STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2000-10073-A

)

GREAT DANE LIMITED PARTNERSHIP, )

)

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.

1. Complainant is the Commissioner ("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 Great Dane Limited Partnership ("Respondent"), which operates the semi-truck trailer manufacturing operation (021-00008) located at 2664 U.S. Highway 40 East, in Brazil, Clay Co., Indiana ("Site").

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

4. Pursuant to IC 13-30-3-3, on January 23, 2002 IDEM issued a Notice of Violation via Certified Mail to:

John Flathman, Vice President Dane Acquisition Corp.

Manufacturing Operations General Partner

Great Dane Limited Partnership 222 N. LaSalle St., Ste 1000

2664 East US Hwy. 40 Chicago, IL 60601

PO Box 350

Brazil, IN 47834

National Registered Agents, Inc.

320 N. Meridian St.

Indianapolis, IN 46204

5. A records review was conducted of the 3rd Quarter 2000, 4th Quarter 2000 and 1st Quarter 2001 reports submitted by Respondent by a representative of IDEM's Office of Air Quality (OAQ). The following violations were in existence or observed at the time of these reviews:

a. Pursuant to 326 IAC 8-2-9, sources or facilities which coat miscellaneous metal parts with actual volatile organic compound (VOC) emissions greater than 15 lbs/day may not cause, allow, or permit the discharge into the atmosphere of any VOCs except clear coatings in excess of 3.5 lbs/gallon of coating, excluding water, delivered to a coating applicator. Clear coatings are limited to 4.3 lbs/gallon of coating.

b. Permit 11-10-91-0049 issued March 21, 1988 limits the daily volume weighted average of coatings used by the Large Order Line other than clear coatings to 3.5 lbs/gallon of coating, excluding water, delivered to the applicator.

c. Respondent exceeded this threshold on 3 days in October, 2000; 6 days in November, 2000; and 8 days in January, 2001, while using coatings that exceeded a daily volume weighted average of 3.5 pounds of VOCs per gallon of coating, a violation of permit number 11-10-91-0049 and 326 IAC 8-2-9.

d. Permit 021-2693-00008 issued February 2, 1993, limits the daily volume weighted average VOC content of the Multipurpose Line containing Booth 30 to 3.5 lbs/gallon of coating, excluding water.

e. Respondent exceeded this threshold on 1 day in July, 2000 and 9 days in September, 2000, while using coatings that exceeded a daily volume weighted average of 3.5 pounds of VOCs per gallon of coating, a violation of permit number 021-2693-00008 and 326 IAC 8-2-9.

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

1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with permit numbers 11-10-91-0049 and 021-2693-00008 until such time that Respondent's Title 5 permit takes effect. Respondent shall also comply with 326 IAC 8-2-9.

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

Lynne Sullivan, 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 Twenty-Four Thousand Dollars ($24,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

5. Civil penalty is 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

6. In the event that the civil penalty required by Order paragraph 4, 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.

7. This Agreed Order shall apply to and be binding upon the Respondent, its successors 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.

8. 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.

9. 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.

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

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Great Dane Limited Partnership

By: By:

David P. McIver

Chief, Air Section Printed:

Office of Enforcement

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 , 2002.

For the Commissioner:

Signed 6/7/02

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs