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STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,                )
                            )
            v.                )CAUSE NO. A-4529 or 1999-3515-A
                            )
STONHARD, DIVISION OF             )
STONCOR GROUP, INC.,                )
                            )
        Respondent.                )            
                            

AGREED ORDER

    The Complainant and the 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.

I. FINDINGS OF FACT

    1.    Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

    2.    Respondent is Stonhard, Division of StonCor Group, Inc. (hereinafter referred to as "Respondent"), which owns and operates a polymer flooring manufacturing facility located at 1310 Dividend Road, Fort Wayne, Indiana (the "Site").

    3.    The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

    4.    Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
        
        Walter D. Toomer,                U.S. Corporation Company
        Regulatory Affairs Manager            Registerd Agent for Stonhard, Inc.
        Stonhard, Inc.                    2 Market Square Center
        1310 Dividend Road                Indianapolis, Indiana 46204
        Fort Wayne, Indiana 46808

    5.    Rule 326 IAC 2-7-3 requires a Part 70 source to not operate after the time that it is required to submit a timely and complete Part 70 permit application if that source fails to submit said application.

    6.    Rule 326 IAC 2-7-4 requires a Part 70 source to submit a timely and complete application no more than twelve (12) months after United States Environmental Protection Agency approval of the Part 70 program. That due date was December 13, 1996.

    7.    Designated representative(s) of IDEM conducted a records review of the Site in February, 1999, and noted that the Respondent was operating and that the Respondent submitted the Part 70 application to IDEM on May 26, 1998. Those activities of the Respondent are violations of 326 IAC 2-7-3 and 326 IAC 2-7-4 respectively.

    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 the Complainant or his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
    
    2.    Respondent is assessed a civil penalty of Fourteen Thousand Seven Hundred Dollars ($14,700) in settlement of IDEM's claim for civil penalties which may have been assessed for noncompliance noted in the Notice of Violation. Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.


    3.    Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:

            Cashier
            IDEM                            
            100 N. Senate Avenue
            P. O. Box 7060
            Indianapolis, IN 46207-7060

    4.    In the event that the civil penalty required by paragraph 2 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

    5.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

    6.    In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.

    7.    The 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.

    8.    This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        STONHARD, DIVISION OF
Department of Environmental Management        STONCOR GROUP, INC.:

By:     _________________________        By: _________________________
    David P. McIver
    Chief, Air Section            
    Office of Enforcement            Printed: ______________________
    
                            Title: ________________________                         
Date: ________________________            Date: ________________________

COUNSEL FOR COMPLAINANT:            COUNSEL FOR RESPONDENT:
Department of Environmental Management

By: _________________________            By: ________________________
Office of Legal Counsel                
Department of Environmental Management

Date: _______________________            Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 199___.

                            
                            For the Commissioner:
                            

                            Signed on 01/25/2000
                            Felicia A. Robinson
                            Assistant Commissioner of Enforcement
                            

Converted by Andrew Scriven