STATE OF INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v.
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 (“Respondent”), which owns and operates the source
with Plant ID No. 093-00002, located at 180 North Meridian Road, in Mitchell,
Lawrence 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 previously issued a Notice of Violation (“NOV”) via
Certified Mail on June 5, 2014 and an amended Notice of Violation (“NOV”) via
certified mail on January 28, 2015 to:
Bert
Massengale, Plant Manager |
Corporation
Service Company, Registered Agent |
Lehigh
Cement Company LLC |
251
E. Ohio Street, Suite 500 |
180
North Meridian Road |
Indianapolis,
IN 46204 |
Mitchell,
IN 47446 |
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5.
Respondent
owns and operates a stationary Portland cement manufacturing plant.
6.
During
a report review conducted by a representative of IDEM, the following violations
were found:
a. Pursuant
to Permit T093-24556-00002 Condition E.1.3(d) and 40
CFR 63.1343(b)(2), the kiln emissions shall not exhibit opacity greater than 20
percent.
Respondent
operated Kiln No. 1 such that the 1st Quarter 2013 emissions
exceeded the applicable opacity emissions limit 5.30 percent of the operating
time, in violation of Permit T093-24556-00002 Condition E.1.3(d) and 40 CFR
63.1343(b)(2).
b. Pursuant
to Permit T093-24556-00002 Conditions E.1.3(p) and D.5.5; 40 CFR 63.1350(d);
and 326 IAC 3-5, the COMS shall be operated and maintained in continuous
operation.
Respondent
operated Clinker Cooler No. 1 such that in the 1st Quarter 2013, the COM experienced
downtime 8.33 percent of the operating time, in violation of Permit
T093-24556-00002, Condition E.1.3(p) and D.5.5; 40 CFR 63.1350(d) and 326 IAC
3-5.
c.
Pursuant
to Permit T093-24556-00002, Conditions E.1.3(p) and
D.5.5; 40 CFR 63.1350(d); and 326 IAC 3-5, the COMS shall be operated and
maintained in continuous operation.
Respondent
operated Clinker Cooler No. 3 such that in the 1st Quarter 2013, the COM experienced
downtime 3.60 percent of the operating time, in violation of Permit
T093-24556-00002, Condition E.1.3(p) and D.5.5; 40 CFR 63.1350(d) and 326 IAC
3-5.
d.
Pursuant
to Permit T093-24556-00002 Condition D.4.13(b) and 326
IAC 3-5-7(c), a quarterly report of opacity exceedances for Kiln Nos. 1-3 shall
be submitted.
Respondent
did not submit a report of the actual percent opacity of all six (6) minute
(block) averages exceeding an applicable opacity limit as set forth in
Condition C.2 as 326 IAC 5-1 for Kiln Nos. 1-3, in violation of Permit
T093-24556-00002 Condition D.4.13(b) and 326 IAC
3-5-7(c).
7.
Corrective
actions involved repairing ESP holes, lowering inlet temperature, and reducing
kiln throughput rate.
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
T093-24556-00002 as currently amended or modified Conditions D.4.13(b), D.5.5, E.1.3(d),
and E.1.3(p); 40 CFR 63, Subpart LLL; and 326 IAC 3-5.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Marty
Yeates, 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 Thousand Five Hundred
Dollars ($30,500.00). 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
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 Office of Legal Counsel |
IGCN,
Rm N1307 |
100
North Senate Avenue |
Indianapolis,
IN 46204 |
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 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 its obligation
to comply with the requirements of its 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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Lehigh Cement Company LLC |
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Vaughn
Ison, Chief |
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Printed: |
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Compliance
and Enforcement Section 3 |
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Office
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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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2015. |
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For
the Commissioner |
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Signed
on October 9, 2015 |
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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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