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

COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case Nos. 2015-22824-S,
					)	2015-22991-S, and 2016-23980-S
					)
lehigh cement company llc,					)
					)
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. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.

I. FINDINGS OF FACT

1. Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.

2. Respondent is Lehigh Cement Company LLC (“Respondent”), which owns/operates the Restricted Waste Site (RWS) with United States Environmental Protection Agency (“EPA”) ID No. IND006054183 and Solid Waste Facility Permit No. 47-05, located at 180 N. Meridian Road in Mitchell, Lawrence County, Indiana (“Site”).

3. IDEM has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to:

Scott Quaas	Corporation Service Company
Lehigh Cement Company LLC	251 E. Ohio Street Ste. 500
180 North Meridian Road	Indianapolis, IN 46204
Mitchell, Indiana 47446

5. Respondent waives issuance of the Notice of Violation and the settlement period of sixty (60) days as provided for by IC 13-30-3-3 for violations noted during the June 9, 2016 inspection.

6. During an investigation including an inspection on November 25, 2014, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 Indiana Administrative Code (“IAC”) 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspection on November 25, 2014, Respondent stored and/or disposed of solid waste in a manner which creates a threat to human health or the environment. IDEM staff observed CKD waste tracked outside of the solid waste boundary of the permitted restricted waste site. The CKD waste was tracked by heavy machinery that drove across the uncovered waste and down the slope, tracking waste onto the perimeter road. The CKD waste was also tracked down the side slope and deposited on top of the interim cover.

b. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

As noted during the inspection on November 25, 2014, Respondent deposited or caused and/or allowed the deposit of solid waste in a method which has not been determined by the board to be acceptable. CKD waste was tracked outside of the solid waste boundary of the permitted restricted waste site. The CKD waste was tracked by heavy machinery that drove across the uncovered waste and down the side slope, tracking waste onto the perimeter road. Also, CKD waste was tracked down the side slope and deposited on top of the interim cover.

c. Pursuant to Permit Condition D4, the permittee must not dispose of waste outside of the solid waste boundary.

As noted during the inspection on November 25, 2014, Respondent disposed of waste outside of the solid waste boundary. CKD waste was tracked outside of the solid waste boundary of the permitted restricted waste site. The CKD waste was tracked by heavy machinery that drove across the uncovered waste and down the side slope, tracking waste onto the perimeter road. Also, CKD waste was tracked down the side slope and deposited on top of the interim cover.

d. Pursuant to Permit Condition D15, the permittee must maintain the interim side slope cover of each lift to prevent migration of waste and leachate from the active area.

As noted during the inspection on November 25, 2014, CKD waste was tracked by heavy machinery that drove across the uncovered waste and down the side slope. IDEM staff observed two areas where there were ruts in the interim side slope cover and CKD waste was tracked down the southern interim side slope.

e. Pursuant to 327 IAC 2-6.1-5(5), the following spills from a facility must be reported: any spill for which a spill response has not been done.

As noted during the inspection on November 25, 2014, IDEM staff observed a release of leachate from the following locations at the interim disposal site and Respondent failed to report the spills:

1) The frac tank located at the interim disposal site was overflowing with leachate. The leachate was then conveyed to the unnamed tributary of Rock Lick Creek via storm water conveyances.

2) The white tanker truck was leaking leachate and the ground beneath the truck was wet due to the constant release of leachate.

3) The manhole used to collect the seep was overflowing with leachate and the leachate was pouring onto the ground. The leachate percolated into the surrounding gravel and flowed down the side slope to the unnamed tributary of Rock Lick Creek.

f. Pursuant to 327 IAC 2-6.1-7, any person who operates, controls, or maintains any mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state, do the following:

1) Contain the spill, if possible, to prevent additional spilled material from entering the waters of the state.

2) Undertake or cause others to undertake activities needed to accomplish a spill response.

3) As soon as possible, but within two (2) hours of discovery, communicate a spill report to the Department of Environmental Management, Office of Land Quality, Emergency Response Section.

As noted during the inspection on November 25, 2014, IDEM staff observed a release of leachate from the following locations at the interim disposal site and Respondent failed to contain the spill, undertake activities to accomplish a spill response, and/or communicate a spill report to IDEM:

1) The frac tank located at the interim disposal site was overflowing with leachate. The leachate was then conveyed to the unnamed tributary of Rock Lick Creek via storm water conveyances.

2) The white tanker truck was leaking leachate and the ground beneath the truck was wet due to the constant release of leachate.

g. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspection on November 25, 2014, Respondent disposed of solid waste in a manner which creates a threat to human health or the environment. IDEM staff observed a release of leachate from the following locations at the interim disposal site:

1) The frac tank located at the interim disposal site was overflowing with leachate. The leachate was then conveyed to the unnamed tributary of Rock Lick Creek via storm water conveyances.

2) The white tanker truck was leaking leachate and the ground beneath the truck was wet due to the constant release of leachate.

h. Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminants or waste, including any noxious odor, either alone or in combination with contaminants from other sources into the environment in any form that causes or would cause pollution that violates or would violate 329 IAC 10-4-2.

As noted during the inspection on November 25, 2014, Respondent allowed contaminants to be discharged into the environment which caused pollution and violates 329 IAC 10-4-2. IDEM staff observed a release of leachate from the following locations at the interim disposal site:

1) The frac tank located at the interim disposal site was overflowing with leachate. The leachate was then conveyed to the unnamed tributary of Rock Lick Creek via storm water conveyances.

2) The white tanker truck was leaking leachate and the ground beneath the truck was wet due to the constant release of leachate.

i. Pursuant to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a place or manner that creates or would create a pollution hazard that violates or would violate 329 IAC 10-4-2.

As noted during the inspection on November 25, 2014, Respondent deposited contaminants upon the land in a manner which creates a pollution hazard and violates 329 IAC 10-4-2. IDEM staff observed a release of leachate from the following locations at the interim disposal site:

1) The frac tank located at the interim disposal site was overflowing with leachate. The leachate was then conveyed to the unnamed tributary of Rock Lick Creek via storm water conveyances.

2) The white tanker truck was leaking leachate and the ground beneath the truck was wet due to the constant release of leachate.

j. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

As noted during the inspection on November 25, 2014, Respondent deposited or caused and/or allowed the deposit of contaminants in a manner which has not been determined by the board to be acceptable. IDEM staff observed a release of leachate from the following locations at the interim disposal site:

1) The frac tank located at the interim disposal site was overflowing with leachate. The leachate was then conveyed to the unnamed tributary of Rock Lick Creek via storm water conveyances.

2) The white tanker truck was leaking leachate and the ground beneath the truck was wet due to the constant release of leachate.

7. On November 26, 2014, IDEM received correspondence from Respondent by e-mail stating that the frac tank was pumped and the water was hauled to the plant’s non-contact cooling water system. The sump pump was placed back into “AUTO” on November 26, 2014, and according to Respondent was functioning properly.

8. During an investigation including an inspection on March 12, 2015, conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Permit Condition D4, the permittee must not dispose of waste outside of the solid waste boundary.

As noted during the inspection on March 12, 2015, Respondent disposed of waste outside of the solid waste boundary. CKD waste was tracked outside of the solid waste boundary of the permitted restricted waste site. IDEM staff observed that CKD waste which had previously been noted at the November 25, 2014 inspection remained outside of the RWS solid waste boundary.

b. Pursuant to Permit Condition D15, the permittee must maintain the interim side slope cover of each lift to prevent migration of waste and leachate from the active area.

As noted during the inspection on March 12, 2015, CKD waste was tracked by heavy machinery that drove across the uncovered waste and down the side slope. IDEM staff observed two areas where there were ruts in the interim side slope cover. IDEM staff observed the ruts which had previously been noted at the November 25, 2014 inspection remained unrepaired in the interim side slope cover of the Restricted Waste Site.

c. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspection on March 12, 2015, Respondent disposed of solid waste in a manner which creates a threat to human health or the environment. IDEM staff observed a release of leachate from the manhole that collects leachate from a seep in the side slope of the interim disposal site. According to Mr. Quaas, the pump was no longer working and the unit that was providing power to the pumps also needed to be repaired. The leachate was discharging down the side slope and entering an unnamed tributary to Rock Lick Creek.

IDEM staff observed Lehigh staff pumping the leachate from the frac tank into the white tanker truck. Lehigh overfilled the white tanker truck, allowing leachate to spill onto the ground and discharge down the NPDES storm water outfall #007, which conveys discharges to the unnamed tributary of Rock Lick Creek. While transporting the leachate to the plant, additional leachate sloshed out of the white tanker truck, which did not have a lid, and spilled onto the ground.

d. Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminants or waste, including any noxious odor, either alone or in combination with contaminants from other sources into the environment in any form that causes or would cause pollution that violates or would violate 329 IAC 10-4-2.

As noted during the inspection on March 12, 2015, Respondent allowed contaminants to be discharged into the environment which caused pollution and violates 329 IAC 10-4-2. IDEM staff observed a release of leachate from the manhole that collects leachate from a seep in the side slope of the interim disposal site. According to Mr. Quaas, the pump was no longer working and the unit that was providing power to the pumps also needed to be repaired. The leachate was discharging down the side slope and entering an unnamed tributary to Rock Lick Creek.

e. Pursuant to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a place or manner that creates or would create a pollution hazard that violates or would violate 329 IAC 10-4-2.

As noted during the inspection on March 12, 2015, Respondent deposited contaminants upon the land in a manner which creates a pollution hazard and violates 329 IAC 10-4-2. IDEM staff observed a release of leachate from the manhole that collects leachate from a seep in the side slope of the interim disposal site. According to Mr. Quaas, the pump was no longer working and the unit that was providing power to the pumps also needed to be repaired. The leachate was discharging down the side slope and entering an unnamed tributary to Rock Lick Creek.

f. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

As noted during the inspection on March 12, 2015, Respondent deposited or caused and/or allowed the deposit of contaminants in a manner which has not been determined by the board to be acceptable. IDEM staff observed a release of leachate from the manhole that collects leachate from a seep in the side slope of the interim disposal site. According to Mr. Quaas, the pump was no longer working and the unit that was providing power to the pumps also needed to be repaired. The leachate was discharging down the side slope and entering an unnamed tributary to Rock Lick Creek.

g. Pursuant to 327 IAC 2-6.1-5(5), the following spills from a facility must be reported: any spill for which a spill response has not been done.

As noted during the inspection on March 12, 2015, IDEM staff observed a release of leachate from the manhole that collects leachate from a seep in the side slope of the interim disposal site. According to Mr. Quaas, the pump was no longer working and the unit that was providing power to the pumps also needed to be repaired. The leachate was discharging down the side slope and entering an unnamed tributary to Rock Lick Creek.

h. Pursuant to 327 IAC 2-6.1-7, any person who operates, controls, or maintains any mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state, do the following:

1) Contain the spill, if possible, to prevent additional spilled material from entering the waters of the state.

2) Undertake or cause others to undertake activities needed to accomplish a spill response.

3) As soon as possible, but within two (2) hours of discovery, communicate a spill report to the Department of Environmental Management, Office of Land Quality, Emergency Response Section.

9. On March 13, 2015, Andy Stinchfield of IDEM’s Emergency Response Section responded to the spill that was discovered during an inspection conducted on March 12, 2015. Respondent and IDEM staff reported the spill to the IDEM Spill Line. On March 13, 2015, the leachate release continued to overflow the collection manhole. The repairs to the collection system and pumps were not completed while the IDEM Emergency Responder was at the Site. On March 13, 2015, after the IDEM Emergency Responder left the Site, Scott Quaas of Lehigh Cement Company LLC e-mailed Andy Stinchfield and Megan Bolyard. Within the e-mail, Mr. Quaas stated the piping was completed and the pump is working and attached photos of the piping into the frac tank and a portion of the collection manhole.

10. During an investigation including an inspection on June 9, 2016 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

As noted during the inspection on June 9, 2016, Respondent disposed of solid waste in a manner which creates a threat to human health or the environment. IDEM staff observed releases of leachate from the seep collection system located at the Interim Disposal Site. The leachate was overflowing from the frac tank. The leachate that was released was coming in contact with the gravel surface surrounding the frac tank and discharging, through the rip-rap storm water culvert and channel, into an unnamed tributary to Rock Lick Creek. The side of the frac tank and ground surrounding the frac tank were stained white from the discharges. The pump hose leading from the frac tank into the pump used to pump leachate from the frac tank to the tanker truck was held together with duct tape and was leaking.

b. Pursuant to IC 13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminants or waste, including any noxious odor, either alone or in combination with contaminants from other sources into the environment in any form that causes or would cause pollution that violates or would violate 329 IAC 10-4-2.

As noted during the inspection on June 9, 2016, Respondent allowed contaminants to be discharged into the environment which caused pollution and violates 329 IAC 10-4-2. IDEM staff observed releases of leachate from the seep collection system located at the Interim Disposal Site. The leachate was overflowing from the frac tank. The leachate that was released was coming in contact with the gravel surface surrounding the frac tank and discharging, through the rip-rap storm water culvert and channel, into an unnamed tributary to Rock Lick Creek. The side of the frac tank and ground surrounding the frac tank were stained white from the discharges. The pump hose leading from the frac tank into the pump used to pump leachate from the frac tank to the tanker truck was held together with duct tape and was leaking.

c. Pursuant to IC 13-30-2-1(3), no person shall deposit any contaminants upon the land in a place or manner that creates or would create a pollution hazard that violates or would violate 329 IAC 10-4-2.

As noted during the inspection on June 9, 2016, Respondent deposited contaminants upon the land in a manner which creates a threat to human health or the environment. IDEM staff observed releases of leachate from the seep collection system located at the Interim Disposal Site. The leachate was overflowing from the frac tank. The leachate that was released was coming in contact with the gravel surface surrounding the frac tank and discharging, through the rip-rap storm water culvert and channel, into an unnamed tributary to Rock Lick Creek. The side of the frac tank and ground surrounding the frac tank were stained white from the discharges. The pump hose leading from the frac tank into the pump used to pump leachate from the frac tank to the tanker truck was held together with duct tape and was leaking.

d. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

As noted during the inspection on June 9, 2016, Respondent deposited or caused and/or allowed the deposit of contaminants in a manner which has not been determined by the board to be acceptable. IDEM staff observed releases of leachate from the seep collection system located at the Interim Disposal Site. The leachate was overflowing from the frac tank. The leachate that was released was coming in contact with the gravel surface surrounding the frac tank and discharging, through the rip-rap storm water culvert and channel, into an unnamed tributary to Rock Lick Creek. The side of the frac tank and ground surrounding the frac tank were stained white from the discharges. The pump hose leading from the frac tank into the pump used to pump leachate from the frac tank to the tanker truck was held together with duct tape and was leaking.

e. Pursuant to 327 IAC 2-6.1-5(5), the following spills from a facility must be reported: any spill for which a spill response has not been done.

As noted during the inspection on June 9, 2016, IDEM staff observed releases of leachate from the seep collection system located at the Interim Disposal Site and Respondent failed to report the spills. The leachate was overflowing from the frac tank. The leachate that was released was coming in contact with the gravel surface surrounding the frac tank and discharging, through the rip-rap storm water culvert and channel, into an unnamed tributary to Rock Lick Creek. The side of the frac tank and ground surrounding the frac tank were stained white from the discharges. The pump hose leading from the frac tank into the pump used to pump leachate from the frac tank to the tanker truck was held together with duct tape and was leaking.

1) Contain the spill, if possible, to prevent additional spilled material from entering the waters of the state.

2) Undertake or cause others to undertake activities needed to accomplish a spill Response.

3) As soon as possible, but within two (2) hours of discovery, communicate a spill report to the Department of Environmental Management, Office of Land Quality, Emergency Response Section.

As noted during the inspection on June 9, 2016, IDEM staff observed releases of leachate and failed to comply with the requirements of 327 IAC 2-6.1-5(5).

11. Respondent installed a new pump for pumping leachate from the frac tank to the white tanker truck on March 26, 2014.

12. On March 13, 2015, Respondent repaired the unit providing power to the Interim Disposal Site leachate manhole pump, as well as the piping.

13. Respondent repaired the leak in the white tanker truck by welding a metal patch to the bottom of the truck and the truck was returned it to service on October 20, 2015.

14. Respondent has removed the CKD waste from the side slope and the deposit on the perimeter road and placed them in the restricted waste site. This work was completed on or about July 2015.

15. Respondent has completed the following projects which required truck traffic on the landfill: (1) RWS berm liner extension project on or about June 2015; and (2) installation of the interim cover on the side slopes on or about April 2016.

16. Respondent submitted an application to IDEM for an NPDES Modification on or about July 10, 2015 to install a pH neutralization treatment system for the seep at its Interim Disposal Site and to discharge the treated waste water to Outfall 007 after treatment. The proposed system includes level alarms on a cell system for auto-dial at the sump and a flow meter to measure the discharge to Outfall 007. The proposed pH sampler will also be equipped with a cell system auto-dial alarm.

17. Respondent pumped down the leachate in the frac tank and stopped the release during the June 9, 2016 inspection.

18. Respondent submitted information to IDEM on July 1, 2016 documenting that a replacement hose for the frac tank to the portable pump was received and installed.

