STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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ENVIRONMENTAL MANAGEMENT |
COUNTY OF MARION |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2015-22842-W |
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ARCELORMITTAL
INDIANA HARBOR, LLC, |
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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 Indiana Code (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 IC
13-13-1-1.
2.
Respondent
is ArcelorMittal Indiana Harbor, LLC (Respondent),
which operates its west facility, located at 3001 Dickey Road, in East Chicago,
Lake County, Indiana (the Site).
3.
Respondent
is authorized by National Pollutant Discharge Elimination System (NPDES) Permit
Number IN0000205 (Permit) to discharge wastewater treated in accordance with
the terms and conditions of the NPDES Permit from its steel mill into the
following receiving waters: Indiana
Harbor Ship Canal, Indiana Harbor and the intake channel for the Nos. 2, 3 and
4 water intakes.
4.
IDEM
has jurisdiction over the parties and the subject matter of this action
pursuant to IC 13-30-3.
5.
Pursuant
to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified Mail to ArcelorMittal Indiana Harbor, LLC.
6.
Pursuant
to 327 IAC 5-2-8(1), Respondent is required to comply with
all terms and conditions of the Permit. Pursuant
to Part I.A.11 of the Permit, Respondent is authorized to discharge from
Internal Outfalls 111 and 211 and report the combined total as Internal Outfall
411. Respondent is required to meet the
flow monitoring requirements and effluent limitations contained in Part I.A.11
of the Permit.
Respondent has disclosed the following
effluent violations:
Month |
Year |
Parameter |
Type |
Conc./Loading |
# |
February |
2014 |
Oil & Grease |
Daily Maximum |
Loading |
1 |
February |
2014 |
Oil & Grease |
Monthy Avg. |
Loading |
1 |
March |
2014 |
Oil & Grease |
Monthy Avg. |
Loading |
1 |
June |
2014 |
Oil & Grease |
Daily Maximum |
Loading |
3 |
June |
2014 |
Oil & Grease |
Monthy Avg. |
Loading |
1 |
July |
2014 |
Oil & Grease |
Daily Maximum |
Loading |
1 |
July |
2014 |
TSS |
Daily Maximum |
Loading |
1 |
July |
2014 |
TSS |
Monthy Avg. |
Loading |
1 |
August |
2014 |
Oil & Grease |
Daily Maximum |
Loading |
3 |
August |
2014 |
Oil & Grease |
Monthy Avg. |
Loading |
1 |
September |
2014 |
Oil & Grease |
Daily Maximum |
Loading |
3 |
September |
2014 |
Oil & Grease |
Monthy Avg. |
Loading |
1 |
October |
2014 |
Oil & Grease |
Daily Maximum |
Loading |
2 |
October |
2014 |
Oil & Grease |
Monthy Avg. |
Loading |
1 |
October |
2014 |
TSS |
Daily Maximum |
Loading |
2 |
October |
2014 |
TSS |
Monthy Avg. |
Loading |
1 |
November |
2014 |
Oil & Grease |
Daily Maximum |
Loading |
1 |
December |
2014 |
Oil & Grease |
Daily Maximum |
Loading |
1 |
January |
2015 |
Oil & Grease |
Daily Maximum |
Loading |
2 |
January |
2015 |
Oil & Grease |
Monthy Avg. |
Loading |
1 |
January |
2015 |
TSS |
Monthy Avg. |
Loading |
1 |
May |
2015 |
Oil & Grease |
Daily Maximum |
Loading |
1 |
June |
2015 |
Oil & Grease |
Daily Maximum |
Loading |
3 |
June |
2015 |
TSS |
Daily Maximum |
Loading |
2 |
June |
2015 |
Oil & Grease |
Monthy Avg. |
Loading |
1 |
June |
2015 |
TSS |
Monthy Avg. |
Loading |
1 |
7.
On
February 20, 2015, Respondent submitted to IDEM an NPDES Permit Modification
Request. The request includes
eliminating Outfall 411 and removing effluent limits at internal Outfalls 111
and 211.
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 adopted by
Complainant or Complainant’s delegate (as evidenced by signature), and the
adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date. In
addition to addressing the violations cited in Paragraph 6 of the Findings of
Fact above, this Agreed Order also addresses any additional violations of these
same rules that may have occurred subsequent to the issuance of the NOV and
prior to the Effective Date.
2.
Respondent
shall comply with 327 IAC 5-2-8(1) and its NPDES permit.
Within 60 days of the Effective Date, Respondent shall
develop and submit to IDEM for approval a Compliance Plan (CP) that includes,
but is not limited to, the following:
A.
A description of the actions
that Respondent will take to address the violations in Paragraph 6 of the
Findings of Fact above and achieve compliance with all conditions of its NPDES
Permit. The description should include
investigation into the root cause of the problem as well as work required to ensure
future compliance.
B.
A schedule for initiation and completion of
all actions described in the CP, including specific milestone dates.
3. Respondent shall, within six months after
completion of the work required pursuant to the approved CP from Paragraph 2
above (Performance Period), demonstrate five consecutive months of compliance
(Compliance Demonstration) with the effluent limitations contained in its NPDES
Permit. During the Performance Period,
Respondent shall be subject to stipulated penalties, as specified below, for
violations of the effluent limitations.
