STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
OF THE DEPARTMENT |
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No.
2016-23540-S |
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lone star industries, inc. |
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d/b/a BUZZI
UNICEM USA, |
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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 Lone Star Industries, Inc.
d/b/a Buzzi Unicem USA (“Respondent”),
which owns the facility with Facility Permit No. 67-05, (“Permit”) located at 3301
S 150 W, in Greencastle, Putnam County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and
the subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a
Notice of Violation (“NOV”) via Certified Mail to Massimo Toso,
President; Corporation Service Co., Registered Agent; and John Kass, Plant Manager for Lone Star Industries, Inc. d/b/a Buzzi Unicem USA.
5.
Respondent is in the business of manufacturing
cement through a semi-wet process, where materials are ground with water,
thoroughly mixed, and fed into a kiln in the form of a slurry
to be heated.
6.
During an investigation including inspections
on September 25, 2015, September 30, 2015, and December 11, 2015, conducted by
a representative of IDEM, the following violations were found:
a.
Pursuant to 329 IAC 10-4-2, no person shall
cause or allow the storage, containment, processing, or disposal of solid waste
in a manner which creates a threat to human health or the environment,
including the creating of a fire hazard, vector attraction, air or water
pollution, or other contamination.
As noted in the inspection reports
from inspections conducted on September 25, 2015, September 30, 2015, and
December 11, 2015, IDEM staff observed three areas at the Site where Respondent
disposed approximately 350 tons of alternative raw materials (“ARM”), which
were to be used in the manufacturing of cement, in a manner which creates a
threat to human health or the environment.
ARM were disposed in the permitted Restricted Waste Site landfill, the
waste rock pile in an active quarry area, and the waste rock disposal area on
the eastern side of the Site.
b.
Pursuant to IC 13-30-2-1(4), a person may not
deposit or cause or allow the deposit of any contaminants or solid waste upon
the land, except through the use of sanitary landfills, incineration,
composting, garbage grinding, or another method acceptable to the environmental
rules board.
As noted in the inspection reports
from inspections conducted on September 25, 2015, September 30, 2015, and
December 11, 2015, IDEM staff observed three areas at the Site where Respondent
deposited approximately 350 tons of ARM upon the land
using a method that has not been deemed acceptable by the environmental rules
board. ARM were disposed in the
permitted Restricted Waste Site landfill, the waste rock pile in an active
quarry area, and the waste rock disposal area on the eastern side of the Site.
c.
Pursuant to 329 IAC 10-9-4(a), a restricted
waste site must accept only the restricted waste types specified in the
facility permit. Under Permit Condition
B3, the permittee is approved to dispose of wastes generated from the cement
making process at Buzzi Unicem
USA that have a valid Restricted Waste Site Type I, II, III, or IV
classification. The facility must only
dispose of cement kiln dust (“CKD”), refractory brick, insulation, sediment,
metal, or other compatible waste streams approved by IDEM.
As noted in the inspection reports
from inspections conducted on September 25, 2015, September 30, 2015, and
December 11, 2015, Respondent disposed ARM, not generated from the cement
manufacturing process or previously approved by IDEM, into the Restricted Waste
Site landfill.
7.
Respondent submitted documentation on May 31,
2016, for the removal of 5,975 tons of material from the waste rock pile in the
active quarry area and waste rock disposal area on the east side of the
Site. This quantity is not all ARM, but rather reflects the total quantity of material
removed from these two areas and of which only a portion is ARM. This removal work resolves the allegations of
the NOV and no additional work is required to the NOV or as a result of this
Agreed Order.
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 the statute,
rules, and permit conditions listed in the findings above.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Trent Lindley, Enforcement Case
Manager |
Office of Land Quality |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
4.
Respondent is assessed
and agrees to pay a civil penalty of Fourteen Thousand Sixty Two Dollars and
Fifty Cents ($14,062.50). 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 penalty is payable by check to the
“Environmental Management Special Fund.”
Checks shall include the Case Number of this action and shall be mailed
to:
Indiana Department of Environmental
Management |
Office of Legal Counsel |
IGCN, Room N1307 |
100 North Senate Avenue |
Indianapolis, IN 46204 |
6.
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.
7.
This Agreed Order shall apply to and be
binding upon Respondent and its successors and assigns. Respondent’s
signatories to this Agreed Order certify that they are fully
authorized to execute this Agreed Order and legally bind the party they
represent. No change in ownership,
corporate, or partnership status of Respondent shall in any way alter its
status or responsibilities under this Agreed Order.
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 permits 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 NOV.
13.
This Agreed Order shall remain in effect
until Respondent complies with Order Paragraph 4. IDEM will issue a Resolution of Case Letter
to Respondent thereafter.
TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department of
Environmental Management |
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By:
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By: _________________________ |
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Nancy Johnston, Section
Chief |
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Enforcement Section |
Printed:
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Office of Land Quality |
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Title:
________________________ |
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Date: __________________ |
Date:
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COUNSEL FOR RESPONDENT: |
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By:
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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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OF |
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For the
Commissioner: |
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Signed on
December 28, 2016___ |
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Peggy Dorsey |
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Deputy Assistant
Commissioner |
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Office of
Land Quality |
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