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. 2000-9132-H
)
BETHLEHEM STEEL CORPORATION, )
)
Respondent. )
NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
VIA CERTIFIED MAIL: _____________________
To: Curtis H. Barnette, President C.T. Corporation System, Registered Agent
Bethlehem Steel Corporation 1 North Capitol Avenue
1170 8th Avenue Indianapolis, Indiana 46208
Bethlehem, Pennsylvania 18016
This Notice and Order of the Commissioner of the Department of Environmental Management ("Order") is issued against the Respondent for violation of the Indiana Environmental Management Act. This Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC 13-30-3-11, and is based on violations found during an investigation conducted by the Office of Land Quality. During that investigation it was determined that the Respondent was in violation of IC 13-30, 329 IAC 3.1, and 329 IAC 13 as specified below:
Commissioner's Order 2000-9132-H
ID# IND 003 913 423
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Article 3.1 of Title 329 incorporates many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 273.
FINDING OF VIOLATION
1. Respondent is Bethlehem Steel Corporation (Respondent), which operates the Bethlehem Steel Corporation's Burns Harbor Division, with U.S. EPA I.D. No. IND 003 913 423, located at U.S. Route 12, in Chesterton, Porter County, Indiana (Site).
2. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the
deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board. Respondent caused or allowed the deposit of the following contaminants or solid waste upon the land:
(i). Approximately 500 gallons of K062 released to the ground near the Waste Pickle Liquor Tank System;
(ii). Shot blast grit from the Coke Oven Door Baghouse System;
(iii). Oily waste water at the DIW sewer manhole west of the pickle liquor waste tank system; and
(iv). Grease and oil in an area north of the De-watering Facility.
3. Pursuant to 329 IAC 13-4-3(c)(2), containers and aboveground tanks used to store used oil at generator facilities must not be leaking. Respondent allowed its containers or tanks of used oil in the following areas to leak used oil:
(i). Sinter Plant Used Oil Storage Pad;
(ii). Loco Shop Used Oil Storage Pad;
(iii). 501 Oil House located at the Hot Mill Drum Storage Area; and
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(iv). Used Oil Skimmings Tank Area located at the Hot Mill Scale Pit.
4. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words "Used Oil." Respondent did not label the following used oil containers and tanks with the words "Used Oil":
(i). Thirty-five (35) fifty-five gallon containers located at the Sinter Plant Used Oil Storage Pad;
(ii). One (1) twenty cubic yard container located at the Loco Shop Used Oil Storage Area;
(iii). Twenty-five (25) fifty-five gallon containers located at the Loco Shop Used Oil Storage Area;
(iv). One (1) ten cubic yard container located at the Scale Pit Area within the 160-inch Plate Mill;
(v). One (1) fifteen cubic yard container located at the Mill Scale Area at the No. 2 Caster;
(vi). Twelve (12) fifty-five gallon containers located at the 501 Oil House at the Hot Mill Drum Storage Area;
(vii). Two (2) 10,000 gallon Oil Skimming Tanks located at the Hot Mill Scale Pit; and
(viii). Two (2) 5,000 gallon overfill tanks for the Oil Skimming Tank located at the Hot Mill Scale Pit.
5. Pursuant to 40 CFR 262.34(a)(1)(ii), referencing 40 CFR 265.193(c)(4), spilled or leaked waste and accumulated precipitation must be removed from the secondary containment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health or the environment, if removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours. Respondent failed to remove spilled pickle liquor waste from the secondary containment of the pickle liquor waste tank system within 24 hours or in a timely manner.
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ID# IND 003 913 423
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6. Pursuant to 40 CFR 262.34(a)(4), referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous
waste to the air, soil, or surface water, which could threaten human health or the environment. Respondent failed to properly manage its pickle liquor waste tank system to minimize a release to the environment. Specifically, Respondent had a 500 gallon release of spent pickle liquor (K062) onto the ground when attempting to remove K062 from the secondary containment of the pickle liquor waste tank system.
7. Pursuant to 40 CFR 262.34(c)(1)(i), referencing 40 CFR 265.173(a), a satellite accumulation container holding hazardous waste must always be closed during storage, unless necessary to add or remove waste. Respondent did not store a satellite accumulation container of hazardous waste at the Loco Shop in a closed condition.
8. Pursuant to 40 CFR 268.7(a)(2), if a generator's hazardous waste does not meet the requisite treatment standard then, with the initial shipment of hazardous waste to each treatment or storage facility, the generator of hazardous waste must send a one-time written notice to each treatment or storage facility receiving the waste and include information identified at 40 CFR 268.7(a)(4). Respondent did not include all the information identified in 40 CFR 268.7(a)(4) when it failed to provide Manifest Document Numbers on Land Ban Notifications for the following Hazardous Waste Manifests: INA 1403066, INA 1436674, and INA 1386530.
9. Pursuant to 40 CFR 262.34(a)(2), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that the date when the accumulation begins is clearly marked and visible for inspection on each container. Respondent did not label four (4) four cubic yard containers located at the LTS Baghouse Area with accumulation start dates.
10. Pursuant to 40 CFR 262.34(a)(3), a generator may accumulate hazardous waste on-site for 90 days or less without a permit, provided that containers and tanks are marked with the words "Hazardous Waste." Respondent did
not label four (4) four cubic yard containers and three (3) twenty cubic yard tanks in the LTS Baghouse Area with the words "Hazardous Waste."
