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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT |
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Complainant, |
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Case No. 2009-18786-A |
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LEHIGH CEMENT COMPANY, |
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Respondent[s]. |
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AGREED ORDER
Complainant and
Respondent[s] 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
Lehigh Cement Company which owns and operates the Portland cement manufacturing
plant with Plant ID No. 093-00002 located at
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
Lehigh Cement Company.
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 2008 Excess Emissions Report conducted by a
representative of IDEM, the following violations were found:
a. Pursuant
to 326 IAC 305, 40 CFR 63, Subpart LLL, Permit Condition D.5.8(a) Operating
Permit Number 5990, respondent shall continuously monitor opacity of emissions
at the outlet of the PM control device for the clinker cooler stack (Stack
S-KDC4). The Continuous Opacity Monitor
(COM) shall be installed, maintained, calibrated and operated as required by 40
CFR 63, Subpart A and 326 IAC 3-5.
Respondents COM on clinker cooler number 2 stack (Stack S-KDC4) did not operate
for a period of 172.5 hours or 9.59% of 1798.2 hours of operation, in violation
of Permit Condition D.5.8(a).
b. Pursuant
to 326 2-7-5(3)(A)(iii), Permit Condition C.12(c) respondent shall take visible
emission notations readings for a minimum of one (1) hour, beginning four (4)
hours after the start of the malfunction or down time.
During the COM downtime, respondent did not take visible emissions readings in
violation of 326 IAC 20706 and Permit Condition C.12(c).
7.
During the
review of the 2008 Annual Compliance Certification by a representative of IDEM,
the following violations were found:
a.
Pursuant to 326
IAC 2-7-6, Permit Condition D.1.7, and the Joint Stipulation of Stay of Effectiveness
dated November 26, 2003, respondent shall take visible emission notations of
the unites identified in the Joint Stipulation of Stay of Effectiveness once
per day during normal daylight operations.
Respondent did not take six (6) visible emissions notations during 2008 in
violation of 326 IAC 2-7-6 and Permit Condition D.1.7.
b.
Pursuant to 326
IAC 2-7-6, Permit Condition D.1.8, and the Joint Stipulation of Stay of
Effectiveness dated November 26, 2003, respondent shall record the total static
pressure drop across each of the units identified in the Joint Stipulation of
Stay of Effectiveness at least once per day when the associated
facility/emissions unit is in operation.
Respondent did not record five (5) parametric monitoring readings during 2008
in violation of 326 IAC 2-7-6 and Permit Condition D.1.8.
c.
Pursuant to 326
IAC 2-7-6, Permit condition D.2.13, and the Joint Stipulation of Stay of
Effectiveness dated November 26, 2003, respondent shall record the total static
pressure drop each baghouse controlling the raw mills at least once per day
when the associated facility/emissions unit is in operation.
Respondent did not take and record thirty-three (33) parametric monitoring
readings during 2008 in violation of 326 IAC 2-7-6 and Permit Condition D.2.13.
d.
Pursuant to 326
IAC 2-7-6, Permit Condition D.3.11 and the Joint Stipulation of Stay of
Effectiveness dated November 26, 2003, respondent shall take visible emission
notations of the units identified in the Joint Stipulation of Stay of Effectiveness
once per day during normal daylight hours.
Respondent did not take twenty-five (25) visible emissions notations in
violation of 326 IAC 2-7-6, Permit Condition D.3.11.
e.
Pursuant to 326
IAC 2-7-6, Permit Condition D.3.12, and the Joint Stipulation of Stay of
Effectiveness dated November 26, 2003, respondent shall record the total static
pressure drop across each of the units identified in the Joint Stipulation of
Stay of Efectiveness at least once per day when the associated facility/emission
units are in operation and venting to the atmosphere.
Respondent did not record thirty-four (34) parametric monitoring readings
during 2008 in violation of 326 IAC 2-7-6, Permit Condition D.3.12.
f.
Pursuant to 326
IAC 2-7-6, Permit Condition D.5.11, respondent shall record the total static
pressure drop across each clinker cooler baghouse at least once per day when
the associated facility/emissions unit is in operation and venting to the
atmosphere.
Respondent did not take and record thirty-one (31) parametric monitoring
reading during 2008 in violation of 326 IAC 2-7-6 and Permit Condition D.5.11.
8.
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 326 IAC 2-7-6, Permit Condition D.5.7(a) and
D.5.11, and Permit Conditions D.1.7, D.1.8, D.2.13, D.3.11, D.3.12, as agreed
and stipulated in Joint Stipulation of Stay of Effectiveness dated November 26,
2003.
3.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
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David
L. Harrison, Compliance and Enforcement Manager |
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Compliance
and Enforcement Branch – Mail Code 61-53 |
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Indiana
Department of Environmental Management |
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4.
Respondent is
assessed a civil penalty of Nine Thousand Four Hundred Dollars ($9,400.00). 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:
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Indiana
Department of Environmental Management |
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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 IDEM issues a Resolution of Case letter to
the Respondent.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Lehigh Cement Company |
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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 IV |
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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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, 2010. |
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For the Commissioner: |
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Signed on March 30, 2010 |
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Thomas W. Easterly |
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Commissioner |
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