Link to original WordPerfect Document here


VIA CERTIFIED MAIL# ____________________

NOTICE OF VIOLATION

To:    Thomas W. Easterly, Superintendent        C.T. Corporation System, Resident Agent
    Environmental Services Department         for Bethlehem Steel Corporation
    Bethlehem Steel Corporation            One North Capitol Avenue
    P.O. Box 248                    Indianapolis, Indiana 46204
    Chesterton, Indiana 46304    
    

Cause No. A-3460, A-3461, A-3475, A-3728, A-3939, A-3939(b), A-3960, A-3960(b), A-4023, A-4064

    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) conducted inspections at Bethlehem Steel Corporation, Burns Harbor Division, Chesterton, Indiana ("the Site").

    IDEM conducted inspections on October 6 and October 11, 1995, August 30, 1996, and June 23, April 4, April 25, July 30, and August 25, 1997. You were found in violation of 326 IAC 5-1-2 which requires that visible emissions not exceed an average of forty percent (40%) opacity in twenty-four (24) consecutive readings. This violation is based on the fact that during the inspections it was observed that six-minute average opacities of emissions from the Basic Oxygen Furnace (BOF) roof monitor exceeded forty percent (40%).

    IDEM conducted an inspection on October 23, 1995, and found that baghouses had not been installed at various emission points on the Site. Failure to install those baghouses is a violation of operation permit conditions.

    IDEM conducted an inspection on February 18, 1997, and visible emissions exceeding forty percent (40%) opacity in twenty-four (24) consecutive readings were observed at the iron beaching pits located on the Site, a violation of 326 IAC 5-1-2.

    

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day of any violation.

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13- 14-10 or IC 13-14-2-6. Advantages of entering into an Agreed Order are:

    1.    You may not be required to admit that any violation occurred.

    2.    The civil penalty may be less than that imposed under an Order of the Commissioner.

    To discuss this matter further, please contact Eric Larsen at 317/233-1133 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 to you for review and signature.

                            For the Commissioner:

Date:    _______________                Signed on December 1, 1997

                            David J. Hensel
                            Director
                            Office of Enforcement

cc:    Jean Bauer, US EPA Region 5
    Porter County Health Department
    OAM Public File
     http://www.ai.org/idem/

    

bcc:    C. Edward Taylor, Office of Legal Counsel
    Eric Larsen, Office of Enforcement
    Paul Karkiewicz, Office of Air Management
    Enforcement File
    

Converted by Andrew Scriven