NOTICE OF VIOLATION
Via Certified Mail#
To: Kenneth L. Mentzel, Manager The Prentice Hall Corporation System
Environmental Controls-70 Registered Agent for USX Corporation
US Steel Group/Gary Works 251 East Ohio Street
1 North Broadway Suite 500
Gary, Indiana 46402 Indianapolis, Indiana 46204
Case No. 2001-10157-H
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on December 6 and 7, 2000, US Steel Group/Gary Works, U.S. EPA ID number IND 005 444 062, located at 1 North Broadway, Gary, Indiana, was in violation of the following environmental statutes and rules:
Article 3.1 of Title 329 incorporates many of the federal hazardous waste management standards found in 40 CFR 260 through 40 CFR 273.
1. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.192(a), a generator with a new tank system must have an integrity assessment certified by an independent, qualified, registered professional engineer in accordance with 40 CFR 270.11(d) attesting that the system has sufficient structural integrity. This facility did not provide the required integrity assessment.
2. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.195, a generator must inspect tank systems once each operating day. This facility did not conduct the required inspections.
3. Pursuant to 40 CFR 262.34(a)(1)(ii) referencing 40 CFR 265.193, all new tanks and ancillary equipment must have secondary containment. This facility did not provide secondary containment for underground hazardous waste storage tank number TK-6030.
4. Pursuant to 329 IAC 13-4-3(d), generators must label all used oil containers and aboveground tanks with the words "Used Oil." This facility did not label used oil containers with the words "Used Oil."
Notice of Violation 2000-10157-H
USX Corporation
Page 2
5. 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. This facility allowed the deposition of used oil/spent grease into the container containment system located at the Sinter Plant. This facility allowed the deposition of flame arrester dust on the ground located at the QBOP Secondary Baghouse System.
6. Pursuant to 40 CFR 262.34(d)(2) referencing 40 CFR 265.171, if a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition. This facility did not store hazardous waste in containers that were in good condition.
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.
Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.
If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.
Please contact Jennifer Reno at (317) 233-6336 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.
Notice of Violation 2000-10157-H
USX Corporation
Page 3
For the Commissioner:
Date: _______________ _Signed on 2/19/01___
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: Lake County Health Department (w/enclosure)
Michael Byron, Office of Legal Counsel (w/enclosure)
Jennifer Reno, Office of Enforcement (w/enclosure)
Scott Ormsby, Northwest Regional Office (w/enclosure)
Adriane Esparza, Northwest Regional Office (w/enclosure)
OLQ 1B2 File (w/enclosure)
http://www.state.in.us/idem