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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. STEEL DYNAMICS, INC., 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 Steel
Dynamics, Inc. (“Respondent”), which owns and operates the Enginerred Bar
Products Division, a stationary steel mini-mill that manufactures different types
of steel bar products (with Plant I.D. No. 063-00037) located at
3.
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 on September 12, 2007 via
Certified Mail to Mr. Keith Busse, President & Registered Agent, Steel
Dynamics, Inc.,
5.
Pursuant to IC
13-30-3-3, IDEM issued an Amended Notice of Violation on November 7, 2007 via
Certified Mail to Mr. Keith Busse, President & Registered Agent, Steel
Dynamics, Inc.,
6.
During an
investigation conducted by a representative of IDEM, the following violations
were found:
a. Pursuant
to Condition D.1.11(a) of Significant Source Modification 063-16628-00037
(“Permit”), Respondent shall install,
calibrate, certify, operate, and maintain a continuous monitoring system and
related equipment to measure opacity from the common EAF Baghouse/LMS Baghouse
stack in accordance with 326 IAC 3-5-2 and 326 IAC 3-5-3. Pursuant to Condition D.1.11(c) of the
Permit, Respondent shall record the output of the continuous monitoring system
and shall perform the required record keeping and reporting, pursuant to 326
IAC 3-5-6 and 326 IAC 3-5-7.
Respondent failed to maintain all required opacity monitoring data from the
continuous monitoring system on the common EAF Baghouse/LMS Baghouse stack during
the 4th Quarter of 2006, in violation of Condition D.1.11 of the
Permit and 326 IAC 3.
Respondent
notes that it operated its opacity monitor continuously; the problem stemmed
from a programmable logic contoller (“PLC”) card that failed. Respondent contends that it replaced the PLC
card as soon as possible consistent with the vendor’s availability, but the
data normally stored on the PLC card were lost.
7.
This Agreed
Order, and compliance with its terms and conditions, shall resolve all
violations cited in the Notices of Violation issued to Respondent listed in
Findings of Fact Paragraph Nos. 4 and 5.
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 Condition D.1.11 of Significant Source Modification 063-16628-00037
and 326 IAC 3.
3.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
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Janusz
Johnson, Enforcement Case Manager |
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Office
of Enforcement – Mail Code 60-02 |
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Indiana
Department of Environmental Management |
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4.
Respondent is
assessed a civil penalty of Five Thousand dollars ($5000). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date. In the event that the
civil penalty is not paid within thirty (30) days of the Effective Date,
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.
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:
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Indiana
Department of Environmental Management |
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Cashier
– Mail Code 50-10C |
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6.
This Agreed
Order shall apply to and be binding upon Respondent and its successors and
assigns. Respondent’s signatory to this
Agreed Order certifies that he or she is fully authorized to execute this
Agreed Order and legally bind Respondent.
No change in ownership, corporate, or partnership status of Respondent shall
in any way alter its status or responsibilities under this Agreed Order.
7.
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.
8.
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.
9.
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 its obligation to
comply with the requirements of its applicable permit or any applicable Federal
or State law or regulation.
10.
Complainant does
not, by its approval of this Agreed Order, warrant or aver in any manner that
Respondent’s 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
Respondent’s efforts to comply with this Agreed Order.
11.
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 NOV.
12.
Nothing in this
Agreed Order shall prevent IDEM 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.
13.
This Agreed
Order shall remain in effect until Respondent complies with the terms of Order
Paragraph Nos. 4 and 5. IDEM will issue
a Resolution of Case letter to Respondent thereafter.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Steel Dynamics, Inc. |
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Craig Henry |
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Chief, Air Section |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental Management |
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By: |
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Deputy Attorney General |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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, 2008. |
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For the Commissioner: |
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Signed on February 5, 2008 |
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Robert B. Keene |
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Assistant Commissioner |
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Office of Legal Counsel and Enforcement |
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