STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
OF THE DEPARTMENT |
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2021-28230-S |
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Lone Star industries inc |
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d/b/a buzzi unicem usa, |
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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 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 IC
13-13-1-1.
2.
Respondent is Lone Star Industries Inc d/b/a
Buzzi Unicem USA (“Respondent”), which owns and operates
the facility with Solid Waste Permit No. 67-05, located at 3301 South County
Road 150 West, in Greencastle, Putnam 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”) to:
Massimo Toso, President |
Corporation Service Company, |
Lone Star Industries Inc |
Registered Agent for |
d/b/a Buzzi Unicem USA |
Lone Star Industries Inc |
100 Brodhead Road, Suite 230 |
d/b/a Buzzi Unicem USA |
Bethlehem, PA 18017 |
135 North Pennsylvania Street, Suite 1610 |
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Indianapolis,
IN 46204 |
5.
Respondent operates and was granted approval
from IDEM a Type I Restricted Waste Site (“RWS”) that is being converted to a
non-municipal solid waste landfill (“non-MSWLF”). The waste streams permitted
for disposal generated by the facility include cement kiln dust (“CKD”), spent
kiln insulation and maintenance debris, spent kiln refractory brick, ditch
cleanout and road scrapping sediment, and slurry sediment from Raw Mill. The
waste classifications for CKD and the slurry sediment from Raw Mill expired on
May 31, 2021.
6.
During
an investigation including inspections on August 10, 2021
and October 20, 2021, conducted by a representative of IDEM, the following
violations were found:
a.
Pursuant to 329 Indiana Administrative Code
(“IAC”) 10-13-4(c), the permittee shall construct and operate a solid waste
land disposal facility in accordance with the permit. The owner, operator, and
permittee are equally responsible for complying with the conditions of the
permit, the regulations, and the statutes.
As noted
during the inspections, Respondent failed to update the waste classifications
for CKD and slurry sediment from Raw Mill, that expired on May 31, 2021. CKD
and slurry sediment continue to be disposed of without valid waste
classifications.
b.
Pursuant to 329 IAC 10-9-4(a), a restricted
waste site must accept only the restricted waste types specified in the
facility permit, determined according to the classification criteria in this
section.
As noted
during the inspections, Respondent failed to update the waste classifications
for CKD and slurry sediment from Raw Mill, that expired on May 31, 2021. CKD
and slurry sediment continue to be disposed of without valid waste
classifications.
c.
Pursuant to Permit Condition D3.a., the
permittee is approved to dispose only the following wastes generated from the
cement making process at its plant located at 3301 South County Road 150 West,
Greencastle: cement kiln dust, refractory brick, insulation, sediment, or metal
as specified below. The waste disposed must have a valid Type I, Type II, Type
III, or Type IV restricted waste classification until the construction of
non-MSWLF Cell 3 is complete and OLQ approves its construction certification.
As noted during
the inspections, Respondent failed to update the waste classifications for CKD
and slurry sediment from Raw Mill, that expired on May 31, 2021. CKD and slurry
sediment continue to be disposed of without valid waste classifications.
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.
Respondent shall comply with the rules and permit condition listed in the
findings of fact above.
3.
Upon the Effective
Date, Respondent shall immediately begin the process of renewing the waste
classifications for the expired waste streams.
4.
Within
Forty-Five (45) Days of the Effective Date, Respondent shall submit
classification renewals to IDEM for review, or dispose of the expired waste
streams at a permitted solid waste landfill and submit documentation to IDEM.
5.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise
in writing, shall be sent to:
Lillian
Treon Gant, Enforcement Case Manager |
Office
of Land Quality |
Indiana
Department of Environmental Management |
100
North Senate Avenue |
Indianapolis,
IN 46204-2251 |
6.
Pursuant
to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Nine
Thousand Dollars ($9,000). Respondent shall pay by the due date printed on the
Invoice, as attached.
Civil and stipulated penalties are
payable to the “Environmental Management Special Fund” by:
Mail:
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 |
Online:
Accounts Receivable is accepting
payments online by e-Check, Master Card, Visa or Discover. Please visit www.IN.gov/IDEM.
Under Online Services, click Online Payment options and follow the prompts. A
processing fee of $1 plus 1.99% will be charged for credit card payments.
A processing fee of $1.00 will be charged for eCheck
payments.
The Case Number is required to complete
the process.
Phone:
You may also call us at 317-234-3099 and
follow the instructions for Master Card, Visa or Discover payments. A
processing fee of $1 plus 1.99% will be charged for credit card payments.
A processing fee of $1.00 will be charged for eCheck
payments.
The Case Number is required to complete
the process.
7.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess, and Respondent shall
pay stipulated penalties in the following amounts:
Paragraph |
Stipulated Penalty |
Order
paragraph #4 |
$100.00
per week |
8.
Stipulated penalties shall be due and payable
no later than the thirtieth day after Respondent receives written notice that
Complainant has determined a stipulated penalty is due; the thirtieth day being
the “Due Date.” Complainant may notify Respondent at any time that a stipulated
penalty is due. Failure to notify Respondent in writing in a timely manner of a
stipulated penalty assessment shall not waive Complainant’s right to collect
such stipulated penalty or preclude Complainant from seeking additional relief
against Respondent for violation of this Agreed Order. Neither assessment nor
payment of stipulated penalties shall preclude Complainant from seeking
additional relief against Respondent for a violation of this Agreed Order; such
additional relief includes any remedies or sanctions available pursuant to
Indiana law, including, but not limited to, civil penalties pursuant to IC
13-30-4.
9.
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 an additional penalty of 10 percent, payable to the “Environmental
Management Special Fund” and shall be payable to IDEM in the manner specified
in Paragraph 6, above.
10.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
11.
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.
12.
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.
13.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
14.
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.
15.
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 the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
16.
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.
17.
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 violation specified
in the NOV.
18.
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.
19.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department
of Environmental Management |
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By:
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By: _________________________ |
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Jennifer Reno, Section Chief |
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Land Enforcement Section |
Printed:
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Office of Land Quality |
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Title:
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Date:
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Date:
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COUNSEL
FOR RESPONDENT: |
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By:
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Date:
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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For
the Commissioner: |
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Signed 4/1/2022 |
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Peggy
Dorsey, Assistant Commissioner |
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Office
of Land Quality |
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