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. 2014-22507-S
					)
lehigh cement company 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 Lehigh Cement Company LLC (“Respondent”), which owns/operates the Restricted Waste Site (RWS) with United States Environmental Protection Agency (EPA) ID No. IND006054183 and Solid Waste Facility Permit No. 47-05, located at 180 N. 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 issued a Notice of Violation (NOV) via Certified Mail to:

Scott Quaas, Environmental Manager

Lehigh Cement Company LLC

180 North Meridian Road

Mitchell, Indiana 47446

5. During an investigation including inspections on March 6, 2014 and June 3, 2014, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 IAC 10-28-16, any discharge or disposal of collected leachate must be in accordance with applicable local, state, and federal laws and rules.

As noted during the March 6, 2014, inspection, Respondent was pumping leachate from the pond. The pump within the pump house was leaking and leachate coming from the malfunctioning pump was pooling and discharging onto the ground within the building and the area outside of the building. On August 22, 2014, IDEM received written documentation and photos from Respondent indicating that the affected piping was repaired on March 18, 2014.

b. Pursuant to Permit Condition A3, the Permittee shall construct and operate the RWS Type I facility as described in the application unless otherwise specified by this permit.

As noted during the June 3, 2014 inspection, Respondent did not operate the RWS Type I facility as described in the application. Specifically, the leachate basin did not have two (2) feet of freeboard, the leachate basin was no longer able to accept additional leachate, the leachate in the manholes was above the level at which the pump would switch on, the leachate basin appeared to be at a lower elevation on the southern edge than the elevation on the northern edge, and there was a hole in the east leachate collection manhole that was not part of the original design.

On June 6, 2014, IDEM received correspondence and photos from Respondent stating that the east leachate collection manhole had been repaired, the leachate collection system and main lift station were back in service by 12:40 p.m. the day of the inspection, the leachate level in the E- leachate manhole was back to normal, and that leachate had been pumped from the leachate storage basin increasing the amount of freeboard to greater than two (2) feet. Additional correspondence regarding Respondent’s response actions was received by IDEM on August 22, 2014.

An inspection conducted by IDEM staff on September 16, 2014, confirmed that the hole in the east leachate collection manhole was plugged and that the leachate in the basin and in the east and west manholes was below the allowable limit allowing the leachate from the manholes to enter the basin and not back-up within the manholes.

Respondent also conducted a survey of the elevations of the leachate basin liner, the land surrounding the liner, and the fence line on November 20, 2014, and submitted a graph of the results of the survey to IDEM on January 7, 2015. The results of the survey indicated that the elevation of the liner and berm is lower at the southern edge of the basin. Respondent and IDEM shall continue to observe the berm elevation to ensure the appropriate free board integrity of the berm.

d. Pursuant to Permit Condition A4, the Permittee shall at all times properly manage, operate, and maintain the new RWS Type I facility and systems of treatment and control which are installed or used by the Permittee to comply with the specifications included in the application and permit requirements. Proper operation and maintenance includes, but is not limited to, proper handling of solid waste, sufficient funding, adequate operator staffing and training, and laboratory and process controls with appropriate quality assurance procedures.

As noted during the June 3, 2014 inspection, Respondent did not properly manage, operate, or maintain its system. Specifically, the leachate basin did not have two (2) feet of freeboard, the leachate basin was no longer able to accept additional leachate, the leachate in the manholes was above the level at which the pump would switch on, the leachate basin berm appeared to be at a lower elevation on the southern edge than the elevation on the northern edge and, there was a hole in the east manhole.

On June 6, 2014, IDEM received correspondence and photos from Respondent stating that the east leachate collection manhole had been repaired, the leachate collection system and main lift station were back in service by 12:40 p.m. the day of the inspection, the leachate level in the E-leachate manhole was back to normal, and that leachate had been pumped from the leachate storage basin increasing the amount of freeboard to greater than two (2) feet. Additional correspondence regarding Respondent’s response actions was received by IDEM on August 22, 2014.

An inspection conducted by IDEM staff on September 16, 2014, confirmed that the hole in the east leachate collection manhole was plugged and that the leachate in the basin and in the east and west manholes was below the allowable limit, allowing the leachate from the manholes to enter the basin and not back-up within the manholes.

e. Pursuant to Permit Condition D1, the Permittee shall operate the RWS Type I facility in accordance with all applicable requirements of 329 IAC 10-28. In accordance with 329 IAC 10-28-14(c), restricted waste sites Type I and Type II and nonmunicipal solid waste landfills must be graded to promote surface water drainage and to prevent the ponding of water on previously filled areas.

