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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-4617 or 1999-3618-A
                            )
UNITED STATES GYPSUM COMPANY,        )
                            )
        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.

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 United States Gypsum Company (hereinafter referred to as "Respondent"), who owns and operates a wallboard production facility at SR 650 , located in Shoals, Indiana.

    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:


            Mr. P. Jack O'Bryan, President        CT Corporation Systems
            United States Gypsum Company        Registered Agent
            125 South Franklin Street            1 North Capitol Avenue
            Chicago, IL 60606                Indianapolis, IN 46204

    5.    Pursuant to Section D.9 of the Title V permit number T101-7691-00001, issued on May 24, 1999, each operation at the number one wallboard production facility shall take a particulate matter (PM) emissions limit, including the glip saw operation PM limit of 0.35 lbs/hr.

    6.    During the stack test conducted on June 15, 1999, the average PM emissions from the glip saw operation were 2.81 lbs/hr, a violation of permit condition # D.9.1(a)(4).

    7.    Respondent identified the cause of the non-compliance as a bag clamp break that allowed the bag to slip partially away from its cage. Respondent corrected this problem. On October 7, 1999, Respondent retested the glip saw operation baghouse. The test results confirmed compliance with the permit condition.

    8.    Respondent submitted a standard operating procedure (SOP) for periodic inspections of the baghouse attached to the glip saw operation. The SOP designated as Exhibit A, is hereby made an enforceable part of this Agreed Order.

    9.    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 his delegate, and has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date.

    2.    Respondent shall conduct the periodic baghouse inspections in accordance with the SOP, make records of the inspections, and maintain them on site for two (2) years. Respondent shall make the records available to Complainant's representative upon request.    

    3.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

        Mr. Michael Stonik, Enforcement Case Manager
        Office of Enforcement

        Indiana Department of Environmental Management
        100 N. Senate Avenue
        P. O. Box 6015
        Indianapolis, IN 46206-6015

    4.    Respondent is assessed a civil penalty of Ten Thousand Dollars ($10,000.00). 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.

    5.    In the event the following terms and conditions are violated, Complainant may assess and Respondent shall pay a stipulated penalty in the following amounts:

                Violation                    Penalty

        Failure to comply with Order paragraph    Five Hundred Dollars ($500.00)
        2 of this Agreed Order            per each day of violation

    6.    Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude Complainant from seeking any additional relief against Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, Complainant may seek any other remedies or sanctions available by virtue of Respondent's violation of this Agreed Order, or Indiana law, including but not limited to civil penalties pursuant to IC 13-30-4.

    7.    Civil and stipulated 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

    8.    In the event that the civil penalty required by Order paragraph 4 of this Agreed Order is not paid within thirty (30) days of the Effective Date of this Agreed Order, or if the stipulated penalty required by Order paragraph 5 of this Agreed Order is not paid within thirty (30) days of Complainant's written notification receipt, 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.

    9.    Respondent is hereby assessed a Civil Penalty of ten Thousand Dollars ($10,000.00). Within thirty (30) days of the effective date of the Agreed Order, Respondent shall pay a cash penalty of Two Thousand Dollars ($2,000.00). The payment shall be submitted to the Environmental Management Special Fund, as directed by Order paragraph 8 of this Agreed Order. In lieu of payment of the remaining Civil Penalty, Respondent shall perform and complete the Supplemental Environmental Project ("SEP"), Paving of an Area of Roadway at the End of the Number 2 Board Line. The SEP involves excavation of the area of approximately 5,350 sq. ft, filling it with new material, and rolling on a pavement to ensure proper compaction and drainage. The location of the area to be paved is shown on two sketches attached in Exhibit B. The total funds expended on the SEP shall be a minimum of Twenty Four Thousand Dollars ($24,000.00). Respondent shall complete the SEP on or before July 1, 2000. Within thirty (30) days of the SEP completion, Respondent shall submit a completion report accompanied by a proof of the total expenditures made.

        If the SEP is not completed in accordance with this Agreed Order and within the specified time period, Respondent shall pay the remaining amount of the Civil Penalty, plus interest at the rate established by IC 24-4.6-1-101, to the Environmental Management Special Fund. Payment of the remaining Civil Penalty shall be submitted within fifteen (15) days from receipt of a notice to pay from IDEM. Interest on the remaining Civil Penalty shall be paid from the effective date of this Agreed Order.

    10.    "Force Majeure", for purposes of this Agreed Order, is defined as any event arising from causes beyond the control of Respondent that delays or prevents the performance of any obligation under this Agreed Order despite Respondent's best efforts to fulfill the obligation. The requirement that Respondent exercise "best efforts to fulfill the obligation" includes using best efforts to anticipate any potential force majeure event and best efforts to address the effects of any potential force majeure event (1) as it is occurring and (2) following the potential force majeure event, such that the delay is minimized to the greatest extent possible. "Force Majeure" does not include financial inability to complete the work required by this Agreed Order or increases in costs to perform the work.

        Respondent shall notify IDEM by calling within three (3) calendar days and by writing no later than seven (7) calendar days after any event which Respondent contends is a force majeure. Such notification shall describe the anticipated length of the delay, the cause or causes of the delay, the measures taken or to be taken by Respondent to minimize the delay, and the timetable by which these

measures will be implemented. Respondent shall include with any notice all available documentation supporting their claim that the delay was attributable to a force majeure. Failure to comply with the above requirements shall preclude Respondent from asserting any claim of force majeure for that event. Respondent shall have the burden of demonstrating that the event is a force majeure. The decision of whether an event is a force majeure shall be made by IDEM. Said decision shall be communicated to Respondent.

        If a delay is attributable to a force majeure, IDEM shall extend, in writing, the time period for performance under this Agreed Order, by the amount of time that is attributable to the event constituting the force majeure.

    11.    This Agreed Order shall apply to and be binding upon Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. 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 Respondent shall in any way alter its status or responsibilities under this Agreed Order.

    12.    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.

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


TECHNICAL RECOMMENDATION:        UNITED STATES GYPSUM COMPANY:
Department of Environmental Management

By:     _________________________        By: _________________________
    David P. McIver
    Air Section Chief            
    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 ____________________, 2000.

                            For the Commissioner:

                            Signed on May 4, 2000
                            ___________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            of Enforcement



Exhibit A

Standard Operating Procedure

Periodic Inspection of the Baghouse

Attached to the Glip Saw Operation


Exhibit B

Supplemental Environmental Project

Paving of an Area of Roadway at the

End of the Number 2 Board Line

Converted by Andrew Scriven