NOTICE OF VIOLATION

 

Via Certified Mail #:__________________

To:

ISG Burns Harbor LLC

 

c/o CT Corporation System, Registered Agent

 

36 South Pennsylvania Street, Suite 700

 

Indianapolis, IN   46204

 

Case No. 2003-13511-A

 

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that ISG Burns Harbor LLC (Respondent) has violated environmental rules.  The violations are based on the following:

 

1.                  Respondent which owns and operates an integrated steel mill, Plant ID. No.127-00001, located at 250 West US Highway 12 in Burns Harbor, Porter County, Indiana (the “Site”).

 

2.                  Pursuant to 326 IAC 11-3-2(b)(4) provides that no visible emissions shall be permitted from the charging system for more than a cumulative total of one hundred twenty-five (125) seconds during five (5) consecutive charging periods. 

 

On September 9, 2003, a representative of IDEM’s Office of Air Quality conducted an inspection at Respondent’s Coke Oven Battery No. 2.  During this inspection, the inspector observed charging at oven Nos. 216, 226, 236, 246, 256, and 266, which resulted in visible emissions which were evident for a cumulative total of 134.5 seconds after oven No. 216 was exempted, a violation of 326 IAC 11-3-2(b)(4).

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation[s] may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violation[s] 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 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violation[s] occurred.  IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violation[s] 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[s].

 

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[s] 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 Matthew Stuckey at (317) 233-1134 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.

 

For the Commissioner:

Signed on 11/22/04

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc:        Rochelle Marceillars, U. S. EPA Region 5

            Porter County Health Department

            Office of Legal Counsel

            Dave Sampias, Office of Air Quality - NWRO

            Matthew Stuckey, Office of Enforcement

            Robert Maciel, Environmental Services Department, ISG Burns Harbor LLC

            Enforcement File

            Public File

            http://www.ai.org/idem/