STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT

COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2016-23631-H
					)
NUCOR CORP,					)
					)
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 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 Nucor Corp (“Respondent”), which owns and/or operates a facility with United States Environmental Protection Agency (EPA) ID No. IND 181157009 located at 4537 South Nucor Road, in Crawfordsville, Montgomery, Indiana (“Site”).

3. IDEM has jurisdiction over the parties and the subject matter of this action.

4. Respondent waives 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. Respondent operates as a Large Quantity Generator (LQG) of hazardous waste at the Site.

6. 329 Indiana Administrative Code (“IAC”) 3.1 incorporates certain federal hazardous waste management requirements found in 40 Code of Federal Regulations (“CFR”) Parts 260 through 270, and Part 273 including those identified below.

7. On December 22, 2015, Respondent contacted IDEM to disclose Respondent sent 6.44 tons of Castrip Ladle Metallurgical Furnace (LMF) dust, a D007 hazardous waste, to Clinton County Landfill for disposal. Based on the information gathered during IDEM’s February 4, 2016 inspection, the following violations were found:

a. Pursuant to 40 CFR 262.12(c), a generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

As noted during the inspection, Respondent sent 6.44 tons of LMF dust, a D007 hazardous waste, on December 21, 2015 to Clinton County Landfill in Frankfort, Indiana, which is not a RCRA Part B Hazardous Waste Treatment, Storage, or Disposal (TSD) facility.

On February 26, 2016, IDEM received a Summary of Nonconforming Waste Removal of Castrip LMF Dust Report submitted by Republic Services. The Report confirms the removal of the LMF Dust from Clinton County Landfill. The Report indicates final disposal of the LMF Dust will be at Heritage Environmental Services RCRA Part C Landfill located in Roachdale, Indiana.

b. Pursuant to 40 CFR 262.20, a generator who transports or offers for transportation hazardous waste for off-site treatment, storage, or disposal must prepare a manifest.

As noted during the inspection, Respondent transported 6.44 tons of LMF dust, a D007 hazardous waste, on December 21, 2015 for off-site treatment, storage, or disposal without preparing a hazardous waste manifest.

c. Pursuant to IC 13-30-2-1(12), a person may not cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.

As noted during the inspection, Respondent transported 6.44 tons of LMF dust, a D007 hazardous waste, on December 21, 2015 for off-site treatment, storage, or disposal without preparing a manifest.

d. Pursuant to 40 CFR 268.7(a), with the initial shipment of hazardous waste to each treatment, storage, or disposal facility, a generator must send a one-time written notice documenting the determination if the waste has to be treated before it can be land disposed to each facility receiving the waste, and place a copy in the generator’s file.

e. Pursuant to 40 CFR 262.11, a person who generates a solid waste must determine if that waste is hazardous.

As noted during the inspection, Respondent mistakenly determined the LMF dust sent for disposal on December 21, 2015 to Clinton County Landfill was not a hazardous waste. Respondent sent LMF dust off-site for disposal as non-hazardous waste before reviewing waste analytical test results indicating LMF dust is D007 hazardous. It had been since 2012 that the LMF dust had been previously tested by Respondent.

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 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 statutes and rules listed in the findings here at issue.

3. Respondent shall comply with 40 CFR 262.11. Specifically, Respondent shall conduct proper waste determinations on all wastestreams, including when a manufacturing process change occurs.

4. Respondent is assessed and agrees to pay a civil penalty of eight thousand dollars ($8,000.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

5. The civil penalty is payable by check to the “Environmental Management Special Fund.” Checks shall include the Case Number of this action and shall be mailed to:

Department of Environmental Management

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

6. 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.

7. 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 he is fully authorized to execute this Agreed Order and legally bind the party he represents. No change in ownership, corporate, or partnership status of Respondent shall in any way alter his status or responsibilities under this Agreed Order.

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 his 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 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. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management

By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section				Printed: ______________________
Office of Land 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 4/14/16_____
				Bruce H Palin
				Assistant Commissioner
				Office of Land Quality