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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. STEEL
DYNAMICS, INC., Respondent. |
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AGREED ORDER
Complainant
and Respondent desire to settle and compromise this action without hearing or
adjudication of any issue of fact or law, and consent to the entry of the
following Findings of Fact and Order.
Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does
not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order
shall not constitute a waiver of any defense, legal or equitable, which
Respondent may have in any future administrative or judicial proceeding, except
a proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant
is the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management (“IDEM”), a department of the State of Indiana created by Indiana
Code (“IC”) 13-13-1-1.
2.
Respondent
is Steel Dynamics, Inc. – Structural & Rail Division (“Respondent”), which
owns and operates the stationary steel beam mini mill with Plant ID No.
183-00030, located at 2601 County Road 700 East, in Columbia City, Whitley
County, Indiana (“Site”).
3.
IDEM
has jurisdiction over the parties and the subject matter of this action.
4.
Respondent
waived issuance of a Notice of Violation (“NOV”), for the violations specified
in Findings of Fact Paragraph number 5, and to the settlement period of sixty
(60) days as provided for by IC 13-30-3-3, on December 9, 2015.
5.
Based
on a stack test conducted on March 12, 2015, the following violation was found:
Pursuant
to Part 70 Permit No. 183-34321-00030 (“Permit”), issued to Respondent on
October 15, 2014, condition D.1.8, requires total lead (Pb) emissions from the
EAF Baghouse stack (Stack 1) and LMS Baghouse stack (Stack 43) shall not exceed
0.00048 pounds of lead per ton of steel and 0.144 pounds of lead per hour,
based on a three (3) hour block average.
Respondent exceeded both the pounds per ton of steel and pounds per hour limits
for lead during stack testing conducted, in violation of Permit condition
D.1.8.
6.
Respondent
conducted a retest for lead on June 18 & 19, 2015. A review of the retest indicated compliance
with the lead limit during the test.
7.
On
May 20, 2015, Respondent submitted response steps following the failed test on
March 12, 2015. Response asserts that a
quantity of lead that had been found in received scrap that had been
quarantined had been accidently “pushed up” into the active melting piles. Respondent stated that employees have been
retrained and procedures have been modified regarding these types of materials
8.
In
recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
II. ORDER
1.
This
Agreed Order shall be effective (“Effective Date”) when it is approved by
Complainant or Complainant’s delegate, and has been received by
Respondent. This Agreed Order shall have
no force or effect until the Effective Date.
2.
Respondent
shall comply with Part 70 Permit 183-35899-00030 unless superseded by a permit
modification or renewal.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
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Matthew
Chaifetz, Compliance and Enforcement Manager |
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Compliance
and Enforcement Branch – Mail Code 61-53 |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Eleven Thousand Dollars
($11,000.00). Said penalty amount shall
be due and payable to the Environmental Management Special Fund within thirty
(30) days of the Effective Date; the 30th day being the “Due Date”.
5.
Civil
penalties are payable by check to the “Environmental Management Special
Fund.” Checks shall include the Case
Number of this action and shall be mailed to:
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IDEM Office
of Legal Counsel |
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IGCN,
Rm N1307 |
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100 N
Senate Ave |
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Indianapolis,
IN 46204 |
6.
This
Agreed Order shall apply to and be binding upon Respondent and its successors
and assigns. Respondent’s signatory to this Agreed Order certify that he/she is fully
authorized to execute this Agreed Order and legally bind Respondent. No change in ownership, corporate, or
partnership status of Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
7.
In
the event that the monies due to IDEM pursuant to this Agreed Order are not
paid on or before their Due Date, Respondent shall pay interest on the unpaid
balance at the rate established by IC 24-4.6-1.
The interest shall be computed as having accrued from the Due Date until
the date that Respondent pays any unpaid balance. Such interest shall be payable to the
Environmental Management Special Fund, and shall be payable to IDEM in the
manner specified in Paragraph 5, above.
8.
In
the event that any terms of this Agreed Order are found to be invalid, the
remaining terms shall remain in full force and effect and shall be construed
and enforced as if this Agreed Order did not contain the invalid terms.
9.
Respondent
shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors,
firms and other persons performing work under this Agreed Order comply with the
terms of this Agreed Order.
10.
This
Agreed Order is not and shall not be interpreted to be a permit or a
modification of an existing permit. This
Agreed Order, and IDEM’s review or approval of any submittal made by Respondent
pursuant to this Agreed Order, shall not in any way relieve Respondent of its
obligation to comply with the requirements of its applicable permit or any
applicable Federal or State law or regulation.
11.
Complainant
does not, by its approval of this Agreed Order, warrant or aver in any manner
that Respondent’s compliance with any aspect of this Agreed Order will result
in compliance with the provisions of any permit, order, or any applicable
Federal or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held
liable for any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
12.
Nothing
in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties
or injunctive relief under any applicable Federal or State law or regulation,
except that IDEM may not, and hereby waives its right to, seek additional civil
penalties for the same violations specified in the Agreed Order.
13.
Nothing
in this Agreed Order shall prevent IDEM or anyone acting on its behalf from
communicating with the EPA or any other agency or entity about any matters
relating to this enforcement action.
IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties Respondent may incur as a result of such communications with
the EPA or any other agency or entity.
14.
This
Agreed Order shall remain in effect until Respondent has complied with the
terms of Order Paragraph 4; IDEM will issue a Resolution of Case letter to
Respondent thereafter.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Steel Dynamics, Inc. – Structural & Rail Division |
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By: |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
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Office
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COUNSEL
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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2016. |
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For
the Commissioner |
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Signed
on April 14, 2016 |
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Keith
Baugues, Assistant Commissioner |
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Office
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Indiana
Department of Environmental Management |
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