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. 2000-9691-H
)
ISPAT INLAND INC., )
)
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 Ispat Inland Inc. ("Respondent"), which owns and operates the facility with U.S. EPA ID No. IND 005 159 199, located at 3210 Watling Street, in East Chicago, Lake County, 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, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Dale E. Wiersbe, President CT Corporation, Registered Agent
Ispat Inland Inc. Ispat Inland Inc.
3210 Watling Street 36 South Pennsylvania Street
East Chicago, Indiana 46312 Suite 700
Indianapolis, Indiana 46204
5. Respondent last notified the U.S. EPA of Large Quantity Generator status on September 6, 1994. Respondent produces flat rolled steel and bar products.
6. An inspection on August 8 and 9, 2000, was conducted at the Site by a representative of IDEM’s Office of Land Quality ("OLQ"). The following violations were in existence or observed at the time of this inspection:
a. Pursuant to 329 IAC 13-8-5(g)(1), containers and aboveground tanks used to store used oil at burner facilities must be labeled with the words "Used Oil." Respondent did not label the following used oil containers and tanks with the words "Used Oil":
(1) Two (2) 1,500-gallon poly tanks located at the 80" Hot Strip Lagoon.
(2) One (1) 6,000-gallon steel tank located at the 80" Hot Strip Lagoon.
(3) One (1) 21,000-gallon steel tank located at the 80" Hot Strip Lagoon.
(4) One (1) 500,000-gallon tank located at the Limestone Kiln.
(5) Two (2) 55-gallon drums located at the #2 Basic Oxygen Furnace (BOF) Caster Torch Cut-Off Area.
b. Pursuant to 40 CFR 262.34(a)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage, unless necessary to add or remove waste. Respondent did not store two (2) 2-cubic yard bags of baghouse dust located at the #2 BOF Hazardous Waste Storage Area closed.
c. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that containers are marked with the words "Hazardous Waste." Respondent did not label the following containers with the words "Hazardous Waste":
(1) Two (2) 2-cubic yard bags located in the #2 Caster Baghouse Storage Area.
(2) One (1) 2-cubic yard bag located in the #2 Caster Baghouse/Discharge Area.
(3) Two (2) 2-cubic yard bags located at the #2 Caster Torch Cut-Off Area.
(4) One (1) 2-cubic yard bag located at the Tundish Repair Station Baghouse.
d. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. Respondent did not label the following containers with accumulation start dates:
(1) Two (2) 2-cubic yard bags located in the #2 Caster Baghouse Storage Area.
(2) One (1) 2-cubic yard bag located in the #2 Caster Baghouse/Discharge Area.
(3) Two (2) 2-cubic yard bags located at the #2 Caster Torch Cut-Off Area.
(4) One (1) 2-cubic yard bag located at the Tundish Repair Station Baghouse.
e. Pursuant to 40 CFR 262.34(a)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste to the air, soil, or surface water, which could threaten human health or the environment. Respondent failed to properly manage baghouse dust to minimize a release to the environment. Specifically, D008 baghouse dust was released at the #2 BOF.
f. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.191, for each existing tank system that does not have secondary containment meeting the requirements of 40 CFR 265.193, a generator must determine that the tank system is not leaking or otherwise unfit to use by conducting an integrity assessment. Respondent did not conduct an integrity assessment on the K061 storage tank at the Electric Arc Furnace (EAF) Facility.
On May 10, 2001, Respondent submitted an integrity assessment for the K061 storage tank to IDEM for review.
g. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. Respondent did not conduct the required inspections.
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 329 IAC 13-8-5(g)(1). Specifically, Respondent shall ensure all used oil tanks and containers are labeled with the words "Used Oil."
4. Respondent shall comply with 40 CFR 262.34(a)(3). Specifically, Respondent shall ensure all hazardous waste containers are labeled with the words "Hazardous Waste."
5. Respondent shall comply with 40 CFR 262.34(a)(2). Specifically, Respondent shall ensure all hazardous waste containers are marked with accumulation start dates.
6. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall decontaminate the #2 BOF hazardous waste container storage area noted in Finding 6.e. as follows:
a. remove all wastes from the pad and appropriately dispose;
b. mechanically clean the pad by scraping, sweeping, or other method, to remove all physical contamination;
c. inspect the pad for cracks. If cracks are detected, seal the cracks. The #2 BOF hazardous waste container storage pad is located in Solid Waste Management Area #5 in the facility's Corrective Action Plan therefore, sampling beneath the cracks is not required by this Agreed Order;
d. wash the pad with a high pressure steam cleaner with detergent or appropriate solvent to remove the previously stored waste materials;
e. rinse the pad three (3) times with water;
f. collect the third (final) rinsate separately and analyze two (2) samples to show that the pad’s surface meets the cleanup levels. For inorganic parameters the cleanup levels of the rinsate will be based on the Maximum Contaminant Levels (MCLs) of the National Primary Drinking Water Regulations (40 CFR 141). The analytical parameters will be based on wastes previously stored on the pad;
g. ensure that care is taken to prevent migration of cleaning liquids from the pad area;
h. collect and dispose of all residues and rinsates as hazardous waste unless the residues and rinsates are analyzed and determined to be non-hazardous;
7. Within forty-five (45) days of completing the decontamination required in Order paragraph 6, Respondent shall submit documentation, including sample results, that the decontamination has been completed to IDEM for review. Analytical results submitted to IDEM for review shall include signed chain-of-custody sheets, sampling dates, analysis dates, analytical methods used, MCLs, EQLs and quality control results. The quality assurance/quality control (QA/QC) results shall include initial and continuing calibration results, blank results, matrix duplicates, and matrix spike/matrix spike duplicate results.
8. Respondent shall comply with 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195. Specifically, Respondent shall inspect hazardous waste tank systems once each operating day.
9. All submittals required by this Agreed Order shall contain the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
10. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Lori Colpaert, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
11. Respondent is assessed a civil penalty of Nineteen Thousand Dollars ($19,000). 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.
12. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
Violation
PenaltyFailure to comply with Order paragraph 6, 7, or 8 $1,000 per week
13. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent’s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
14. Civil and stipulated 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:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
15. In the event that the civil penalty required by Order paragraph 11, 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.
16. 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.
17. 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.
18. 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.
19. 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 L. Johnston, Chief
Office of Enforcement Printed:________________________
Title: ________________________
Date: __________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ___________________________ By: ________________________
Office of Legal Counsel
Date: ___________________________ Date: ________________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 2001.
For the Commissioner:
Adopted 6/22/01
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement