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. B-2451 or 1999-4743-W
                            )
MARK JACOBI,                    )
                            )
        Respondent.                )

    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.

2.    Respondent is Mark Jacobi (hereinafter referred to as "Respondent"), owner of Jacobi's Car Wash, 6566 State Road 150, Floyds Knobs, Floyd County, Indiana .

3.    Respondent is authorized to discharge from a vehicle washing facility to receiving waters named Little Indian Creek via a ditch in accordance with effluent limitations, monitoring requirements, and other conditions set forth in their NPDES Permit No. IN 0059382 (the "Permit").

4.    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, on June 15, 1999, IDEM issued a Notice of Violation via Certified Mail to:
                Mr. Mark Jacobi
                Jacobi's Car Wash
                6566 State Road 150
                Floyds Knobs, Indiana 47119

5.    IDEM conducted inspections of the Respondent's wastewater treatment facilities on May 11, 1999; November 20, 1998; September 15, 1998; May 1, 1998; January 21, 1998; and September 24, 1997.

6.    On June 1, 1999, the Office of Enforcement conducted a record review of the Respondent's Discharge Monitoring Reports (DMR's).

7.    As a result of the aforementioned inspections and record review, the Respondent was found in violation pursuant to 327 IAC 2-1-6(a)(1), 327 IAC 5-2-2, 327 IAC 3-2-1, 327 IAC 5-2- 8(8), 327 IAC 5-2-8 (11)(d)(i), IC 13-18-4-5, IC 13-30-2-1, and the Permit.

8.    The violations are based on the above inspections and a record review.

9.    During the inspections it was observed that the Respondent had an unpermitted bypass discharging into the Little Indian Creek; a sand filter which was not being used; and has, on the following occasions exceeded the effluent limitations in the Permit for Total Suspended Solids, Oil & Grease, and CBOD₅.

10.    Between January 1, 1998 and February 28, 1999, the Respondent exceeded its NPDES effluent limitation for Total Suspended Solids on six (6) occasions.

11.    Between October 31, 1997 and February 28, 1999, the Respondent exceeded its NPDES effluent limitation for Oil & Grease on five (5) occasions.

12.    Between September 30, 1997 and February 28, 1999, the Respondent exceeded its NPDES effluent limitation for CBOD₅ on seventeen (17) occasions.

13.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

2.    The Respondent has developed a Compliance Plan (Attachment A) that includes the corrective actions that it will take that are expected to result in compliance with the effluent limitations contained in the current Permit. The Compliance Plan is incorporated into the Agreed Order and shall be deemed an enforceable part thereof.

3.    By the 28th day each month and lasting until completion of the Compliance Plan, the Respondent will submit to IDEM written Monthly Progress Reports as provided by Item 10 of the Compliance Plan. The Monthly Progress Reports will include notification of each task completed in the Compliance Plan during the prior month, and will include the cause number of this Agreed Order (Cause No. B-2451), a description of the task completed, the date it was completed, and the Respondent's progress in the development of the remaining Items.

4.    Upon completion of the Compliance Plan, and lasting for a period of one (1) year, the Respondent shall be under a performance period during which it shall maintain monthly average Oil and Grease, CBOD₅, and TSS concentration limits contained in its NPDES effective at the time. Respondent will be liable for stipulated penalties for failure to comply with the requirements of the performance period until six (6) consecutive months of compliance with monthly average Oil and Grease, CBOD_5, and TSS concentration limits are demonstrated, or one (1) year, whichever comes first, and IDEM issues a letter of completion of the performance period. Should the Respondent fail to demonstrate six (6) consecutive months of compliance with monthly average Oil and Grease, CBOD₅, and TSS limits within one (1) year, then IDEM, at its discretion, may initiate an additional enforcement action for continuing violations. The Respondent shall assure that all samples and measurements taken are representative of the volume and nature of the monitored discharge as required by Part I.B.1 of the Permit.

5.    Prior to completion of the Compliance Plan, should the Respondent demonstrate six (6) consecutive months, including at least two (2) Summer months (May 1 to November 30), of NPDES compliance with Monthly Average and Daily Maximum concentration limitations for Oil and Grease, CBOD₅, and TSS, then the Order is considered complete and closed irrespective of the status of completion of the items in the Compliance Plan. The Respondent shall assure that all samples and measurements taken are representative of the volume and nature of the monitored discharge as required by Part I.B.1 of the Permit.

6.    In the event wastewater treatment service becomes available at a capital cost less than the cost of implementing the Compliance Plan and an operating cost less than 150% of the operation

and maintenance costs for the on site treatment system, the permittee reserves the right to connect to such wastewater treatment service and discontinue the use of the business' on site treatment facility.

7    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
                Terry A. Ressler, Case Manager
                Office of Enforcement, 1315 IGCN
                Indiana Department of Environmental Management
                100 N. Senate Avenue
                P. O. Box 6015
                Indianapolis, IN 46206-6015

8.     Respondent is assessed a civil penalty of Six Thousand Eight Hundred Dollars ($6,800). 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.

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

         Violation                        Penalty

        Paragraph 2:        $250 per week for failure to comply with any milestone contained in the Compliance Plan (Attachment A),

        Paragraph 3:        $250 per week for failure to timely submit any Monthly Progress Report, and

        Paragraph 4:        $250 per month for failure to comply with monthly average Oil and Grease, CBOD₅, and/or TSS concentration limits contained in its NPDES effective at the time during the performance period.

10.    Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the 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.

11.    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
                Indiana Department of Environmental Management
                100 N. Senate Avenue
                P. O. Box 7060
                Indianapolis, IN 46207-7060

12.    In the event that the civil penalty required by paragraph 8 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.

13.    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.

14.    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.

15.    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.

16.    This Agreed Order shall remain in effect until Respondent has complied with the requirements of paragraphs 2, 3, 4, 5, 6, and 8 of this Agreed Order, and IDEM issues a resolution of cause letter.

By:     _________________________        By:     _________________________
    Mark W. Stanifer, Section Chief
    Office of Enforcement            Printed: ________________________

                            Title:     ________________________

Date: _______________                Date:     _______________

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

By: _________________________            By: ________________________
Nancy A. Holloran
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 4/20/00_____
                            Felicia A. Robinson
                            Assistant Commissioner of Enforcement