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. 2002-11438-A ) HOLY CROSS SERVICES CORPORATION, ) )

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 (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by

IC 13-13-1-1.

2. Respondent is Holy Cross Services Corporation (ARespondent@), which provides operating and management services for properties and facilities owned by the congregation of the sisters of the Holy Cross, located at 100 Lourdes Hall-St. Mary's, St. Joseph County, Notre Dame, Indiana ("Site").

3. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, on July 2, 2002, IDEM issued a Notice of Violation via Certified Mail to:

 Sister Mary Eliza, CSC Sister Aline Marie CSC

President Registered Agent

Holy Cross Services Corporation Holy Cross Services Corporation

Saint Mary's, 100 Lourdes Hall Saint Mary's, 100 Lourdes Hall

Notre Dame, Indiana 46556 Notre Dame, Indiana 46556

5. Compliance testing for Coal Fired Boiler #2 and #3 was conducted on January 30, 2002, at the Site by a representative of IDEM=s Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this compliance test: a. Pursuant to 326 IAC 6-1-18 and Operating Condition D.2.1 of the Part 70 Operating Permit # T141-7404-00009, particulate matter (PM) emissions from Coal Fired Boiler #2 and #3 shall be limited to 0.110 pound per million BTU heat input, not to exceed 12.90 tons PM per year per boiler. Compliance testing conducted on January 30, 2002 showed PM emissions from Coal Fired Boilers #2 and #3 to be in excess of the allowable limits, in violation of 326 IAC 6-1-18 and Operating Condition D.2.1 of Permit # T141-7404-00009. 6. The Respondent converted the two existing coal fired boilers to natural gas fired boilers and was issued a Federally Enforceable State Operating Permit on July 29, 2002. 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 is assessed a civil penalty of Eleven Thousand and Two Hundred and Fifty Dollars ($11,250). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Two Thousand and Two Hundred and Fifty Dollars ($2,250). Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project (SEP). Respondent estimates that the SEP will cost Thirty Eight Thousand and Two Hundred Dollars ($38,200). Within Fifteen (15) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM, which substantiates all actions taken and costs, incurred with respect to the SEP. In the event that the cost of the SEP is less than Eighteen Thousand Dollars ($18,000), Respondent shall pay fifty percent (50%) of the difference between Eighteen Thousand Dollars ($18,000) and the actual cost of the SEP.

The Respondent heated with coal for a number of years and has two existing coal piles covering a total area of approximately 1.9 acres. The conversion of the boilers from coal to natural gas has caused the coal piles to be obsolete. The Respondent preformed preliminary analysis of the coal pile area and found the levels of arsenic to be elevated. The SEP includes the scope of work, as listed below, but does not include the actual remediation of the potential contamination; the Indiana Volunteer Remediation Program (VRP) will manage the remediation of the Site. The SEP includes the following actions:

1. Prepare the preliminary phase II report information

2. Prepare the preliminary remediation work plan/develop site-specific background for arsenic.

3. Prepare the Quality Assurance Project Plan (QAPP) and Health and Safety Plan (HASP).

 4. Prepare the VRP Application 5. Provide additional screening and clean up verification sampling for coal pits. 6. Provide remediation progress and compliance reports for the VRP

7. Prepare preliminary remediation completion report for the VRP.

 The SEP will be deemed complete when the Respondent receives the Remediation Workplan Approval Letter from the VR Program.

3. In the event that the Respondent does not complete the SEP by one (1) year from the Effective Date, the full amount of the civil penalty as stated in paragraph 2 above, plus interest established by IC 24-4.6-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM=s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

 4. The written report specified in paragraph 2 shall be submitted to the following address:

Ms. Linda L. McClure

Indiana Department of Environmental Management

Office of Enforcement

100 North Senate Avenue

P.O. Box 6015

Indianapolis, Indiana 46206-6015

5. Civil 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

6. In the event that the civil penalty required by Order paragraph 2 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.

7. 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.

8. 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.

9. 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.

10. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

 TECHNICAL RECOMMENDATION: RESPONDENT: Department of Environmental Management Holy Cross Services Corporation By: _________________________ By: _________________________ David P. McIver Chief, Air Section Printed: ______________________ Office of Enforcement Title: ________________________ Date: ________________________ Date: ________________________
 
 

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: _________________________ By: ________________________

Jay Rodia, Attorney

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 January 16, 2003

___________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs