STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2016-23540-S
					)
lone star industries, inc.					)
d/b/a BUZZI UNICEM USA,					)
					)
Respondent.					)

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 30^th 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:
Department of Environmental Management
By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section				Printed: ______________________
Office of Land Quality
					Title: ________________________
Date: __________________					Date: _______________________
					COUNSEL FOR RESPONDENT:
					By: ________________________
					Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_______	DAY OF		________________________,	20__.
				For the Commissioner:
				Signed on December 28, 2016___
				Peggy Dorsey
				Deputy Assistant Commissioner
				Office of Land Quality