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11. Pursuant to 40 CFR 262.34(a)(1)(ii), referencing 40 CFR 265 Subpart J, a
generator may accumulate hazardous waste on-site for 90 days or less
without a permit, provided that the hazardous waste is stored in tanks and
the generator complies with the hazardous waste management tank system standards. Respondent stored hazardous waste in three (3) twenty cubic
yard tanks located at the LTS Baghouse Area that did not comply with the hazardous waste management tank system standards.
13. The Notice of Violation contained an offer to enter into an Agreed Order
containing actions required to correct the violation.
14. More than sixty (60) days have elapsed since Respondent was offered the opportunity to enter into an Agreed Order.
15. The Respondent has not entered into an Agreed Order resolving this violation.
ORDER
1. The Respondent shall immediately cease and desist violation of
40 CFR 262.34(a)(2) and mark each container of hazardous waste with the accumulation start date.
40 CFR 262.34(a)(3) and label its tanks and containers of hazardous waste with the words "Hazardous Waste."
40 CFR 265.173(a) and shall keep its satellite accumulation containers closed when not adding or removing waste.
40 CFR 265.31 and ensure that it operates and maintains its facility to minimize the release of hazardous waste to air, soil, or surface water, which could threaten human health or the environment.
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IC 13-30-2-1(4) and ensure that it does not deposit or cause or allow the deposit of any contaminants or solid waste upon the land.
6. Respondent shall cease and desist violation of 329 IAC 13-4-3(d) and label its containers and tanks of used oil with the words "Used Oil."
7. Respondent shall cease and desist violation of 329 IAC 13-4-3(c)(2) and ensure that all containers and tanks storing used oil are not leaking used oil.
8. Respondent shall cease and desist violation of 40 CFR 265.193(c)(4) and ensure that all wastes released to a secondary containment system are removed within 24 hours or in as timely a manner as possible.
9. Respondent shall cease and desist violation of 40 CFR 268.7(a)(2) and include Manifest Document Numbers on Land Ban Notifications when completing Hazardous Waste Manifests.
10. The Respondent shall, within thirty (30) days of the Effective Date of this Order, remove and properly dispose of all contaminated soils at locations aforementioned in Findings of Violation 2 and 3, to a depth of six (6) inches below visible signs of contamination. Respondent shall conduct a waste determination and properly dispose of all soils. Soils contaminated with known hazardous waste spillage (K062) shall not be mixed with undetermined or nonhazardous soils. Submit confirmation sampling that all hazardous contaminants have been removed along with disposal documentation to IDEM for review.
12. All submittals required by this Commissioner's Order, unless notified otherwise in writing, shall be sent to:
Richard R. Milton, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
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ID# IND 003 913 423
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100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
13. The Respondent shall pay a civil penalty of Fifty-Two Thousand Two Hundred and Fifty Dollars ($52,250) for violations of IC 13-30, 329 IAC 3.1, and 329 IAC 13. This penalty shall be remitted to the Department of Environmental Management within thirty (30) days of the Effective Date of this Order. Checks shall be made payable to the Environmental Management Special Fund, with the Case Number indicated on the checks and mailed to:
Cashier
IDEM
P.O. Box 7060
Indianapolis, Indiana 46207-7060
14. This Order shall apply to and be binding upon the Respondent, its successors and assigns. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Order.
EFFECTIVE DATE OF ORDER
Pursuant to IC 13-30-3-5, this Order takes effect twenty (20) days following receipt unless you request review of this Order, before the twentieth day after receipt, by filing a written request for review with the Office of Environmental Adjudication, and serving a copy of the request for review upon the Commissioner of the Indiana Department of Environmental Management. You may request that the Office of Environmental Adjudication conduct a hearing to review this Order, under IC 4-21.5, in its entirety, or you may limit your request for review to specific findings of fact and/or orders contained in this Order. Requests for review must be submitted to the Office of Environmental Adjudication and the Commissioner of the Indiana Department of Environmental Management at the following addresses:
Director Commissioner
Office of Environmental Adjudication IDEM
ISTA Building Indiana Government Center North
150 W. Market Street, Suite 618 100 N. Senate
Indianapolis, Indiana 46204 P.O. Box 6015
Indianapolis, Indiana 46206-6015
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Failure to properly submit a request for review, before the twentieth day following receipt of this Order of the Commissioner, waives your right to administrative review of
this Order and your right to judicial review of the Order. The petition for administrative review must contain the following information:
a. Name, address, and telephone number of each person filing the petition.
b. Identification of the interest of each petitioner in the subject of the petition.
c. Statement of facts demonstrating that the petitioner is:
(A) a person to whom the order is directed;
(B) aggrieved or adversely affected by the order; or
(C) entitled to review under any law.
d. Statement with particularity the legal issues proposed for consideration in the proceedings.
The petition for administrative review should also contain the following information:
a. Identification of any persons represented by the person making the request.
b. Statement identifying the person against whom administrative review is sought.
c. A copy of the notice of the commissioner's action issued by the department of environmental management which is the basis of the petition for administrative review.
d. Statement indicating the identification of petitioner's attorney or other representative.
If you have procedural or scheduling questions regarding your request for review you may contact the Office of Environmental Adjudication at (317) 232-8591.
Dated at Indianapolis, Indiana, this ___8th_ day of _February___, 2001.
__signed 2/8/2001______
Lori F. Kaplan
Commissioner
Commissioner's Order 2000-9132-H
ID# IND 003 913 423
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cc: Lake County Health Department
Robert Maciel, Bethlehem Steel Corporation
Mark E. Shere, Esq.
Michael Byron, Office of Legal Counsel
Scott Ormsby, NWRO
Adriane Esparza, NWRO
Richard R. Milton, Office of Enforcement
OLQ IB2 File
http://www.state.in.us/idem