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. 2000-9640-A
)
MARBLEHEAD LIME 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. 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.
I. FINDINGS OF FACT
1. Complainant is the Commissioner (hereinafter referred to as "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 Marblehead Lime Company (hereinafter referred to as "Respondent"), which owns and operates a lime processing facility at Buffington Harbor, North Clark Road, Gary, Lake County, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
William Brown, President C T Corporation System, Registered Agent
Marblehead Lime, Inc. for Marblehead Lime, Inc.
P.O. Box 488 36 South Pennsylvania Street, Suite 700
Chicago Heights, Illinois 60411 Indianapolis, Indiana 46204
5. Rule 326 IAC 5-1-2 requires that visible emissions from a facility located in Lake County not exceed an average of twenty percent (20%) opacity in any one (1) six- (6) minute averaging period.
6. Designated representative(s) of IDEM conducted a surveillance on August 7, 2000 of Marblehead Lime Company, Buffington Harbor, North Clark Road, Gary, Lake County, Indiana (the Site). During the August 7, 2000 surveillance it was observed that visible emissions from the #4 baghouse stack were thirty-one percent (31%) opacity in one (1) six- (6) minute averaging period, a violation of 326 IAC 5-1-2.
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 perform preventive maintenance on its kiln baghouses #1, #2, #3, #4, and #5 on an every-other-year schedule, or more frequently to assure compliance with 326 IAC 5-1-2, and revise its Baghouse Maintenance Program to reflect this schedule.
3. The preventive maintenance referenced in paragraph 2 shall consist of replacement of all fabric filter bags, and inspection and repair of the following components as needed: thimbles/tube sheet, conveyors, gates, air foils, walls, roof, exterior siding, stacks, inlet duct, access doors, catwalks, vacuum cleaning ducts, ID fan, reverse air fan, screw conveyors, solenoids, and gate action.
4. Respondent shall perform preventive maintenance on its kiln baghouse #4 and #5 during the calendar year 2001, and every other year thereafter.
5. Respondent shall perform preventive maintenance on its kiln baghouse #1, #2, and #3 during calendar year 2002, and every other year thereafter.
6. Respondent shall maintain a record of all parts and labor associated with each preventive maintenance conducted, and make such records available to designated representative(s) of IDEM upon request.
7. Respondent is assessed a civil penalty of Thirteen Thousand One Hundred Twenty-Five Dollars ($13,125). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.
8. 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
9. In the event that the civil penalty required by paragraph 7 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.
10. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, 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.
11. 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.
12. 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.
13. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: MARBLEHEAD LIME COMPANY:
Department of Environmental Management
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 200___.
For the Commissioner:
Signed on 05/14/2001
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement