STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. CARMEUSE LIME, INC., 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. 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 (“IDEM”), a department of the State of Indiana created by Indiana
Code (“IC”) 13-13-1-1.
2.
Respondent
is Carmeuse Lime, Inc. (“Respondent”), which owns and operates the lime
manufacturing plant with Plant ID No. 089-00112, located at One North Carmeuse
Drive, in Gary, Indiana (“Site”).
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:
Mr.
Thomas A. Buck, President |
National
Registered Agents, Inc. |
Carmeuse
Lime, Inc. |
for
Carmeuse Lime, Inc. |
7033
Oak Park Drive |
320
North Median Street |
Gibsonia,
PA 15044 |
Indianapolis,
IN 46204 |
5.
During an
investigation conducted by a representative of IDEM, the following violations
were found:
a. Pursuant to 326 IAC 20-91 and Condition
E.1.2 of Part 70 Permit 089-23750-00112 (“Permit”), PM emissions from Kiln #3 shall
not exceed 0.12 pounds per ton of stone feed.
Based on the stack test on Kiln #3 conducted on November 13, 2008, Respondent
exceeded 0.12 pounds of PM per ton of stone feed, in violation of 326 IAC 20-91
and Condition E.1.2 of the Permit.
b. Pursuant
to 326 IAC 20-91 and Condition E.1.2 of the Permit, PM emissions from Kiln #4
shall not exceed 0.12 pounds per ton of stone feed.
Based on the stack test on Kiln #4 conducted on May 7, 2009, Respondent
exceeded 0.12 pounds of PM per ton of stone feed, in violation of 326 IAC 20-91
and Condition E.1.2 of the Permit.
6.
The source
retested Kiln #3 on February 4, 2009 with the results indicating compliance
with the particulate matter condition listed in the source’s current permit. The source retested Kiln #4 on June 12, 2009
with the results indicating compliance with the particulate matter condition
listed in the source’s current permit.
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 rules and permit conditions listed in the findings of fact above
at issue.
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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Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
4.
Respondent
is assessed a civil penalty of Twenty Thousand Dollars ($20,000). 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 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
– Mail Code 50-10C |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
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 their 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 their obligation
to comply with the requirements of their 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
Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Carmeuse Lime, Inc. |
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By: |
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By: |
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J.
Robert Simmons, Deputy Director |
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Printed: |
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Northwest
Regional Office Chief |
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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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DAY OF |
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,
2010. |
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For
the Commissioner: |
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Signed
on August 18, 2010 |
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Keith
Baugues, Assistant Commissioner Office
of Air Quality Indiana
Department of Environmental Management |
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