NOTICE OF VIOLATION
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Via Certified Mail #: |
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Via Certified Mail #: |
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To: |
Mr. Rodney Mott, President Mittal Steel USA ISG, Inc. General Partner of ISG Indiana Harbor, Inc. |
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CT Corporation System,
Registered Agent for ISG Indiana Harbor,
Inc. |
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Case No. 2006-16079-A
Based on an investigation on August 3, 2006, the Indiana Department of
Environmental Management (“IDEM”) has reason to believe that ISG Indiana
Harbor, Inc. (“Respondent”) has violated an environmental rule. The violations are based on the following:
1.
Respondent owns
and operates a Blast Furnace (IH-3) at its integrated steel mill with Federal
ID number 089-00318 located at
2. IDEM’s
representative conducted an inspection at or near the Site on August 3, 2006. The inspection revealed the following
violation:
a. Pursuant
to 326 IAC 5-1-2(2)(B), opacity of visible emissions (“VE”) from sources in
During the inspection, VE opacity from the stove stack of the IH-3 Blast
Furnace at this Site exceeded the limit once with a 6-minute average opacity of
95.8% in violation of 326 IAC 5-1-2(2)(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 13-30-3-4,
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 Janusz Johnson 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.
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For the Commissioner: |
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Date: |
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Signed on October 30, 2006 |
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Matthew T. Klein |
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cc: Rochelle
A. Marceillars, US EPA Region 5
Lake County Health Department
Janusz Johnson, Office of Enforcement
Michael Hall, Northwest Regional Office
Enforcement File
Public File
http://www.in.gov/idem/enforcement/