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STATE OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. LEHIGH CEMENT COMPANY LLC, 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 Lehigh Cement Company LLC, formerly Lehigh Cement Company, which owns and
operates the Portland cement manufacturing plant with Plant ID No. 093-00002
located at 180 N. Meridian Road in Mitchell, Lawrence 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 Lehigh Cement Company LLC.
5.
Respondent
owns and operates a Portland cement manufacturing plant for the manufacture of
Portland Cement
6. On December 9, 2009, stack testing was
conducted on the No. 3 Kiln Stack to determine compliance with particulate
matter emission rate.
a. Pursuant to 40 CFR 63, Subpart LLL,
Permit Condition D.4.4, the allowable emissions rate for the No. 3 Kiln Stack
is 0.3 lb/ton of feed (dry basis) to kiln of particulate matter.
The results of the emissions test showed the respondents No. 3 Kiln Stack
averaged 0.4 lb/ton of feed (dry basis) to kiln of particulate matter in
violation of 40 CFR 63, Subpart LLL, Permit Condition
D.4.4.
7. On February 3, 2010, No. 3 Kiln was
shutdown for a scheduled maintenance outage.
During the outage, the kiln system
operations and electrostatic precipitator systems were reviewed to determine
the cause of the particulate matter exceedance. No problems or abnormalities were found that
would have caused the emission limit exceedance. The kiln was brought back on line on April
14, 2010.
8. On April 8, 2010, a test protocol was
submitted to IDEM for the re-testing of the No. 3 Kiln.
9. On April 16, 2010, the Compliance Data
Section approved a test protocol to retest the No. 3 Kiln Stack.
10. On May 6, 2010, the kiln was re-tested
and the test report was submitted to the Compliance Data Section for
review. The test report review showed
that the No.3 Kiln demonstrated compliance with the emission limit. The measured average emission rate was 0.12
lb/ton of feed (dry basis).
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 40 CFR 63, Subpart LLL.
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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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
4.
Respondent
is assessed a civil penalty of $5,100.00.
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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100 North Senate Avenue |
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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 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 LLC |
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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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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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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT
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DAY OF |
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, 2010. |
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For the Commissioner |
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Signed on October 20, 2010 |
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Keith Baugues |
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Assistant Commissioner |
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Office of Air Quality |
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Indiana Department of Environmental Management |
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