In the event that Respondent fails to make the Compliance Demonstration,
Respondent shall, within sixty days of becoming aware that the Compliance
Demonstration cannot be achieved, develop and submit to IDEM, for approval, an
Additional Action Plan which identifies the additional actions that Respondent
will take to achieve and maintain compliance with the effluent limitations
contained in its NPDES Permit. The
Additional Action Plan, if required, shall include an implementation and
completion schedule, including specific milestone dates.
4. The plans required by Paragraphs 2 and 3
above are subject to IDEM approval. In
the event IDEM determines that any plan submitted by Respondent is deficient or
otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM
in accordance with IDEM’s notice. After
three submissions of such plan by Respondent, IDEM may modify and approve any
such plan and Respondent must implement the plan as modified by IDEM.
Respondent, upon receipt of written
notification from IDEM, shall immediately implement the approved plan and
adhere to the milestone dates therein.
The approved CP and Additional Action Plan shall be incorporated into
the Agreed Order and shall be deemed an enforceable part thereof. Failure by Respondent to submit any plan by
the specified date, or to meet any of the milestones
in the approved plan will subject Respondent to stipulated penalties as
described below. Failure to achieve
compliance at the conclusion of work under an Additional Action Plan will
subject Respondent to additional enforcement action.
5. Respondent shall submit to IDEM a written
report of progress or completion for each milestone date included in the CP or
Additional Action Plan.
6. Beginning on the Effective Date and
continuing until the successful completion of implementation of the approved CP
as required by Paragraph 4 above, Respondent shall, at all times, operate its
existing wastewater treatment plant as efficiently and effectively as possible,
and shall be subject to stipulated penalties for its failure to comply with
permit limitations.
7.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Edward
Judson, Enforcement Case Manager |
Indiana
Department of Environmental Management |
Surface
Water, Operations & Enforcement Branch |
Office
of Water Quality – Mail Code 60-02W |
100
North Senate Avenue, Room 1255 |
Indianapolis,
IN 46204-2251 |
8.
Respondent
is assessed and agree(s) to pay a civil penalty of Twenty Seven Thousand
Dollars ($27,000). Said penalty amount
shall be due and payable to the Environmental Management Special Fund within 30
days of the Effective Date; the 30th day being a “Due Date.”
9. In
the event the terms and conditions of the following paragraphs are violated, IDEM
may assess and Respondent shall pay the corresponding stipulated penalty:
Paragraph |
Violation |
Stipulated Penalty |
2 |
Failure
to submit or modify the CP within the required time period. |
$500
per week late, or part thereof. |
3 |
Failure
to submit or modify the Additional Action Plan, if required,
within the given time period. |
$250
per week late, or part thereof. |
4 |
Failure
to meet any milestone date set forth in the approved CP or Additional Action
Plan. |
$500
per week late, or part thereof. |
5 |
Failure
to submit to IDEM a written report of progress or completion for each
milestone date included in the CP or Additional Action Plan. |
$250
per violation |
6 |
Violations
of NPDES permit limitations. |
$250
per violation |
10.
Stipulated
penalties shall be due and payable no
later than the 30th day after Respondent receives written
notice that IDEM has determined a stipulated penalty is due, the 30th day being a “Due
Date.” IDEM may notify Respondent at any
time that a stipulated penalty is due.
Failure to notify Respondent in writing in a timely manner of a
stipulated penalty assessment shall not waive IDEM’s right to collect such
stipulated penalty or preclude IDEM from seeking additional relief against
Respondent for violation of this Agreed Order.
Neither assessment nor payment
of stipulated penalties shall preclude IDEM from seeking additional relief against Respondent for a violation of this Agreed Order. Such
additional relief includes any remedies or sanctions available pursuant to Indiana law, including,
but not limited to, civil penalties pursuant to IC 13-30-4.
11.
Civil
and stipulated penalties are payable by check to the “Environmental Management
Special Fund.” Checks shall include the
Case Number 2015-22842-W 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 |
12.
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.
13.
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 and any accrued interest 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. The interest shall continue to
accrue on the first of each month until the civil penalty and any interest
accrued are paid in full. Such interest
shall be payable to the Environmental Management Special Fund, and shall be
payable to IDEM in the manner specified above.
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 its applicable permit 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 United States Environmental Protection Agency (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 EPA or any other agency or entity.
20.
This
Agreed Order shall remain in effect until Respondent has complied with all
terms and conditions of this Agreed Order and IDEM issues a Resolution of Case
(close out) letter to Respondent.
REMAINDER
OF PAGE INTENTIONALLY LEFT BLANK.
TECHNICAL RECOMMENDATION: |
RESPONDENT: |
Department of Environmental
Management |
ArcelorMittal Indiana
Harbor, LLC |
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By: ___________________________ |
By: ________________________ |
Mary
E. Hoover, Chief |
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Enforcement
Section |
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Surface
Water, Operations and |
Printed: _____________________ |
Enforcement
Branch |
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Office
of Water Quality |
Title: _______________________ |
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Date: _________________________ |
Date: ______________________ |
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COUNSEL FOR RESPONDENT: |
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By:
_______________________ |
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Date: ______________________ |
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APPROVED AND ADOPTED BY THE INDIANA
DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS ______
DAY OF ________________________, 20___. |
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For the Commissioner: |
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Signed on August 13, 2015 |
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Bruno
Pigott |
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Assistant Commissioner |
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Office of Water Quality |