 16 of Construction Permit No. 9187.

 

3.                  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

 

4.                  Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000.00).  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.

 

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

Cashiers Office – Mail Code 50-10C

100 N. Senate Avenue

Indianapolis, IN  46204-2251

 

6.                  In the event that the civil penalty required by Order paragraph No. Four (4) 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 has complied with all terms and conditions of this Agreed Order.

 

 

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TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Steel Dynamics, 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 15, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement