STATE OF INDIANA		)		BEFORE THE INDIANA DEPARTMENT
		)	SS:	OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION		)
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
	Complainant				)
					)
	v.				)	Case Nos.	2000-8874-S and
					)		2000-8907-W
INTERNATIONAL PAPER COMPANY F.K.A					)
WESTON PAPER AND MANUFACTURING					)
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. 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. The Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which the Respondent may have in any future administrative or judicial proceeding.

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 International Paper Company f.k.a. Weston Paper and Manufacturing Company ("Respondent"), who is a company doing business at 2401 Prairieton Road, Terre Haute, Vigo County, Indiana.

3. Weston Paper and Manufacturing Company was issued National Pollutant Discharge Elimination System (NPDES) Permit No. IN0003026 (“the Permit”) on November 28, 1990, with an effective date of January 1, 1991 and an expiration date of October 31, 1995. Weston Paper and Manufacturing Company submitted an NPDES renewal application to IDEM on April 21, 1995, 180 days prior to the permit expiration date as required.

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

5. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

John T. Dillon, President	CT Corporation System, R.A.
International Paper Company	One North Capital
Two Manhattanville Road	Indianapolis, Indiana 46204
Purchase, New York 10577

6. Based on investigations by designated representatives of the Indiana Department of Environmental Management (IDEM), the Respondent was found in violation of the following environmental statutes, rules, and permit:

I. Count I, Case No. 2000-8874-S

The violations documented under Count I, Case No. 2000-8874-S, were found during a spill investigation conducted between January 11 and January 31, 2000.

A. Pursuant to 327 IAC 6.1-1-3(b), a land application permit is required for the disposal in Indiana of pollutant-bearing water by application upon or incorporation into the soil. This violation is based on the fact that the Respondent land applied industrial process wastewater (spent pulping liquor), which is considered pollutant bearing water, without a land application permit.

B. Pursuant to 327 IAC 6.1-7-1(b), any application of industrial process wastewater to the land is prohibited unless a valid site-specific land application permit in accordance with 327 IAC 6.1-1-3(b) has been obtained. This violation is based on the fact that the Respondent land applied industrial process wastewater (spent pulping liquor) without a land application permit.

C. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge is prohibited, unless in conformity with a NPDES Permit obtained prior to the discharge. This violation is based on the fact that the Respondent had an unpermitted discharge of spent pulping liquor into the Wabash River due to a spill that occurred on January 11, 2000.

D. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices or other discharges that will settle to form putrescent or otherwise objectionable deposits, that are in amounts sufficient to be unsightly or deleterious, that produce color, odor or other conditions in such degree as to create a nuisance. This violation is based on the fact that the Respondent discharged spent pulping liquor into the Wabash River due to a spill that occurred on January 11, 2000.

E. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of this state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters, any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under Sections 1 and 3 of this chapter. This violation is based on the fact that the Respondent discharged spent pulping liquor into the environment in violation of rules adopted by the boards.

F. Pursuant to IC 13-30-2-1(1), no person may discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violations or which would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws. This violation is based on the fact that the Respondent discharged spent pulping liquor into the environment in violation of rules adopted by the boards.

G. Pursuant to IC 13-30-2-1(3), no person may deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one (1) of the boards. This violation is based on the fact that the Respondent land applied spent pulping liquor, a contaminant, in violation of rules adopted by the boards.

II Count II, Case No. 2000-8907-W

A. Pursuant to the Permit, the discharge shall not cause excessive foam in the receiving waters. The discharge shall be essentially free of floating and settleable solids (Part I.A.1 and I.A.2[4]b). The Permit was violated in that excessive foam has been observed in the receiving waters as a result of Respondent’s discharge on several occasions.

B. Pursuant to 327 IAC 5-2-8(1), the permittee shall comply with all terms and conditions of its NPDES permit; any permit non-compliance constitutes a violation of the Clean Water Act (CWA) and the Environmental Management Act (EMA) and is grounds for enforcement action. The Permit was violated in that excessive foam has been observed in the receiving waters as a result of Respondent’s discharge on several occasions.

C. Pursuant to 327 IAC 2-1-6(a)(1), all surface waters at all times and at all places including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices or other discharges that will settle to form putrescent or otherwise objectionable deposits, that are in amounts sufficient to be unsightly or deleterious, that produce color, odor or other conditions in such degree as to create a nuisance. This violation is based on the fact that the discharge from the Respondent’s facility (Outfall 001) has produced color and foam in the receiving water on an ongoing basis.

D. Pursuant to IC 13-30-2-1(1), no person may discharge, emit, cause, allow or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violates or which would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws. This violation is based on the following: the discharge from the Respondent’s facility (Outfall 001) has produced color and foam in the receiving water on an ongoing basis in violation of rules and discharge requirements; and construction of a portion of the wastewater treatment facility in a flood plain creates the threat of the release of pollutants from the wastewater treatment facility to the Wabash River which the river level rises, which would violate rules, standards, or discharge requirements.

E. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of this state, or to cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters, any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under Sections 1 and 3 of this chapter. This violation is based on the fact that the discharge from the Respondent’s facility (Outfall 001) has produced color and foam in the receiving water on an ongoing basis, in violation of rules and discharge requirements.

7. On or about March 19, 2001, the Respondent submitted to IDEM a Site investigation Plan (Project No. 43958.01, dated March 14, 2001) for the former land application area. This Plan was prepared for the Respondent by Earth Tech.

8. On March 28, 2001, IDEM issued correspondence to the Respondent approving the above mentioned Site Investigation Plan to delineate the extent of any contamination which may be present in the former land application area.

9. Respondent has developed a plan, described in an Engineering Report dated February 2001 by Earth Tech (Project No. 42129) and submitted to IDEM on February 27, 2001, consisting of installation of an effluent diffuser, for ensuring that the effluent from Outfall 001 is in compliance with the narrative limitations set forth in 327 IAC 2-1-6(a) and Part I.A.2[4]b of the Permit. Additionally, the Respondent has developed a plan, also described in the above referenced Engineering Report, consisting of elevation of the dikes of the Respondent’s wastewater treatment basins, for eliminating the threat to pollute associated with the location of the wastewater treatment facility in a flood plain. The above referenced plans have been approved by IDEM and incorporated into Order Paragraph 3 below.

10. Respondent implemented the approved Site Investigation Plan during April and May 2001. The Site Investigation Plan was implemented for the Respondent by SECOR International Incorporated.

11. Respondent submitted a Site Investigation Report (Project No. 022.11306.002, dated August 27, 2001) to IDEM on or about August 27, 2001. The Site Investigation Report was prepared for the Respondent by SECOR International Incorporated.

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

2. Count I, Case 2000-8874-S, Order Conditions:

A. Respondent shall, within 120 days of the Effective Date of this Agreed Order, excavate all visibly contaminated soil identified in spray field A and soil six inches beyond and below the visibly contaminated soil, and properly dispose of the excavated soil.

B. Respondent shall, within 160 days of the Effective Date of this Agreed Order, properly vegetate the areas impacted by the excavation required pursuant to Order Condition 2A above.

C. Respondent shall, within 190 days of the Effective Date of this Agreed Order, submit a report to IDEM detailing the excavation and disposal of the soil and the vegetation of the impacted areas. This report must include, but not be limited to:

1. Quantity of soil excavated and disposed;

2. Location(s) of soil disposal;

3. Disposal receipts;

4. Map indicating locations on the former land application area where visibly contaminated soils were located and excavated; and

5. Description of the vegetation activities conducted.

D. Respondent shall permit an agent(s) of IDEM to view and inspect the excavation activities performed pursuant to Order Condition 2A above. In order to facilitate such an inspection, the Respondent shall notify IDEM at least five days prior to any scheduled excavation activities.

E. Respondent shall not perform any land application activities on any properties unless those activities are properly permitted under 327 IAC 6.1 and conform to all conditions contained in a permit issued under 327 IAC 6.1.

3. Count II, Case 2000-8907-W, Order Conditions:

A. The Respondent shall comply with the plan for ensuring that the effluent from Outfall 001 is in compliance with the narrative limitations set forth in 327 IAC 2-1-6(a) and Part I.A.2[4]b of the Permit, as described in Finding of Fact Paragraph 9, pursuant to the following schedule:

Activity	Completion Date
Submit additional information (if requested by IDEM) regarding Respondent’s effluent diffuser modeling study	Within the timeframe specified by IDEM
Prepare design drawings and specifications of diffuser	Within 4 months of receiving approval from IDEM of the Respondent’s effluent diffuser modeling study
Obtain funding approval	Within 6 months of receiving approval from IDEM of the Respondent’s effluent diffuser modeling study
Submit complete and sufficient applications for all necessary permits	Within 6 months of receiving approval from IDEM of the Respondent’s effluent diffuser modeling study
Prepare contractor bid package	Within 2 months of obtaining all necessary permits
Review and award bid	Within 3 months of obtaining all necessary permits
Purchase major equipment	Within 4 months of obtaining all necessary permits
Initiate construction	Within 4 months of obtaining all necessary permits
Complete construction	Within 11 months of obtaining all necessary permits
Commence operations	Within 12 months of obtaining all necessary permits

B. In the event that the Respondent is unable to proceed with the plan and schedule identified in Order Condition 3A above because IDEM denies the Respondent’s effluent diffuser modeling study or the Respondent is denied one or more of the necessary permits, the Respondent shall, within 60 days of final disposition of any appeal regarding installation of the effluent diffuser, develop and submit to IDEM an alternate plan which identifies the actions Respondent will take to ensure that the effluent at Outfall 001 is in compliance with the narrative limitations set forth in 327 IAC 2-1-6(a) and Part I.A.2[4]b of the Permit. The alternate plan shall include an implementation and completion schedule, including specific milestone dates. The alternate plan shall be subject to the approval of IDEM, in accordance with Order Condition 3G below. The approved alternate plan shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof. The Respondent, upon receipt of written notification from IDEM of approval of the alternate plan, shall immediately implement the approved alternate plan and adhere to the milestone dates contained therein.

C. Upon completion of the plan identified in Order Condition 3A above or the alternate plan required and approved pursuant to Order Condition 3B above, the Respondent shall, within 12 months of the completion date (“Performance Period”), demonstrate 6 consecutive months of continuous compliance (“Compliance Demonstration”) with the narrative limitations set forth in 327 IAC 2-1-6(a) and Part I.A.2[4]b of the Permit. The determination as to whether the Respondent has complied with the narrative limitations shall be based on the visual inspections conducted by the Respondent in accordance with Order Condition 3.C.1 and inspections or investigations by IDEM representatives conducted during the Performance Period.

1. During the Performance Period, the Respondent shall conduct visual inspections of Outfall 001 and the Wabash River, once per day, seven days per week, unless the Respondent documents that the visual inspection cannot be performed due to safety concerns (e.g. adverse weather conditions). For each visual inspection conducted, the Respondent shall record the date and time of visual inspection, the specific location(s) of visual inspection, the name of the individual conducting the visual inspection, and the appearance of the effluent and the receiving waters, specifically noting the following: any foam, color, visible film or sheen, floatable or settleable solids, unsightly or deleterious condition, or odor. The Respondent shall retain the records of its visual inspections and shall allow IDEM representatives to inspect and copy these records upon request. The Respondent shall submit a report summarizing the results of its visual inspections to IDEM within 45 days of the earlier of the Respondent becoming aware that the Compliance Demonstration cannot be achieved or the completion of the Performance Period.

2. In the event that the Respondent fails to achieve the Compliance Demonstration, Respondent shall within 45 days of becoming aware that the Compliance Demonstration cannot be achieved, develop and submit to IDEM a plan (“action plan”) which identifies the actions Respondent will take to ensure that the effluent at Outfall 001 is in compliance with the narrative limitations set forth in 327 IAC 2-1-6(a) and Part I.A.2[4]b of the Permit. The action plan shall include the implementation and completion schedule(s), including specific milestone dates. The action plan shall be subject to the approval of IDEM, in accordance with Order Condition 3G below. The approved plan shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof. The Respondent, upon receipt of written notification from IDEM of approval of the plan, shall immediately implement the approved plan and adhere to the milestone dates contained therein.

D. The Respondent shall comply with the plan for eliminating the threat to pollute associated with the location of its wastewater treatment facility in a floodplain, as described in Finding of Fact Paragraph 9, in accordance with the following schedule:

Activity	Completion Date
Prepare design drawings and Specifications for raising the levees to the 25 year flood plain level.	Within 4 months of the Effective Date
Obtain funding approval	Within 6 months of the Effective Date
Submit complete and sufficient applications for all necessary permits	Within 6 months of the Effective Date
Prepare contractor bid package	Within 1 month of obtaining all necessary permits
Review and award bid	Within 2 months of obtaining all necessary permits
Initiate construction	Within 5 months of obtaining all necessary permits
Complete construction	Within 12 months of obtaining all necessary permits

E. In the event that the Respondent is unable to proceed with the plan and schedule identified in Order Condition 3D above because the Respondent is denied one or more of the necessary permits, the Respondent shall, within 60 days of the denial, develop and submit to IDEM an alternate plan which identifies the actions Respondent will take to eliminate the threat to pollute associated with the location of its wastewater treatment facility in a floodplain. The alternate plan shall include an implementation and completion schedule, including specific milestone dates. The alternate plan shall be subject to the approval of IDEM, in accordance with Order Condition 3G below. The approved alternate plan shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof. The Respondent, upon receipt of written notification from IDEM of approval of the alternate plan, shall immediately implement the approved alternate plan and adhere to the milestone dates contained therein.

F. Upon completion of the plan identified in Order Condition 3D above or the alternate plan required and approved pursuant to Order Conditon 3E above, the Respondent shall, for 12 months following the completion date (“Performance Period”), conduct visual inspections on a daily basis to ensure the effectiveness of the plan and shall document its visual inspections by recording the date and time of visual inspection, precipitation amounts, if any, the specific location(s) of visual inspection, the name of the individual conducting the inspection, and the appearance of the effluent and the receiving waters, specifically noting the following: level of the Wabash River and impact of the river level on the Respondent’s wastewater treatment plant. The Respondent shall retain copies of the documentation of its visual inspections and shall allow IDEM representatives to inspect and copy these records upon request. The Respondent shall submit a report summarizing the results of its visual inspections to IDEM within 30 days of the completion of the Performance Period.

G. The plans required pursuant to Order Conditions 3B, 3.C.2, and 3E above shall be subject to the approval of IDEM. In the event that IDEM deems a plan to be deficient, the Respondent shall, upon receiving notice from IDEM of such deficiency(s), modify and/or supplement the plan as necessary to correct the noted deficiency(s), and re-submit the plan to IDEM, within the timeframe provided by IDEM. If after three re-submittals of the plan IDEM continues to find the plan to be deficient, IDEM may, at its discretion, seek any remedy or sanction available by virtue of Respondent's violation of the narrative limitations set forth in 327 IAC 2-1-6(a) and Part I.A.2[4]b of the Permit and/or the threat to pollute associated with the location of the Respondent's wastewater treatment facility in a floodplain. The inability of IDEM and Respondent to agree on a plan herein shall not be a violation of this Agreed Order, except where IDEM’s disapproval of a plan is due to a material defect in the plan that indicates a bad faith lack of effort on the part of the Respondent to submit an approvable plan.

4. General Order Conditions:

A. Respondent shall maintain compliance with applicable laws and regulations.

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

Ms. Christina Sorensen, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, Indiana 46206-6015

C. Respondent is assessed a civil penalty of Thirty-Eight Thousand Eight Hundred Twenty-three Dollars ($38,823). 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.

