STATE OF INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. LEHIGH
CEMENT COMPANY 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 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 issued a Notice of Violation (“NOV”) via Certified Mail
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
the review of a stack test report and of the 2013 Annual Compliance
Certification by representatives of IDEM, the following violations were found:
a.
Pursuant to Permit T093-24556-00002 Condition
D.1.5, visible emission notations shall be conducted of all baghouse stacks included
in Section D.1 of the Permit once per day during normal daylight operations.
Respondent failed to conduct daily visible emission notations on various days during
2013, in violation of Permit T093-24556-00002 Condition D.1.5.
b.
Pursuant to Permit T093-24556-00002 Condition
D.2.7 visible emission notations shall be conducted of all baghouse stacks once
per day during normal daylight operations.
Respondent failed to conduct visible emission notations on various days during 2013
in violation of Permit T093-24556-00002 Condition D.2.7.
c.
Pursuant to Permit T093-24556-00002 Condition
D.3.6 visible emission notations shall be conducted of all baghouse stacks once
per day during normal daylight operations
Respondent failed to conduct visible
emission notations on various days during 2013, in violation of Permit
T093-24556-00002 Condition D.3.6.
d.
Defendant failed to conduct visible emission
violations pursuant to Condition D.1.5, D.2.7 and D.3.6 on various days over
four quarters of 2013.
e.
Pursuant to 326 IAC 2-2 and Permit
T093-24556-00002 Condition D.4.1(c), Kiln 1 shall not exceed 0.59 lb PM10 per ton of clinker.
Respondent conducted a stack test of
Kiln 1 on April 25, 2014, with an emission rate of 0.792 lb PM10 per
ton of clinker, in violation of Permit T093-24556-00002 Condition D.4.1(c).
f.
Pursuant to 326 IAC 2-2 and Permit
T093-24556-00002 Condition D.4.1(c), Kiln 2 shall not exceed 0.59 lb PM10 per ton of clinker.
Respondent conducted a stack test of
Kiln 2 on April 24, 2014, with an emission rate of 0.636 lb PM10 per
ton of clinker, in violation of Permit T093-24556-00002 Condition D.4.1(c).
7.
Respondent conducted a retest of Kiln #1 on October 23, 2014, with
compliant results and conducted a retest of Kiln #2 on October 22, 2014, with
compliant results.
8.
Respondent
submitted a revised 2013 Annual Compliance Certification to IDEM on June 5,
2015.
9.
In recognition of the settlement reached,
Respondent waives any right to administrative review 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 baghouse
monitoring requirements in Permit T093-24556-00002 Conditions D.1.5, D.2.7 and
D.3.6.
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 Twenty Thousand Dollars ($20,000.00). 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:
IDEM 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.
IDEM
will issue a Resolution of Case letter to Respondent after Respondent complies
with Order Paragraph 4 and Order Paragraph 7 (if applicable). 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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By: |
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By: |
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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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Title: |
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Office
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COUNSEL
FOR RESPONDENT: |
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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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2015. |
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For
the Commissioner |
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Signed
on September 24, 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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