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 |
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CT
Corporation System, Registered Agent |
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Mittal
Steel USA ISG, Inc. |
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For
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General
Partner of |
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Case No. 2006-16368-A
Based on an investigation on August 30, 2006, the Indiana Department of
Environmental Management (“IDEM”) has reason to believe Mittal Steel USA ISG, Inc. (“Respondent”) has violated an environmental rule. The violation is based on the following:
1.
Respondent owns
and operates a coke plant at its integrated steel mill with I.D. No. 089-00001
located at
2. Pursuant
to 326 IAC 11-3-2(b)(4), visible emissions from the charging system, including
any open charge port, offtake system, mobile jumper pipe, or larry car shall
not be visible for more than a cumulative total of one hundred twenty-five (125)
seconds during five (5) consecutive charging periods.
Observations recorded by an IDEM representative of the charging emissions from
Coke Battery No. 1 ovens totaled two hundred seventy-two (272) seconds during
five (5) consecutive charging periods, in 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 may exist
and offers an opportunity to enter into an Agreed Order providing for the
action required to correct the violation and, as necessary and appropriate, 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 Janusz
Johnson at 317-233-1134 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
February 9, 2007 |
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Lori Kyle Endris |
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cc: Rochelle Marceillars, US EPA Region 5
Porter County Health Department
Deputy Attorney General
Janusz Johnson, Office of Enforcement
Phil Perry, Office of Air Quality
Hala Kuss, Northwest Regional Office
Dave Sampias, Northwest Regional Office
OAQ Public File
Enforcement File