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STATE OF
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BEFORE THE
INDIANA DEPARTMENT OF |
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COUNTY OF
MARION |
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ENVIRONMENTAL
MANAGEMENT |
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No.
2015-23186-S |
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lehigh cement company 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 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 company 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:
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Scott
Quaas |
Corporation
Service Company, Registered Agent |
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Lehigh
Cement Company LLC |
for Lehigh
Cement Company LLC |
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180 North
Meridian Road |
251 E.
Ohio Street Ste. 500 |
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Mitchell,
IN 47446 |
Indianapolis,
IN 46204 |
5.
During an investigation including an
inspection on June 8, 2015, conducted by a representative of IDEM, the
following violations were found:
a. Pursuant to 329 Indiana Administrative
Code (“IAC”) 10-13-4(c), the permittee shall construct and operate a solid
waste land disposal facility in accordance with the permit. The owner, operator, and permittee are
equally responsible for complying with the conditions of the permit, the regulations,
and the statutes.
As noted during the inspection,
Respondent had not completed the retrofit of the separation berm and
installation of the geomembrane liner by June 1, 2015.
b. Pursuant to Permit Condition D12, the permittee
must retrofit the temporary earthen separation berm with a geomembrane liner
between lined and unlined portions of the landfill. The permittee must install the liner on the
inner surface of the separation berm.
The geomembrane installation must be completed
by June 1, 2015. The permittee must
submit the construction documentation to the permit manager listed in
Requirement A by July 1, 2015. The
documentation must include:
a. As-built drawings of the separation
berm and liner.
b. Construction and installation
procedures and test results showing the geo-membrane liner was
installed in accordance with the CQA plan dated February 5, 1999 (VFC
#27031754, P. 24-61).
If the permittee decides to close the
landfill with the berm in place permanently without constructing Cell 3, the
berm must be reconstructed to meet the CQA requirements
of the bottom liner design in all respects, including the CQA requirements for
the soil components of the liner. The
permittee must reconstruct the berm in accordance with the CQA plan dated
February 5, 1999 (VFC #27031752, P. 24-61) and submit a CCR in compliance with
Requirement C1 no later than 30 days after completing construction.
As noted during the inspection,
Respondent had not completed the retrofit of the separation berm and
installation of the geomembrane liner by June 1, 2015.
6.
On July 21, 2015, IDEM inspected Respondent’s
RWS landfill and noted that construction of the berm and geomembrane liner was
complete.
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.
Respondent is assessed
and agrees to pay a civil penalty of Seven Thousand Dollars ($7,000). 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”.
4.
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:
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Indiana Department of Environmental
Management |
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Office of Legal Counsel |
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IGCN, Room N1307 |
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100 North Senate Avenue |
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Indianapolis, IN 46204 |
5.
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 4, above.
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 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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
This Agreed Order shall remain in effect
until IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental
Management |
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By: _________________________ |
By:
_________________________ |
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Nancy
Johnston, Section Chief |
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Enforcement
Section |
Printed: ______________________ |
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Office of
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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 |
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DAY
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20__. |
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For the
Commissioner: |
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Signed
January 8, 2016 |
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Bruce H Palin |
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Assistant
Commissioner |
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Office of
Land Quality |
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