As noted during the June 3, 2014, inspection, Respondent had areas of standing water within the RWS, near the separation berm and along the southern berm that were separated from the rest of the active area and were not sloped to convey surface water to the vertical drains. IDEM staff conducted an inspection on February 6, 2015, and Respondent indicated that it applied an interim cover of approximately one foot of clay on the southern side slope.

Respondent further graded and completed seeding the southern side slope on May 13, 2015.

f. Pursuant to Permit Condition D1, the Permittee shall operate the RWS Type I facility in accordance with all applicable requirements of 329 IAC 10-28. In accordance with 329 IAC 10-28-16, any discharge or disposal of collected leachate must be in accordance with applicable local, state, and federal laws

and rules.

As noted during the June 3, 2014, inspection, Respondent had leachate being discharged from a hole in the side of the east leachate collection manhole onto the earthen ground outside of the collection manhole. The leachate basin was not accepting leachate and as a result, the pumps in the manholes were not running, causing the leachate to rise above the high-level alarm float.

On June 6, 2014, IDEM received correspondence and photos from Respondent stating that the east leachate collection manhole had been repaired, the leachate collection system and main lift station were back in service by 12:40 p.m. the day of the inspection, the leachate level in the E-leachate manhole was back to normal, and that leachate had been pumped from the leachate storage basin increasing the amount of freeboard to greater than two (2) feet. Additional correspondence regarding Respondent’s response actions was received by IDEM on August 22, 2014.

An inspection conducted by IDEM staff on September 16, 2014, confirmed that the hole in the east leachate collection manhole was plugged and that the leachate in the basin and in the east and west manholes was below the allowable limit, allowing the leachate from the manholes to enter the basin and not back-up within the manholes.

g. Pursuant to Permit Condition D14, unless a leachate collection system in the newly constructed area is directly discharging into a local sewer line, the Permittee must provide adequate leachate storage in accordance with the approved facility design plans. The leachate storage system or the direct sewer connection shall be available for use prior to the waste placement in the newly constructed area. The leachate collection system and sump areas located within the area are not considered adequate storage.

As noted during the June 3, 2014, inspection, staff measured the leachate level to be approximately four (4) feet, two (2) inches from the top of the collection manhole, where it was then discharging through a hole in the side of the manhole. According to the plans, in order to ensure there is no more than one (1) foot of leachate on the liner, the leachate in the east manhole should not be less than twenty and one half (20.5) feet from the top of the collection manhole.

On June 6, 2014, IDEM received correspondence and photos from Respondent stating that the east leachate collection manhole had been repaired, the leachate collection system and main lift station were back in service by 12:40 p.m. the day of the inspection, the leachate level in the E-leachate manhole was back to normal, and that leachate had been pumped from the leachate storage basin increasing the amount of freeboard to greater than two (2) feet. Additional correspondence regarding Respondent’s response actions was received by IDEM on August 22, 2014.

An inspection conducted by IDEM staff on September 16, 2014, confirmed that the hole in the east leachate collection manhole was plugged and that the leachate in the basin and in the east and west manholes was below the allowable limit, allowing the leachate from the manholes to enter the basin and not back-up within the manholes.

6. In January 2015 Respondent set its leachate basin duplicative hi-level visual floats which shut off the vertical leachate manhole pumps to the basin to the 2-foot freeboard elevation established from the lowest leachate liner berm point identified during the November 20, 2014 survey.

7. 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 the statutes, rules, and/or permit conditions listed in the findings above.

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

Sherri Bass, Enforcement Case Manager

Office of Land Quality

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 Eight Thousand Seven Hundred Fifty Dollars ($8,750). 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”.

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

Cashier

100 North Senate Avenue

Indianapolis, IN 46204-2251

6. 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.

7. 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.

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 permits 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 Respondent complies with Order Paragraphs 4, 5 and Order Paragraph 6 if applicable. IDEM will issue a Resolution of Case letter to Respondent thereafter.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management

By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________

Date: __________________				Date: _______________________




APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_____	DAY OF	________________________,	20__.

				For the Commissioner:

				Signed July 28, 2015__
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality