STATE OF INDIANA

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SS:

BEFORE THE INDIANA DEPARTMENT OF

 

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COUNTY OF MARION

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ENVIRONMENTAL MANAGEMENT

 

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. 2017-24837-H

 

 

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UNITED STATES STEEL CORPORATION,

 

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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 United States Steel Corporation (�Respondent�), which owns/operates the company with U.S. EPA I.D. Number IND 005444062 located at 1 North Broadway in Gary, Lake County, Indiana (�Site�).

 

3.               IDEM has jurisdiction over the parties and the subject matter of this action.

 

4.               Respondent waives issuance of a Notice of Violation and to the settlement period of sixty (60) days as provided for by IC 13-30-3-3.

 

5.               Respondent is a fully integrated manufacturing plant consisting of blast furnaces, basic oxygen process (BOP) steel making facilities, sintering, continuous casters, rolling mills, and finishing facilities.� Respondent notified for hazardous waste activities on August 18, 1980.

 

6.               During an investigation, including an inspection on August 10, 2017, conducted by a representative of IDEM, the following violations were found:

 

a.������ Pursuant to Indiana Code (�IC�) 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment in any form that causes or would cause pollution that violates or would violate 329 Indiana Administrative Code (�IAC�) 10-4-2, 329 IAC 10-4-3, and 327 IAC 2-1.5-8(b)(1).

 

As noted during the inspection, Respondent caused or allowed K062 listed hazardous waste to be released into the environment at the Site.� A release of K062 listed hazardous waste occurred when Number A-2 acid pickling process tank leaked hydrochloric acid onto the floor.� The hydrochloric acid flowed into the floor�s containment trench.� A hole in the trench allowed the hydrochloric acid to migrate into the soil below the floor.� The hydrochloric acid then flowed to the Old S piping system passing through the 606 lift station out to the Final Oil Separator.� Respondent maintains the released material was hydrochloric acid in use as a raw material in its pickling process.

 

b.������ Pursuant to IC 13-30-2-1(4), no person shall 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 board.

 

As noted during the inspection, Respondent deposited or caused and/or allowed the deposit of K062 listed hazardous waste upon the land in a method which has not been determined by the board to be acceptable.� Respondent maintains the released material was hydrochloric acid in use as a raw material in its pickling process.

 

c.               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 during the inspection, Respondent caused or allowed K062 listed hazardous waste, a solid waste, to be disposed at the Site in a manner which creates a threat to human health or the environment.� Respondent maintains the released material was hydrochloric acid in use as a raw material in its pickling process.

 

7.               Respondent notified the U.S. EPA and IDEM of the release.� �The area of the release is within a Solid Waste Management Area (SWMA).� This SWMA is incorporated and addressed in the overall corrective action activities at the facility.� The Facility promptly removed all of the released material from the containment trench.� The containment trench was inspected and damaged brick and concrete were removed.� The trench was formed and re-poured in a manner that corrected structural deficiencies and established appropriate grading to ensure appropriate flow.

 

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 statutes, rules, and/or permit conditions listed in the findings above.

 

3.               Within one hundred eighty (180) days of the Effective Date, Respondent shall apply a coating resistant to protect the containment trench from hydrochloric acid.

 

4.               Within one hundred ninety-five (195) days of the Effective Date, Respondent shall submit photo documentation showing the application of coating to the containment trench.

 

5.               All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Jennifer Reno, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

6.               Respondent is assessed and agrees to pay a civil penalty of Nine Thousand Dollars ($9,000.00). �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�.

 

7.               In the event the terms and conditions of the following paragraphs are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amount:

 

Paragraph

Penalty

 

 

Order Paragraph 3 �

$500 per week

Order Paragraph 4

$200 per week

 

8.               Stipulated penalties shall be due and payable no later than the 30th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30th day being the �Due Date�.� Complainant may notify Respondent at any time that a stipulated penalty is due.� Failure to notify Respondent in writing in a timely manner of stipulated penalty assessment shall not waive Complainant�s right to collect such stipulated penalty or preclude Complainant from seeking additional relief against Respondent for violation of this Agreed Order.� Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

 

9.               Civil and stipulated 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:

 

Indiana Department of Environmental Management

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

 

10.           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 9, above.

 

11.           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.

 

12.           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.

 

13.           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.

 

14.           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.

 

15.           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.

 

16.           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.

 

17.           This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

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 5/15/18

 

Peggy Dorsey

 

Assistant Commissioner

 

Office of Land Quality