STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,                )        A-4516 or 1999-3501-A
                            )        A-4528 or 1999-3514-A
            v.                )CAUSE NO. A-4587 or 1999-3583-A
                            )        A-4604 or 1999-3604-A
MARBLEHEAD LIME COMPANY,        )        A-4611 or 1999-3611-A
                            )
        Respondent.                )            

    2.    Respondent is Marblehead Lime Company (hereinafter referred to as "Respondent"), which owns and operates a lime processing facility at Buffington Harbor, North Clark Road, Gary, Indiana.

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

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

        William Brown, President            C.T. Corporation Systems,
        Marblehead Lime Company            Registered Agent for Marblehead
        P.O. Box 488                    Lime Company
        Chicago Heights, Illinois 60411-0488    One North Capitol Avenue
                                Indianapolis, Indiana 46204-2026

    5.    Rule 326 IAC 5-1-2 requires that visible emissions from a facility located in Lake County not exceed an average of twenty percent (20%) opacity in any one (1) six (6)-minute average period (previously twenty percent (20%) opacity in twenty- four (24) consecutive readings).

    6.    Designated representative(s) of IDEM conducted either surveillance or inspections on March 1, 1999, March 17, 1999, May 28, 1999, June 29, 1999, and August 3, 1999 of Marblehead Lime Company, Buffington Harbor, North Clark Road, Gary, Indiana ("the Site"). During the March 1, 1999, surveillance it was observed that visible emissions from the #4 baghouse stack were thirty-seven percent (37%) opacity and forty-one percent (41%) opacity in two (2) sets of twenty-four (24) consecutive readings, a violation of 326 IAC 5-1-2.

          During the March 17, 1999, surveillance it was observed that visible emissions from the #2 baghouse stack were forty-two percent (42%) opacity and thirty-eight percent (38%) opacity in two (2) sets of twenty-four (24) consecutive readings.

          During the May 28, 1999, surveillance it was observed that visible emissions from the #3 and #4 baghouse stacks were twenty-eight percent (28%) opacity and thirty-three percent (33%) opacity respectively in two (2) sets of twenty-four (24) consecutive readings.

          During the June 29, 1999, inspection it was observed that visible emissions from the #1 and #4 baghouse stacks were twenty-one percent (21%) and twenty-five percent (25%) respectively in two (2) sets of twenty-four (24) consecutive readings.

          During the August 3, 1999, inspection it was observed that visible emissions from the #3 baghouse stacks were twenty-eight percent (28%) and twenty-nine percent (29%) in two (2) sets of twenty-four (24) consecutive readings, and the visible emissions from the #4 baghouse stacks were thirty-one percent (31%) and twenty- eight percent (28%) in two (2) sets of twenty-four (24) consecutive readings.

          Rule 326 IAC 6-4 requires that no fugitive dust emissions escape from the boundaries of the property of the source.

          During the March 17, 1999, surveillance it was observed that fugitive dust emissions from vehicular traffic were observed escaping from the boundary of the property of the source.
    
          Respondent submitted to IDEM on July 10, 1999, its "Revised Continuous Compliance Plan for PM-10 Particulate Matter." That Plan details startup, shutdown, and emergency procedures; inspection, preventative and corrective maintenance procedures; operators' training program; spare parts; control equipment safety devices; and monitoring practices and/or monitoring devices for PM-10 control equipment. Additionally, the Plan details pollution control system instrumentation; accuracy, precision, and calibration frequency; a visible emission monitoring program; and cleaning, inspection, and maintenance schedules for the baghouses and dust collector systems.

          Respondent submitted to IDEM on July 11, 1999, its "Fugitive Dust Operating Plan Report." That Plan details implementation, personnel responsibilities, compliance determination, facility descriptions, and the loading and unloading of open stockpiles of bulk materials

    15.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

    3.    Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:

            Cashier
            IDEM
            100 N. Senate Avenue
            P. O. Box 7060
            Indianapolis, IN 46207-7060

    4.    In the event that the civil penalty required by 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.

    5.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, 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.

    6.    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.

    7.    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.

    8.    This Agreed Order shall remain in effect for a period of two years after the Effective Date of this Agreed Order.

By:     _________________________        By: _________________________
    David P. McIver
    Chief, Air Section            
    Office of Enforcement            Printed: ______________________
    
                            Title: ________________________                         
Date: ________________________            Date: ________________________

COUNSEL FOR COMPLAINANT:            COUNSEL FOR RESPONDENT:
Department of Environmental Management

By: _________________________            By: ________________________
Office of Legal Counsel                
Department of Environmental Management

Date: _______________________            Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 199___.

                            
                            For the Commissioner:
                            

                            Signed on 01/25/2000
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement
                            

Converted by Andrew Scriven