STATE OF INDIANA |
) |
SS: |
BEFORE THE INDIANA DEPARTMENT OF |
|||
|
) |
|
ENVIRONMENTAL MANAGEMENT |
|||
COUNTY OF MARION ) |
) ) ) ) ) ) ) ) ) ) ) |
|
||||
|
|
|||||
COMMISSIONER OF THE DEPARTMENT |
|
|||||
OF ENVIRONMENTAL MANAGEMENT, |
|
|||||
|
|
|||||
|
|
|||||
Complainant, |
|
|||||
|
|
|||||
|
v. |
Case No. 2019-26681-A |
||||
|
|
|||||
CARMEUSE LIME, INC., |
|
|||||
|
|
|||||
Respondent. |
|
|||||
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 Indiana Code (“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 Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is Carmeuse Lime, Inc. (“Respondent”),
which owns and operates the stationary lime manufacturing plant with Plant ID
No. 089-00112, located at 1 North Carmeuse Drive, in Gary, Lake County, Indiana
(“Site”).
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 (“NOV”) on November 7, 2020,
via Electronic Mail to:
Yves Willems, President National Registered Agents, Inc
Carmeuse Lime, Inc Registered Agent
11 Stanwix St., 21st Floor 334 North Senate Avenue
Pittsburgh, PA 15222 Indianapolis, IN, 46204
5.
During
an investigation conducted by a representative of IDEM, the following
violations were found:
Pursuant to Condition D.2.3(a) of Part
70 Permit 089-40148-00112 (“Permit”), Respondent shall not exceed a PM10
emission limit for Lime Loadout #2 (East Bay) (EU-25) of 0.001 pound per ton of
lime.
On June 18,
2019, Respondent conducted compliance stack testing on Lime Loadout #2 (East
Bay) and demonstrated emissions of 0.0015 pounds per ton of lime, in violation
of Permit Condition D.2.3(a).
6.
Respondent retested Lime Loadout #2 (EU-25) on March
30, 2021, with the results indicating compliance with the PM10 limits. The
filterable PM10 results were 0.0006 lbs/ton of lime and 0.05 lb/hour.
7.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the
settlement reached, Respondent acknowledges
notice of this right and 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.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Six Thousand Two Hundred and Fifty
Dollars ($6,250.00). Said penalty amount shall be due and payable to the
Environmental Management Special Fund within thirty (30) days of the Effective
Date; the thirtieth day being the “Due Date”.
3.
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:
Indiana Department of Environmental
Management Accounts Receivable |
IGCN, Room 1340 |
100 North Senate Avenue |
Indianapolis, IN 46204 |
4.
In the event that the monies
due to IDEM pursuant to this Agreed Order are not paid on or before their Due
Date, Respondent shall pay interest on the unpaid balance at the rate
established by IC 24-4.6-1. The interest shall be computed as having accrued from
the Due Date until the date that Respondent pays any unpaid balance. Such
interest shall be payable to the Environmental Management Special Fund, and
shall be payable to IDEM in the manner specified in Paragraph 3, above
5.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
6.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
7.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
8.
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.
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.
10.
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 permits or any applicable
Federal or State laws or regulations.
11.
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.
12.
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.
13.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. 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 U.S. EPA or any other agency or entity.
14.
This Agreed Order
shall remain in effect until Respondent has complied with all terms and
conditions of this Agreed Order and IDEM has issued a Resolution of Case letter
to Respondent.
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
Department
of Environmental Management |
|
Carmeuse Lime, Inc. |
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
David
P. McIver, Chief |
|
Printed: |
|
|||
|
Enforcement
Section |
|
Title: |
|
|||
|
Office
of Air Quality |
|
|
|
|||
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|||
|
|
|
|||||
COUNSEL
FOR COMPLAINANT: |
|
COUNSEL
FOR RESPONDENT: |
|||||
For
the Department of Environmental Management |
|
|
|||||
|
|
|
|||||
By: |
|
|
By: |
|
|||
|
|
|
|
|
|||
|
|
|
|
|
|||
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|||
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
|||||||
MANAGEMENT THIS |
|
DAY OF |
|
,
2022. |
|||
|
|||||||
|
For
the Commissioner: |
||||||
|
|
||||||
|
Signed
on July 11, 2022 |
||||||
|
Matthew
Stuckey |
||||||
|
Assistant
Commissioner |
||||||
|
Office
of Air Quality Indiana
Department of Environmental Management |
||||||