STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. HARSCO CORPORATION, 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 HARSCO Corporation (“Respondent”), which owns and operates the HARSCO
Minerals with Plant ID No. 089-00107, located at 7100 West 9th
Avenue, in Gary, Lake County, 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.
Salvatore D. Fazzolari, President |
CT
Corporation System |
HARSCO
Corporation |
Registered
Agent |
350
Poplar Church Road |
251
E. Ohio Street, Suite 1100 |
Camp
Hill, PA 17011 |
Indianapolis,
IN 46204 |
5.
Respondent
owns and operates stationary slag processing plants.
6.
During
an investigation on June 14, 2011, the following violations were found:
Pursuant
to Federally Enforceable State Operating Permit (FESOP) No. 089-29004-00107 (“Permit”),
issued to Respondent on March 3, 2010, condition D.1.1, requires the Respondent
to limit the PM emissions 3.5 pounds per hour from the Rotary Dryer, P01-14,
with wet scrubber, CE01-14.
Respondent conducted stack testing on June 14, 2011 of the Rotary Dryer,
P01-14, with wet scrubber, CE01-14. The
test results indicated the rate of PM emissions were 4.0 pounds per hour. This exceeded the limit listed in the permit,
in violation of condition D.1.1 of the Permit.
7.
Respondent
retested the unit on September 27, 2011.
The test results indicated compliance with the PM limit listed in the
permit.
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 permit condition D.1.1 of Federally Enforceable State
Operating Permit No. 089-29004-00107.
3.
Within
sixty (60) days of the Effective Date, Respondent shall submit an application
for a permit modification to change the range of the pressure reading across
the scrubber controlling the Rotary Dryer identified as P01-14 so the minimum
reading is 8.0 inches of water.
4.
Respondent
shall operate the wet scrubber CE01-14 controlling the Rotary Dryer, P01-14, with
a differential pressure of greater than eight (8) inches of water until the
permit modification resulting from the application required in Order Paragraph
No. 3 is issued.
5.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Rick
Massoels, Compliance and Enforcement Manager |
Compliance
and Enforcement Branch – Mail Code 61-53 |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
6.
Respondent
is assessed and agrees to pay a civil penalty of Seven Thousand, Eight Hundred
Twelve Dollars and Fifty Cents ($7,812.50).
Said penalty amount shall be due and payable to the Environmental
Management Special Fund within thirty (30) days of the Effective Date; the 30th
day being the “Due Date”.
7.
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:
Paragraph |
Stipulated
Penalty |
Order
Paragraph 3 |
One
Hundred Dollars ($100.00) per week or part thereof |
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8.
Stipulated
penalties shall be due and payable no later than the 30th day after
Respondent receives written notice that Complainant has determined a stipulated
penalty is due; the 30th day being the “Due Date”. Complainant may notify Respondent at any time
that a stipulated penalty is due.
Failure to notify Respondent in writing in a timely manner of a stipulated
penalty assessment shall not waive Complainant’s right to collect such
stipulated penalty or preclude Complainant from seeking additional relief
against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant from seeking additional relief against
Respondent for a violation of this Agreed Order; such additional relief
includes any remedies or sanctions available pursuant to Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
9.
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 |
10.
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.
11.
In
the event that the monies due to IDEM pursuant to this Agreed Order are not paid
on or before their Due Date, Respondent shall pay interest on the unpaid
balance at the rate established by IC 24-4.6-1.
The interest shall be computed as having accrued from the Due Date until
the date that Respondent pays any unpaid balance. Such interest shall be payable to the
Environmental Management Special Fund, and shall be payable to IDEM in the
manner specified in Paragraph 8, above.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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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HARSCO Corporation |
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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 |
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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 THIS |
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DAY OF |
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,
2012. |
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For
the Commissioner |
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Signed
on July 17, 2012 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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