D. 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:

Order Condition	Violation	Penalty
Order Condition 2A	Failure to excavate all visibly contaminated soil and soil six inches beyond and below the visibly contaminated soil, and properly dispose of the excavated soil identified pursuant to Order Condition 2A within the specified timeframe	$1000 per week late
Order Condition 2B	Failure to properly vegetate the areas impacted by the excavation required pursuant to Order Condition 2B within the specified timeframe	$1000 per week late
Order Condition 2C	Failure to submit a report containing the required information within the specified timeframe	$500 per week late
Order Condition 2D	Failure to permit an agent of IDEM to view and inspect the excavation activities performed pursuant to Order Condition 2B or failure to notify IDEM at least five days prior to any scheduled excavation activities	$1000 per incident
Order Condition 2E	Performing any land application activity without a permit issued under 327 IAC 6.1 or failing to conform to all conditions contained in a permit issued under 327 IAC 6.1	$1000 per day per violation
Order Condition 3A	Failure to comply with any completion date	$1000 per week late
Order Condition 3B	Failure to timely submit alternate plan, if required	$1000 per week late
Order Condition 3B	Failure to comply with any completion date in approved alternate plan	$1000 per week late
Order Condition 3C	Failure to monitor as required	$1000 per event
Order Condition 3C	Failure to submit report summarizing results of visual inspections	$1000 per week late
Order Condition 3C	Failure to timely submit action plan, if required	$1000 per week late
Order Condition 3C	Failure to comply with any completion date in approved action plan	$1000 per week late
Order Condition 3D	Failure to comply with any completion date	$1000 per week late
Order Condition 3E	Failure to timely submit alternate plan, if required	$1000 per week late
Order Condition 3E	Failure to comply with any completion date in approved alternate plan	$1000 per week late
Order Condition 3F	Failure to monitor as required	$1000 per event
Order Condition 3F	Failure to submit report summarizing results of visual inspections	$1000 per week late
Order Condition 3G	Failure to timely modify and re-submit any plan to IDEM, if required	$1000 per week late

E. Stipulated penalties shall be due and payable within 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 assessment of any of the stipulated penalty 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.

F. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Numbers of this action and shall be mailed to:

Cashier

IDEM

100 North Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46207-7060

G. In the event that the civil penalty required by Order Condition 4C is not paid within 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.

H. “Force Majeure”, for purposes of this Agreed Order, is defined as any event arising from causes totally beyond the control and without fault of the Respondent that delays or prevents the performance of any obligation under this Agreed Order despite the Respondent’s best efforts to fulfill the obligation. The requirement that the 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 changed business or economic conditions, financial inability to complete the work required by this Agreed Order, or increases in costs to perform the work..

The Respondent shall notify IDEM by calling the case manager within three calendar days and by writing no later than seven calendar days after it has knowledge of any event which the 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 the Respondent to minimize the delay, and the timetable by which these measures will be implemented. The Respondent shall include with any notice all available documentation supporting its claim that the delay was attributable to a force majeure. Failure to comply with the above requirements shall preclude the Respondent from asserting any claim of force majeure for that event. The 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.

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 directly attributable to the event constituting the force majeure.

I. 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.

J. 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 the Agreed Order did not contain the invalid terms.

K. 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.

L. This Agreed Order shall not in any way relieve Respondent of its obligation to comply with the requirements of any permit issued to the Respondent by the Complainant or any applicable federal or state law or regulation.

M. This Agreed Order shall not preclude the Complainant from seeking any remedy or sanction available by virtue of Respondent’s violation of any requirement of any permit issued to the Respondent by the Complainant or any applicable federal or state law or regulation.

N. The Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the Respondent's compliance with any aspect of this Agreed Order will result in compliance with or serve as justification for noncompliance with any permits issued to the Respondent by the Complainant or any applicable provisions of federal or state law or regulation.

O. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order and IDEM issues a close-out letter to the Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management				International Paper Company
By:	______________________________			By:		______________________________
	Paul Higginbotham, Chief			Printed:		______________________________
	Solid Waste – UST Section			Title:		_____________________________
	Office of Enforcement
Date:	_______________________________			Date:		______________________________
By:	_______________________________
	Mark Stanifer, Chief
	Water Section
	Office of Enforcement
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 _______________, 2004.

For the Commissioner:

Signed 11/10/04

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs