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. 2004-13958-A &
				)	2005-14718-A
WALLACE CONSTRUCTION, INC.				)
.D/B/A W.A.P. COMPANY,				)
				)
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 (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 Wallace Construction, Inc. (Respondent), which owns and operates the a stationary hot mix batch asphalt production plant located at 9790 Old State Road 37 North, Martinsville, Morgan County, 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 May 16, 2005 IDEM issued a Notice of Violation via Certified Mail to:

Mr. Richard E. Wallace, Jr., President & Registered Agent

Wallace Construction, Inc. d/b/a W.A.P. Company

3060 Musgrave Road

P.O. Box 1432

Martinsville, Indiana 46151

5. An inspection, on April 2, 2004, was conducted at the Site by a representative of IDEM’s Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this inspection:

A. Pursuant to Operation Permit No. F109-11546-03229, Section D.1.8, Permittee shall conduct PM and PM10 testing of the batch mixer and dryer/burner using methods as approved by the Commissioner during the period between thirty (30) and thirty-six (36) months after issuance of the permit.

On the April 2, 2004 inspection, a testing protocol had not been submitted nor had the testing requirements been met within the aforementioned time period, a violation of Section D.1.8 of the Permit.

B. Pursuant to 326 IAC 2-8-3(h) and condition B.17 of Federally Enforceable State Operating Permit (FESOP) No. F109-11546-03229, for purposes of a FESOP renewal, a timely application is one that is submitted at least nine (9) months prior to the date of expiration of the source’s existing permit.

The FESOP for this source expired on July 21, 2005, however a FESOP renewal application was not submitted until January 22,2005. This application was submitted less than nine (9) months prior to the expiration of the source’s existing permit, a violation of 326 IAC 2-8-3(h) and condition B.17 of Federally Enforceable State Operating Permit (FESOP) No. F109-11546-03229.

6. 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 shall comply with permit Section D.1.8 of permit No. T109-11546-03229.

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

Kristopher M. Grinnell, 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 Five Thousand Six Hundred Dollars ($ 5,600.00). 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. Civil 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:

Cashier

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by Order paragraph No. 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				Aluminum Recovery Technologies, Inc.
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
Date:	____________________			Date:		____________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_______	DAY OF		__________________		, 20____.
				For the Commissioner:
				Signed 03/30/06
				Matthew T. Klein
				Assistant Commissioner for
				Compliance & Enforcement