STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. STEEL
DYNAMICS, INC – FLAT ROLL
DIVISION, 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 Steel Dynamics, Inc. – Flat Roll Division (“Respondent”), which owns and
operates a stationary steel minimill with Plant ID
No. 033-00043 located at 4500 County Road 59, in Butler, DeKalb County, Indiana
(“Site”).
3.
IDEM
has jurisdiction over the parties and the subject matter of this action.
4.
On
December 8, 2014, Respondent waived issuance of a Notice of Violation and to
the settlement period of sixty (60) days as provided for by IC 13-30-3-3.
5.
Based
on a record review, conducted by a representative of IDEM, the following
violations were found:
a. Pursuant
to Part 70 Permit No. 033-30847-00043 (“Permit”), issued to Respondent on November
7, 2011, condition D.1.14(a) through (f), requires permit testing every two and
one-half (2.5) years from the date of the most recent valid compliance
determination. Testing includes the
following pollutants: (a) PM/PM10, (b) NOx, (c) SO2, (d) CO, (e)
VOC, and (f) lead & mercury.
Respondent failed to conduct all the required testing by January 27, 2013, in
violation of Permit condition D.1.14(a) through (f).
b. Pursuant
to Permit condition D.2.7(a) through (d), requires
permit testing every two and one-half (2.5) years from the date of the most
recent valid compliance determination.
Testing includes the following pollutants: (a) PM/PM10, (b) NOx, (c) CO,
and (d) VOC.
Respondent failed to conduct all the required testing by January 29, 2013, in violation
of Permit condition D.2.7(a) through (d).
7.
Respondent
conducted all the required testing listed above in October 2013. The results of the stack tests indicated
compliance with permitted limits.
8.
This
Agreed Order, and compliance with its terms and conditions, shall resolve all
violations cited in Findings of Fact Paragraph No. 5.
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 Part 70 Permit No. 033-34479-00043, conditions D.1.14 and
D.2.7.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Matthew
Chaifetz, 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 Eighteen Thousand Dollars ($18,000.00). 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 46204-2251 |
6.
This
Agreed Order shall apply to and be binding upon Respondent and its successors
and assigns. Respondent’s signatory to
this Agreed Order certifies that he or she is fully authorized to execute this
Agreed Order and legally bind Respondent.
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 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 Agreed Order.
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 the terms of
Order Paragraph No. 4, IDEM will issue a Resolution of Case letter to
Respondent thereafter.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
of Environmental Management |
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Steel Dynamics, Inc. – Flat Roll Division |
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Janusz Johnson, Chief |
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Compliance
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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 June 3, 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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