NOTICE OF VIOLATION
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Via Certified Mail #: 7000 0510 0004 0398 7495 |
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To: |
Mr.
Keith Busse, President and Registered Agent |
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Steel
Dynamics, Inc. |
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Case No. 2003-12992-A
Based on an investigation on April 15, 2003, the Indiana Department of
Environmental Management (IDEM) has reason to believe that Steel Dynamics, Inc.
(Respondent) has violated an environmental permit. The violations are based on the following:
1.
Respondent owns and operates a steel mini mill with ID
number 183-00030 located at 2601 County Road 700 East in Columbia City, Whitley
County, Indiana (the “Site”).
A.
Pursuant to condition D.1.11(b), the lead (Pb) content from
the EAF baghouse dust shall not exceed five-tenths percent (0.5%) by weight.
On April 15, 2003, an inspection was conducted to determine compliance with Pb
content from the EAF baghouse. A review
of the results indicate that the source averaged 2.6% Pb by weight, a violation
of condition D.1.11(b).
In
accordance with IC 13-30-3-3, the Commissioner herein provides notice that a
violation may exist and offers an opportunity to enter into an Agreed Order
providing for the action required to correct the violation and for the payment
of a civil penalty. The Commissioner is
not required to extend this offer for more than sixty (60) days.
As provided in IC 13-30-3-3, an alleged violator may
enter into an Agreed Order without admitting that the violation occurred. IDEM encourages settlement by Agreed Order,
thereby resulting in quicker correction of the environmental violation and
avoidance of extensive litigation.
Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the
opportunity to present any mitigating factors that may be relevant to the
violation.
If an
Agreed Order is not entered into within sixty (60) days of receipt of this
Notice of Violation, the Commissioner may issue a Notice and Order under IC
13-30-3-4 containing the actions that must be taken to correct the violation
and requiring the payment of 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.
To discuss this matter further, please contact Brenda
Mathews at (317) 232-8408 within fifteen (15) days after receipt of this Notice
to request a conference. If settlement
is reached, an Agreed Order will be prepared and sent for review and signature.
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For
the Commissioner: |
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Date: |
__________ |
Signed on March 24, 2006 |
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Matthew
T. Klein |
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Assistant
Commissioner |
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of
Compliance and Enforcement |
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cc: |
Whitley
County Health Department |
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Office
of Legal Counsel |
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Brenda
Mathews, Office of Enforcement |
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Richard
Sekula, Office of Air Quality |
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Office
of Air Quality Public File |
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Enforcement
File |
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http://www.in.gov/idem |
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