STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2000-9307-A
)
MID-CONTINENT COAL & COKE COMPANY, )
)
Respondent. )
AGREED ORDER
The Complainant and the 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.
I. FINDINGS OF FACT
1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Mid-Continent Coal & Coke Company ("Respondent"), which owns a portable metallurgical coke screening source described in Construction Permit No. 089-5867, located initially at 3600 Canal Street, in East Chicago, Indiana ("Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on July 3, 2000 IDEM issued a Notice of Violation via Certified Mail to:
D.J. Joyce, President CT Corporation System,
Mid-Continent Coal & Coke Company Registered Agent for
20600 Chagrin Boulevard Mid-Continent Coal & Coke Company
Cleveland, Ohio 44122 One North Capitol Street
Indianapolis, Indiana 46204
5. According to Operation Condition number three of Construction Permit #089-5867 connected with Plant ID #089-05057, the total combined diesel oil usage for the two internal combustion engines shall be limited to a 12-month rolling total of 77.5 kgal. This production limitation is equivalent to NOx emissions of 24.0 tons per year. During the first 12 months of operation, the diesel oil usage shall be limited such that the total usage for both engines divided by the accumulated months of operation shall not exceed 6.46 kgal per month. Therefore the Emission Offset rules, 326 IAC 2-3 will not apply. Operation condition 10 of the same permit states that a log of information necessary to document compliance with operation permit condition number 3 shall be maintained. These records shall be kept for at least the past 24 month period and made available on request to the Office of Air Management (OAM). A quarterly summary shall be submitted to: Compliance Data Section, Office of Air Management, 100 North Senate Avenue, P.O. Box 6015, Indianapolis, Indiana 46206-6015 and IDEM/Northwest Office, Gainer Bank Building, 504 North Broadway, Suite 419, Gary, Indiana 46402-1921 within 30 days after the end of the quarter being reported in the format attached.
6. An inspection, on April 14, 2000, was conducted at the Site by a representative of IDEM's Office of Air Management (OAM). Following the inspection, a records review was performed to determine additional compliance with permit conditions. The following violations were in existence or observed at the time of the inspection and records review:
A. A log of fuel usage was not available during the April 14, 2000 inspection.
In addition, quarterly reports for the 1st, 2nd, 3rd, and 4th quarter of 1999 and
the 1st quarter of 2000 had not been submitted to IDEM by your company
at the time of the records review. These are violations of your Construction Permit 089-5867.
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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondent shall comply with all the terms and conditions of Construction Permit #089-5867, connected with Plant ID #089-05057.
3. Respondent shall keep a record of diesel fuel usage for the two internal combustion engines kept on site for the portable metallurgical coke screening sources. In addition, the Respondent shall submit all future quarterly reports for said diesel fuel usage in a timely manner, as indicated in the Construction Permit.
4 All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Stacey C. Lush, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
5. Respondent is assessed a civil penalty of Ten Thousand Two Hundred Dollars ($10,200). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
6. Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
7. In the event that the civil penalty required by Order paragraph five (5), is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
8. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
9. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
10. The 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.
11. This Agreed Order shall remain in effect until the Respondent has complied with all the terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Mid-Continent Coal & Coke Company
By: _________________________ By: _________________________
David P. McIver
Chief, Air Enforcement Section Printed: ______________________
Office of Enforcement
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Jay Rodia
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2000.
For the Commissioner:
Signed on September 25, 2000
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement