STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. LONE STAR INDUSTRIES
INC., D/B/A BUZZI UNICEM USA, 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
2.
Respondent
is Lone Star Industries Inc. d/b/a Buzzi Unicem USA (“Respondent”), which owns
and operates a stationary portland cement manufacturing plant with Plant I.D.
No. 133-00002 located at 3301 South County Road 150 West in Greencastle,
Indiana (“Site”).
3.
IDEM
has jurisdiction over the parties and the subject matter of this action.
4.
Pursuant
to Case No. 2016-24034-A, IDEM issued a Notice of Violation (“NOV”) on December
1, 2016 as provided for by IC 13-30-3-3 for the violations listed in Findings
of Fact Paragraph 6a to:
Massimo
Toso, President Corporation
Service Company,
Lone
Star Industries, Inc. Registered
Agent
100
Broadhead Road 251 E.
Ohio Street
Suite
230 Indianapolis,
IN 46204
Bethlehem,
PA 18017
5.
Pursuant
to Case No. 2016-24158-A Respondent waived issuance of a NOV on February 6,
2017 as provided for by IC 13-30-3-3 for the violations listed in Findings of
Fact Paragraph 6b.
6.
During
a report review conducted by a representative of IDEM, the following violations
were found:
a. Pursuant
to 326 IAC 3-5 and Title V Permit number 133-33667-00002 (“Permit”), condition
D.1.19(a), a continuous opacity monitoring system (“COMS”) shall be installed,
calibrated, maintained, and operated for measuring opacity from the clinker
cooler.
Respondent experienced 8.31% or 145.35 hours of COMS downtime relative to
1748.6 hours of operation on the clinker cooler during the 1st
quarter of 2016, in violation of 326 IAC 3-5 and Permit condition D.1.19(a).
b. Pursuant
to 326 IAC 3-5 and Permit condition D.1.19(a), a
continuous opacity monitoring system (“COMS”) shall be installed, calibrated,
maintained, and operated for measuring opacity from the clinker cooler.
Respondent
experienced 3.56% or 78.62 hours of COMS downtime relative to 2207.32 hours of
operation on the clinker cooler during the 3rd quarter of 2016, in
violation of 326 IAC 3-5 and Permit condition D.1.19(a).
7.
Respondent
has repaired the COMS unit and returned to compliance.
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 rules, and permit conditions listed in the findings above at
issue.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Jennifer Bailey, Case Manager |
Compliance and Enforcement Branch –
Mail Code 61-53 |
Indiana Department of Environmental
Management |
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4.
Respondent
is assessed and agrees to pay a civil penalty of Twelve Thousand Dollars ($12,000). 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”.
5.
Civil
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 N Senate
Ave |
Indianapolis,
IN 46204 |
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 their
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 their
obligation to comply with the requirements of their applicable permit 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 Respondents’ 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 Respondents’
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 Findings of Fact section of
this 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 IDEM issues a Resolution of Case
letter to the Respondent.
TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Lone Star Industries Inc., d/b/a Buzzi Unicem USA |
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David
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Office
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COUNSEL
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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 OF |
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2017. |
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For
the Commissioner |
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Signed
on April 3, 2017 |
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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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