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. 2000-9147-A

)

MONSANTO GLOBAL SEED 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 (hereinafter referred to as "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 Monsanto Global Seed company (hereinafter referred to as "Respondent"), who owns and operates a soyabean and corn seed operating plant at 908 North Independence located in Windfall, Indiana.



3. 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, IDEM issued a Notice of Violation via Certified Mail to:

Mr. Kirk Hockney, Director Corporations Service Company

Monsanto Global Seed Company Registered Agent

31000 Sycamore Road 700 South 2nd Street

Dekalb, IL 60115 Springfield, IL 62707



5. Pursuant to 326 IAC 2-7-3, no Part 70 source may operate after the time that it is required to submit a timely and complete application. Respondent continued to operate the plant following the December 13, 1996 Part 70 permit submission deadline and prior to applying for and receiving a Part 70 permit, a violation of 326 IAC 2-7-3.



6. Pursuant to 326 IAC 2-7-4, the owner of each Part 70 source shall submit a timely and complete permit application. This source's Part 70 permit application was received on July 26, 1999, after the December 13, 1996 submission deadline, a violation of 326 IAC 2-7-4.



7. 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 Federally Enforceable State Operating Permit number F159-11180-00010, issued on January 25, 2000.



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



Mr. Michael Stonik, 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 Six Thousand Nine Hundred and Fifty Dollars ($26,950.00). 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 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 of this Agreed Order 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 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.



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 for a period of two (2) years of the Effective Date of this Agreed Order.







TECHNICAL RECOMMENDATION: MONSANTO GLOBAL SEED

Department of Environmental Management COMPANY:





By: _________________________ By: _________________________

David P. McIver

Air Section Chief

Office of Enforcement Printed: ______________________

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 ____________________, 2000.



For the Commissioner:

Signed on August 17, 2000

___________________________

Felicia A. Robinson

Assistant Commissioner

of Enforcement