19. 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 Complainant’s delegate, and has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Within forty five (45) days of the Effective Date, Respondent shall submit to IDEM’s Solid Waste Permitting Section an Emergency Response Plan for the Interim Disposal Site that details actions to be taken when a spill occurs, including spill containment, cleanup, and disposal. Respondent shall request that the Emergency Response Plan be incorporated into its Interim Disposal Site Closure/Post Closure Plan.

3. Respondent shall implement the plan in the event of a spill at the Interim Disposal Site.

4. Within ninety (90) days of the Effective Date, Respondent shall install tank high level monitoring with a visual light and a cellular transmitter system for auto-dial alarms and real-time alert notifications on the seep sump and the frac tank at the Interim Disposal Site.

Upon the Effective Date and until Respondent installs the above-referenced alarms, Respondent shall submit to IDEM, copies of weekly inspections of the manhole that collects leachate from a seep located in the side slope of the Interim Disposal Site, the pump, and the frac tank that stores the leachate. Respondent’s inspection submittal is due within three (3) days of the date of the inspection.

5. Respondent shall within forty five (45) days of the Effective Date, install a new tank on the white tanker truck which allows the level of the liquid contained therein to be viewed from the outside of the tank, and which also includes a lid.

6. Respondent shall continue monitoring of the surface drainages and springs per the Groundwater Impact Investigation Plan dated September 4, 2013, IDEM’s Conditional Approval dated October 15, 2013, and Respondent’s Industrial On-Site Disposal Facility Sampling and Analysis Plan (SAP) dated May 1, 2014. The sampling from the leachate collection sump must include both the standard parameters and the additional parameters described in the SAP. Respondent shall submit the results of the sampling to IDEM on a semi-annual basis due within thirty (30) days of the end of the semi-annual sampling period. This provision of the Agreed Order shall remain in effect until IDEM issues a Closure/Post-Closure Plan Approval (Plan Approval) for Respondent’s Interim Disposal Site which includes an extension of the Groundwater Impact Investigation. However, this provision of the Agreed Order shall remain in effect if Respondent appeals the Ground Water Impact Investigation portion of the Plan Approval and the Groundwater Impact Investigation is stayed until either: (1) the stay of the Groundwater Impact Investigation is lifted; (2) the Ground Water Impact Investigation portion of the Plan Approval has been settled through entry of a Joint Stipulation of Stay of Effectiveness by IDEM and Respondent; or (3) the Groundwater Impact Investigation portion of the Plan Approval has been fully adjudicated.

7. All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Sherri Bass, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

8. Respondent is assessed and agrees to pay a civil penalty of Forty Thousand Dollars ($40,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the 30^th day being the “Due Date”.

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

Paragraph	Penalty
Order Paragraph #2	$100 per week late
Order Paragraph #4	$100 per week late
Order Paragraph #5	$100 per week late

10. Stipulated penalties shall be due and payable no later than the 30^th day after Respondent receives written notice that Complainant has determined a stipulated penalty is due; the 30^th day being the “Due Date”. Complainant may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a timely manner of stipulated penalty assessment shall not waive Complainant’s right to collect such stipulated penalty or preclude Complainant from seeking any additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude Complainant from seeking additional relief against Respondent for a violation of this Agreed Order; such additional relief includes any remedies or sanctions available pursuant to 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 Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management

Office of Legal Counsel

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204

12. In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance. Such interest shall be payable to the Environmental Management Fund, and shall be payable to IDEM in the manner specified in Paragraph 11, above.

13. This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns. Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party 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.

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

15. 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 is not and shall not be interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permits or any applicable Federal or State law or regulation.

17. Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation. Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

18. Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.

19. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the EPA or any other agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.

20. This Agreed Order shall remain in effect until Respondent complies with Order Paragraphs 2, 4, 5, 6, 8 and Order Paragraph 9 if stipulated penalties are assessed. IDEM will issue a Resolution of Case letter to Respondent thereafter.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management

By: _________________________				By: _________________________
	Nancy Johnston, Section Chief
	Enforcement Section			Printed: ______________________
Office of Land Quality
				Title: ________________________

Date: __________________				Date: _______________________






APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		_____	DAY OF	_______________________,	20__.

				For the Commissioner:

				Signed August 29, 2016
				Peggy Dorsey
				Deputy Assistant Commissioner
				Office of Land Quality