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STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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COUNTY OF MARION |
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ENVIRONMENTAL MANAGEMENT |
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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. 2010-19610-H |
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ArcelorMittal
Burns harbor, llc, |
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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 ArcelorMittal Burns Harbor, LLC (“Respondent”),
which owns and/or operates a facility with United States Environmental
Protection Agency (EPA) ID No. IND003913423, located at 250 West US HWY 12, in
Burns Harbor, Porter County, Indiana (“Site”).
3.
IDEM
has jurisdiction over the parties and the subject matter of this action.
4.
Respondent
waives issuance of a Notice of Violation and to the settlement period of sixty
(60) days as provided for by IC 13-30-3-3.
5.
Respondent
is an integrated steel mill.
6.
329
IAC 3.1 incorporates certain federal hazardous waste management requirements
found in 40 CFR Parts 260 through 270 and Part 273, including those identified
below.
7.
During
an investigation, including an inspection on November 18, 2010, conducted by a
representative of IDEM, the following violations were found:
a. Pursuant to IC 13-30-2-1(1), no person
shall discharge, emit, cause, allow, or threaten to discharge, emit, cause, or
allow any contaminant or waste, including any noxious odor, either alone or in
combination with contaminants from other sources, into the environment in any
form that causes or would cause pollution that violates or would violate 40 CFR
265.31, a rule adopted by the board under the environmental management
laws. Respondent caused/allowed a
release at or around the coal tar tank “C” six inch drain valve, at or around
the back of the coal tar mixing bunker, at or around a hose used to transfer LTS
baghouse dust from the baghouse
to a 30 cubic yard roll-off container
and at a fume scrubber duct line in the Pickle Line.
The release at or
around the coal tar tank “C” six inch drain valve was remediated during the
November 18th inspection. The
releases at or around the back of the coal tar mixing bunker, the hose at the
30 cubic yard roll-off box of LTS baghouse dust and
the fume scrubber duct line in the Pickle Line were remediated prior to the
Effective Date (as defined below) of this Agreed Order
b. Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.31, facilities must be maintained and operated to
minimize the possibility of a fire, explosion, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air,
soil, or surface water which could threaten human health or the
environment. Respondent failed to
properly manage the coal tar tank “C” six inch drain valve, a 30 cubic yard
roll-off box of LTS baghouse dust and a scrubber duct
line in the Pickle Line to minimize releases to the environment.
c. Pursuant to 40 CFR 262.34(a)(1)(ii)
referencing 40 CFR 265.193, all new and existing tank systems must have
secondary containment systems operated to prevent the migration of waste or
liquid out of the system and be capable of detecting and collecting releases
and accumulated liquid. The system must
be lined with or constructed of materials compatible with the waste and
provided with a leak detection system that will detect a release within 24
hours. The system must be free of cracks
or gaps. Respondent did not provide
secondary containment to meet 40 CFR 265.193.
Specifically, cracks/holes were observed on the south and north side of
the secondary containment system and the impermeable interior coating/lining
was absent at the spent pickle liquor tank.
d. Pursuant to 40 CFR 262.34(a)(1)(ii)
referencing 40 CFR 265.195, a generator must inspect tank systems once each
operating day. Generators of tank
systems that either use leak detection equipment to alert facility personnel to
leaks, or implement established workplace practices to ensure leaks are
promptly identified, must inspect tank systems at least weekly. Use of the alternate inspection schedule must
be documented. Respondent did not
conduct the required inspections of its hazardous waste tank systems.
e. Pursuant to 329 IAC 13-4-3(d),
generators must label all used oil containers and aboveground tanks with the
words “Used Oil.” Respondent did not
label one (1) thirty gallon and fourteen (14) fifty-five gallon used oil
containers with the words “Used Oil” located at the Sinter Plant Used Oil
Storage Area.
Prior to the Effective Date, the
containers were properly marked with the words “Used Oil and/or removed from
the Sinter Plant Used Oil Storage Area.
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 rules listed in the findings here and/or above at issue.
3. On or before May 1, 2011, Respondent
shall have repaired the secondary tank containment system on the spent pickle
liquor tank noted in the inspection. On
or before June 1, 2011, Respondent shall submit to IDEM documentation that the
secondary containment system has been repaired.
4. All submittals required by this Agreed
Order, unless Respondent is notified otherwise in writing by IDEM, shall be
sent to:
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Linda L. McClure, Enforcement Case
Manager |
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Office of Land Quality,
Enforcement Section - Mail Code 60-02L |
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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 |
5. Respondent is assessed a civil penalty
of Seventeen Thousand Two Hundred Dollars ($17,200). 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.
6. In the event the terms and conditions
of the following paragraphs are violated, Complainant may assess and Respondent
shall pay a stipulated penalty in the following amount:
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Paragraph |
Action |
Penalty |
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3 |
Secondary tank
repair/documentation |
$500 per week |
7. Stipulated penalties shall be due and
payable within thirty (30) days after Respondent receives written notice that
Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated
penalties shall not preclude Complainant from seeking any additional relief
against Respondent for violation of this Agreed Order. In lieu of any of the stipulated penalties
set out above, Complainant may seek any other remedies or sanctions available
by virtue of Respondent’s violation of this Agreed Order or Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
8. 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:
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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 |
9. 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.
10. 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.
11. 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.
12. 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 permits or any
applicable Federal or State law or regulation.
13. 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.
14. 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 inspection report.
15. 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.
16. This Agreed Order shall remain in effect
until IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department of
Environmental Management |
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By:
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By: _________________________ |
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Nancy L.
Johnston, Section Chief |
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Enforcement
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Printed:
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Office
of Land Quality |
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Title:
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Date: __________________ |
Date:
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COUNSEL FOR COMPLAINANT: |
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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________________________,
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For
the Commissioner: |
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Signed
May 20, 2011 |
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Bruce H Palin |
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Assistant
Commissioner |
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Office
of Land Quality |
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