NOTICE OF VIOLATION
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Via Certified Mail #: 7002 0510 0004 0398 5743 |
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To: |
Mr.
Keith E. Busse, President and Registered Agent |
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Steel
Dynamics, Inc. |
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Case No. 2003-15029-A
Based on an investigation on December 1, 2003, the Indiana Department of
Environmental Management (IDEM) has reason to believe that Steel Dynamics, Inc.
(Respondent) has violated environmental permits. The violations are based on the following:
1.
Respondent owns and operates a steel beam 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 326 IAC 2-2 and condition D.1.12 of Permit
183-18426-00030, the Fluorides emissions from the EAFs Baghouse stack shall not
exceed 2.09 pounds of Fluoride per hour based on a three (3) hour block
average.
February 20, 2003, the source conducted a stack test to determine compliance
with emission limitations. A review of
the stack test submitted to IDEM on April 15, 2003, indicates that the source
averaged 11.29 pounds of Fluroide per hour, a violation of 326 IAC 2-2 and
condition D.1.12 of Permit 183-18426-00030.
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: |
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Signed on April 12, 2006 |
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Matthew T. Klein |
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Assistant Commissioner |
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for
Compliance & Enforcement |
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cc: |
Whitley
County Health Department |
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Office
of Legal Counsel |
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Brenda
A. Mathews, Office of Enforcement |
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Jarrod
Fisher, 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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