NOTICE OF VIOLATION
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Via Certified Mail #: 7002 0510 0004 0398 8232 |
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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. 2005-15280-A
Based on an investigation on November 2, 2005, the Indiana Department of
Environmental Management (IDEM) has reason to believe the Steel Dynamics, Inc.
(Respondent) has violated environmental rule and permits. The violations are based on the following:
1.
Respondent owns and operates a steel mini mill with ID
number 033-00043 located at 4500 County Road 59 in Butler, DeKalb County,
Indiana (the “Site”).
A.
Pursuant to 326 IAC 2-2-3 and operation condition No. 16 of
Construction Permit No. 9187, visible emissions from a the LMF stack (No. 17)
shall not exceed three percent (3%) opacity.
On November 2, 2005, an IDEM representative noted that visible emissions from
the LMF averaged six and a quarter percent (6.25%) opacity for one six minute
period, and a five percent (5.0%) opacity for another, resulting in violations
of 326 IAC 2-2-3 and operation condition No. 16 of Construction Permit No.
9187.
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.
Please contact Brenda Mathews at (317) 232-8408
within fifteen (15) days after receipt of this Notice to discuss resolution of
this matter.
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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: |
DeKalb
County Health Department |
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L.
Kyle Endris, Office of Legal Counsel |
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Brenda
A. 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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