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. 2020-27409-S
					)
LEHIGH CEMENT COMPANY LLC,					)
					)
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 Indiana Code (“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 IC 13-13-1-1.

2. Respondent is Lehigh Cement Company LLC (“Respondent”), which owns and operates the solid waste land disposal facility with SW Restricted Waste Site Type I Permit No. 47-05, located at 180 North Meridian Road in Mitchell, Lawrence 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 United States Postal Service to:

Christopher Ward, President of

Lehigh Cement Company LLC

Chris.ward@lehighhanson.com

300 E. John Carpenter Freeway, Suite 1645

Irving, Texas 75062

Corporation Service Company, Registered Agent for

Lehigh Cement Company LLC

135 North Pennsylvania Street, Suite 1610

Indianapolis, Indiana 46204

5. Respondent is a manufacturer and producer of cement and cement products.

6. During an investigation including an inspection on September 23, 2020 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“IAC”) 10-13-4(c) and Operational Permit Conditions D8 and D10, the permittee shall construct and operate a solid waste land disposal facility in accordance with the permit. The permittee must meet the following requirements regarding leachate storage at the facility: (b) Maintain the leachate level in the sumps and manholes at or below the approved depth; D10, the permittee must contain all leachate and water that has been in contact with waste within lined Cells 1 and 2 and the leachate collection system (including the leachate storage pond).

As noted during the inspection, the leachate in the west sump pump was not contained in the leachate collection system or maintained at or below the approved maximum depth of 12 inches above the leachate collection pipe. Due to pump failure after the facility monthly inspection in August 2020, leachate overflowed up and out of the sump and down an embankment uncontrolled until the September monthly facility inspection.

b. Pursuant to 329 IAC 10-28-15(a) and (b), any leachate on the surface of restricted waste sites Type I and Type II and municipal solid waste landfills must be immediately managed or controlled to prevent off-site migration; and surface movement of leachate past a point of fifty (50) feet outside of the solid waste boundary is prohibited except as specified in the facility permit.

As noted during the inspection, leachate filled the entire sump casing until it was discovered flowing out of the top, and onto the ground. The release flowed down an embankment greater than 50-feet away from the RWS. The release continued for an extended amount of time without being managed or controlled.

The pump was repaired at the September monthly facility inspection when the release was discovered.

7. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 rules and permit conditions listed in the findings of fact above.

3. Within sixty (60) days of the Effective Date, Respondent shall comply with 329 IAC 10-13-4(c) and Permit Conditions D8 and D10. Specifically, Respondent shall install and commence operation of remote and automated water level monitoring in the two leachate sumps, which will help ensure proper leachate sump levels. The monitors shall be configured to send an alarm to a mobile device or some other device that triggers a response from Respondent’s personnel.

4. Within ten (10) days of commencing operation of the monitoring devices required by Paragraph II.3., Respondent shall submit notification (“Notice”) to IDEM of the completion of the monitor installation.

5. Commencing on the Effective Date and continuing until the Notice submittal date, Respondent shall comply with 329 IAC 10- 13-4(c) and Permit Conditions D8 and D10. Specifically, Respondent shall increase the frequency of leachate sump pump inspections conducted by the facility to twice monthly. Upon submittal of the Notice, Respondent may revert back to leachate sump pump inspections on a once monthly basis.

6. Within fifteen (15) days of submitting the Notice, Respondent shall develop a SOP regarding leachate release prevention that minimizes the potential for releases due to the mechanical or electrical failure of the leachate sumps submit to IDEM. The SOP shall include information related to the proper functionality of the sump water level monitors installed in accordance with Paragraph II.3 as well as describing spill response measures and include a periodic test of the sump alarm.

7. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Jodi Pisula, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

8. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Eight Thousand Two Hundred Dollars ($8,200.00). Said penalty amount shall be due and payable to the “Environmental Management Special Fund” within thirty (30) days of the Effective Date; the thirtieth day being the “Due Date.”

9. In the event the terms and conditions of the following paragraphs are violated, Complainant may assess, and Respondent shall pay stipulated penalties in the following amounts:

Paragraph	Stipulated Penalty
Order paragraph #3	$100.00 per week
Order paragraph #4	$100.00 per week
Order paragraph #5	$100.00 per week
Order paragraph #6	$100.00 per week

10. Stipulated penalties shall be due and payable no later than the thirtieth day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the thirtieth 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 a 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.

11. 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

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

12. 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 10, above.

13. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

14. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

15. No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

16. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

17. 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.

18. 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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

19. 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.

20. 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 violations specified in the NOV.

21. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (U.S. 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 U.S. EPA or any other agency or entity.

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

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management				Lehigh Cement Company LLC
				Tracy Crowther, Plant Manager
By: _________________________				By: _________________________
	Jennifer Reno, Chief
	Land Enforcement Section			Printed: ______________________
Compliance Branch				Title: ________________________
Office of Land Quality
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 3/31/2021
				Peggy Dorsey, Assistant Commissioner
				Office of Land Quality