STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. HARSCO MINERALS BRIQUETTING 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 HARSCO Minerals Briquetting LLC (“Respondent”), which owns/operates HARSCO
Minerals Briquetting with Plant ID No. 089-00323, located at 5222 Indianapolis
Boulevard, in East Chicago, in 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”) to:
Salvatore
D. Fazzolari, President |
CT
Corporation System, Registered Agent |
HARSCO
Minerals Briquetting LLC |
251
E. Ohio Street, Suite 1100 |
350
Poplar Church Road |
Indianapolis,
IN 46204 |
Camp
Hill, PA 17011 |
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5.
Respondent
owns and operates a briquette manufacturing plant.
6.
During
a report review conducted by a representative of IDEM, the following violations
were found:
a.
Respondent owns and operates HARSCO Minerals
Briquetting LLC with Plant I.D. No. 089-00323 located at 5222 Indianapolis
Boulevard in East Chicago, Lake County, Indiana (the “Site”).
b.
Pursuant to
Condition D.1.6 of Federally Enforceable State Operating Permit (FESOP) No.
089-26691-00323 (“Permit”), issued on July 2, 2008, Respondent shall perform
daily visible emission notations of the drying system exhaust vent during normal
daylight operations when the associated facilities are in operation. Pursuant to Condition D.1.9 of the Permit,
Respondent shall maintain records of daily visible emission notations of the
drying system exhaust vent.
Respondent
did not perform and/or record daily visible emissions notations on Unit A on
five (5) different occasions, in violation of Conditions D.1.6 and D.1.9 of the
Permit.
c.
Pursuant to Permit Condition D.2.4
(Particulate Control) of the Permit,
Respondent shall operate the baghouse on the #1
briquetting line, during normal
daylight operations when the associated facilities are in operation.
Respondent did not operate the #1
briquetting line baghouse for one (1) year, causing excess
PM10 to enter the atmosphere, in violation of Condition D.2.4 of the Permit.
d.
Pursuant to Permit Conditions D.2.5 (Visible
Emissions Notations) and D.2.6 (Parametric Monitoring) of the Permit, Respondent shall perform daily visible emission
notations and differential pressure readings of the #1 briquetting line baghouse, during normal daylight operations when the
associated facilities are in operation. Pursuant to Permit Condition
D.2.8 (Record Keeping Requirements), Respondent shall maintain records of
visible emissions notations and pressure drop readings on the baghouse on briquetting line #1.
Respondent did not perform and/or
record visible emission notations or differential pressure readings on the baghouse on briquetting line #1 for one (1) year, in
violation of Conditions D.2.5, D.2.6, and D.2.8 of the Permit.
e.
Pursuant to Permit Condition D.3.4
(Particulate Control) of the Permit,
Respondent shall maintain baghouse fan equipment on
the small briquetting line (Plant 3) and have correct replacement parts
available if repair is needed.
Respondent did not maintain, in good
working order, the baghouse fan equipment on the
small briquetting line (Plant 3), or have correct replacement parts available
to allow the baghouse to operate, on six (6)
different occasions, in violation of Condition D.3.4 of the Permit.
f.
Pursuant to Permit Condition D.3.5 (Visible
Emissions Notations), of the Permit,
Respondent shall perform daily visible emissions notations on the baghouse of Desulf Station #2, during normal daylight operations when the
associated facilities are in operation. Pursuant to Condition D.3.8
(Record Keeping Requirements) of the Permit, Respondent shall maintain records
of daily visible emissions notations on the baghouse
on Desulf Station #2.
Respondent
did not perform and/or record daily visible emissions notations on the baghouse of Desulf Station #2, in
violation of Conditions D.3.5 and D.3.8 of the Permit.
g.
Pursuant to Permit condition D.3.5 (Visible
Emissions Notations), of the Permit, Respondent
shall perform daily visible emissions notations on the baghouse
of the small briquetting line (Plant 3), during
normal daylight operations when the associated facilities are in operation.
Pursuant to Condition D.3.8 (Record Keeping Requirements) of the Permit,
Respondent shall maintain records of daily visible emissions notations on the baghouse of the small briquetting line (Plant 3).
Respondent
did not perform and/or record daily visible emissions notations on the baghouse of the small briquetting line (Plant 3) on six (6)
different occasions, in violation of Conditions D.3.5 and D.3.8 of the Permit.
h.
Pursuant to Permit condition D.3.5 (Visible
Emissions Notations), of the Permit, Respondent
shall perform daily visible emissions notations on the baghouse
of the two (2) ford stations, during
normal daylight operations when the associated facilities are in operation.
Pursuant to Condition D.3.8 (Record Keeping Requirements) of the Permit,
Respondent shall maintain records of daily visible emissions notations on the baghouse of the two (2) ford stations.
Respondent
did not perform and/or record daily visible emissions notations on the baghouse of the two (2) ford stations on five (5) different
occasions, in violation of Permit conditions D.3.5 and D.3.8 of the Permit.
7.
Respondent
has implemented changes to improve record keeping procedures,
Respondent has retrained staff in the correct operation of control equipment and
has adequate replacement parts on hand.
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 operate the baghouse on the #1 briquetting line
at all times when the process is in operation pursuant to the Permit, conduct
and record all compliance monitoring required by the permit, and have
replacement parts available at all times for all equipment if maintenance is
required.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Amanda
Kulpa, 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 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Thirty Seven Thousand Two Hundred
Dollars ($37,200). 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”.
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 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 5, above.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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 Minerals Briquetting LLC |
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By: |
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By: |
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J.
Robert Simmons, Deputy Director |
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Northwest
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COUNSEL
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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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2013. |
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For
the Commissioner |
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Signed
on April 11, 2013 |
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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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