STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2013-21777-H
					)
ARCELORMITTAL INDIANA HARBOR LLC					)
					)
Respondent.					)

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 Indiana Harbor LLC “Respondent”, which owns and/or operates a facility with United States Environmental Protection Agency (EPA) ID No. IND 005462601 located at 3001 Dickey Road, in East Chicago, 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) on October 29, 2013 via Certified Mail to:

CT Corporation System, Registered Agent	Mr. Kevin Lurtz, Environmental Engineer
150 West Market Street, Suite 800	ArcelorMittal LLC-Indiana Harbor West
Indianapolis, Indiana 46204	3001 Dickey Road, Station 001
	East Chicago, Indiana 46312

5. On November 14, 1980, Respondent notified as a large quantity generator (LQG) of hazardous waste activities at the Site.

6. Respondent produces flat rolled steel products. Facility operations include blast furnaces, basic oxygen furnaces, sinter plant, pickling, coating, and cold rolling. Waste Chromic Acid (D002/D007), Ladle Metallic Furnace Bag House Dust (D006/D007/D008/D010), Wastewater Treatment Sludge (F006/F008), Universal Wastes, and Used Oil are the primary waste streams generated at the facility.

7. 329 IAC 3.1 incorporates certain federal hazardous waste management requirements found in 40 CFR 260 through 270, and Part 273 including these identified below.

8. During an investigation, including an inspection on June 19, 2013, conducted by representatives of IDEM, the following violations were found:

a. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous.

As noted during inspection, Respondent did not make a hazardous waste determination on Great Lakes Minerals Materials in 2-cubic yard plastic yards stored outside west of the Roll-Off Storage Area.

Subsequent to the inspection, Respondent conducted a proper waste determination on the Great Lakes Minerals Materials and determined it to be non-hazardous.

b. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

As noted during the inspection, Respondent did not store sixteen (16) 2-cubic yard plastic bags of LMF dust, a D006/D007/D008/D010 hazardous waste, closed.

On November 5, 2013, IDEM conducted a follow-up inspection and found all plastic bags of LMF dust closed.

c. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.174, a generator must inspect areas where containers are stored, at least weekly, looking for leaks and deterioration caused by corrosion or other factors.

As noted during the inspection, Respondent failed to conduct weekly inspections of the LMF less than 90-day container storage area located outside.

On November 5, 2013, IDEM conducted a follow-up inspection and found Respondent conducting weekly inspections of the LMF less than 90-day container storage area located outside.

d. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container.

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not mark eighty-two (82) 2-cubic yard plastic bags of LMF dust, a D006/D007/D008/D010 hazardous waste, with accumulation start dates.

On November 5, 2013, IDEM conducted a follow-up inspection and found all 2-cubic yard plastic bags of LMF dust marked with accumulation start dates.

e. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that, while being accumulated on-site, each container and tank is labeled or marked clearly hazardous waste containers with the words “Hazardous Waste.”

As noted during the inspection, Respondent accumulated hazardous waste on-site, without a permit, and did not label or clearly mark seventy-one (71) 2-cubic yard plastic bags of LMF dust, a D006/D007/D008/D010 hazardous waste, with the words “Hazardous Waste.”

On November 5, 2013, IDEM conducted a follow-up inspection and found all 2-cubic yard plastic bags of LMF dust labeled with the words “Hazardous Waste.”

f. 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.

As noted during the inspection, Respondent failed to properly manage LMF dust, a D006/D007/D008/D010 hazardous waste, in the LMF less than 90-day container storage area. Due to tears in the plastic bags, multiple releases of LMF dust were observed in different areas of the LMF less than 90-day container storage area.

On November 5, 2013, IDEM conducted a follow-up inspection and found all LMF dust release areas in the LMF less than 90-day container area properly cleaned up.

9. 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 statutes and rules listed in the findings here at issue.

3. Upon the Effective Date, Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall conduct adequate waste determinations on all wastestreams at the facility.

4. Upon the Effective Date, Respondent shall comply with 40 CFR 265.173(a). Specifically, Respondent shall keep containers holding hazardous waste closed during storage, except when it is necessary to add or remove waste.

5. Upon the Effective Date, Respondent shall comply with 40 CFR 265.174. Specifically, Respondent shall inspect areas where containers are stored, at least weekly, looking for leaks and deterioration caused by corrosion or other factors. Respondent shall maintain copies of weekly inspection records on-site for period of one (1) year from the Effective Date.

6. Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(a)(2). Specifically, Respondent shall mark each container holding hazardous waste with the accumulation start date.

7. Upon the Effective Date, Respondent shall comply with 40 CFR 262.34(a)(3). Specifically, Respondent shall label or clearly mark each container holding hazardous waste with the words “Hazardous Waste.”

8. Upon the Effective Date, Respondent shall comply with 40 CFR 265.31. Specifically, Respondent shall minimize releases from bags of LMF dust located in the LMF less than 90-day container storage area.

9. All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Jennifer Reno, Enforcement Case Manager

Office of Land Quality – Mail Code 60-02L

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

10. Respondent is assessed and agrees to pay a civil penalty of sixteen thousand eight hundred dollars ($16,800). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

11. The civil penalty is 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

12. 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 11, above.

13. 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 he is fully authorized to execute this Agreed Order and legally bind the party he represents. No change in ownership, corporate, or partnership status of Respondent shall in any way alter his status or responsibilities under this Agreed Order.

14. 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.

15. 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.

16. 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 his applicable permits or any applicable Federal or State law or regulation.

17. 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.

18. 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.

19. 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.

20. This Agreed Order shall remain in effect until Respondent complies with all terms and conditions of the Agreed Order. Thereafter, IDEM will issue a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________
Date: ______________________				Date: ________________________
				COUNSEL FOR RESPONDENT:
				By: ________________________
				Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		______	DAY OF	________________________,	20__.
				For the Commissioner:
				Signed on 5/1/14______
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality