STATE OF INDIANA

)

SS:

BEFORE THE INDIANA DEPARTMENT OF

 

)

 

ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION

)

 

 

 

COMMISSIONER OF THE DEPARTMENT

)

 

OF ENVIRONMENTAL MANAGEMENT,

)

 

)

Complainant,

)

 

)

v.

)

Case No. 2015-22842-W

 

)

 

ARCELORMITTAL INDIANA HARBOR, 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 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

 

By: ___________________________

By: ________________________

Mary E. Hoover, Chief

 

Enforcement Section

 

Surface Water, Operations and

Printed: _____________________

Enforcement Branch

 

Office of Water Quality

Title: _______________________

 

Date: _________________________

Date: ______________________

 

 

COUNSEL FOR RESPONDENT:

 

 

By: _______________________

 

 

Date: ______________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS ______ DAY OF ________________________, 20___.

 

 

For the Commissioner:

 

 

Signed on August 13, 2015

 

Bruno Pigott

 

Assistant Commissioner

 

Office of Water Quality