STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. LONE STAR INDUSTIRES INC,
DBA BUZZI UNICEM Respondent. |
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AGREED ORDER
Complainant and 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 (“IDEM”), a department of the State of
2.
Respondent is
Lone Star Industries Inc, dba Buzzi Unicem USA which owns and operates the
Portland cement manufacturing plant with Plant ID No. 133-00002 located at 3301
South County Road 1500 West, in Greencastle, Putnam County, Indiana.
3.
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 (“NOV”) via Certified Mail to Lone
Star Industries dba Buzzi Unicem
5.
Respondent owns
and operates a Portland cement manufacturing plant for the manufacture of Portland
cement.
6.
During a records
review of the First Quarter 2009 Excess Emissions Report conducted by a
representative of IDEM, the following violations were found:
a. Pursuant
to 326 IAC 3-5, 40 CFR 63, Subpart LLL, Permit Condition D.5.8(b) of Operating
Permit Number 6927, respondent shall continuously monitor opacity of emissions
at the outlet of the PM control device for the clinker cooler stack (Stack 3-2).
The COM shall be installed, maintained, calibrated
and operated as required by 40 CFR 63, Subpart A and 326 IAC 3-5.
COMs unit did not operate for a period of 45.08 hours or 3.14% of 1434.42 hours
of operation during the first quarter 2009 in violation of 40 CFR 63, Subpart A
and 326 IAC 3-5.
b. Pursuant
to 326 IAC 2-7-5(A)(iii), Permit Condition C.14(d)(1) respondent shall take
visible emission notations readings once per hour during daylight operations following the shutdown or malfunction of the
primary COM.
During COMs downtime, the respondent did not take visible emissions readings in
violation of 326 IAC 2-7-5(A)(iii).
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 Complainant or
Complainant’s delegate, and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall
comply with 326 IAC 3-5 and Permit Condition D.5.8(b).
3.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
David
L. Harrison, Compliance and Enforcement Manager |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
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4.
Respondent is
assessed a civil penalty of Seven Thousand Seven Hundred and Fifty Dollars ($7,750.00). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date. In the event that the
civil penalty is not paid within thirty (30) days of the Effective Date,
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.
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 |
Cashier
– Mail Code 50-10C |
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6.
This Agreed
Order shall apply to and be binding upon Respondent and its successors and
assigns. Respondent’s signatories to
this Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or partnership
status of Respondent shall in any way alter its status or responsibilities
under this Agreed Order.
7.
In the event
that any terms of this 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 this Agreed Order did not contain the invalid terms.
8.
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.
9.
This Agreed
Order is not and shall not be interpreted to be a permit or a modification of
an existing permit. This Agreed Order,
and IDEM’s review or approval of any submittal made by Respondent pursuant to
this Agreed Order, shall not in any way relieve Respondent of its obligation to
comply with the requirements of its applicable permit or any applicable Federal
or State law or regulation.
10.
Complainant does
not, by its approval of this Agreed Order, warrant or aver in any manner that
Respondent’s compliance with any aspect of this Agreed Order will result in
compliance with the provisions of any permit, order, or any applicable Federal
or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held
liable for any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
11.
Nothing in this
Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or
injunctive relief under any applicable Federal or State law or regulation,
except that IDEM may not, and hereby waives its right to, seek additional civil
penalties for the same violations specified in the NOV.
12.
Nothing in this
Agreed Order shall prevent IDEM or anyone acting on its behalf from
communicating with the EPA or any other agency or entity about any matters
relating to this enforcement action.
IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties Respondent may incur as a result of such communications with
the EPA or any other agency or entity.
13. This Agreed Order shall
remain in effect until Respondent has complied with all terms and conditions of
this Agreed Order.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Lone Star Industries Inc, dba Buzzi Unicem |
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By: |
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By: |
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Craig L. Henry, Chief |
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Printed: |
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Compliance and Enforcement Section V |
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Title: |
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Office of Air Quality |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental Management |
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By: |
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By: |
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Deputy Attorney General |
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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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OF |
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, 2009. |
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For the Commissioner: |
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Signed on December 28, 2009 |
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Thomas W. Easterly |
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Commissioner |
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