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

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,                )
                            )
            v.                )    CAUSE NO. A-4089
                            )
ALCOA CLOSURE SYSTEMS )
INTERNATIONAL, INC.,                )
                            )
        Respondent.                )

    2.    Respondent is Alcoa Closure Systems International, Inc. (hereinafter referred to as "Respondent"), who in 1996 owned and operated an aluminum sheet coating operation at 1701 Williamsburg Pike, Richmond, Indiana.

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

    4.    Respondent waives its right to a Notice of Violation and to the settlement period of sixty (60) days as provided for by IC 13-30-3-3.

    5.    Rule 326 IAC 2-6-3 requires that the owner or operator of any facility in Clark, Elkhart, Floyd, Lake, Marion, Porter, St. Joseph or Vanderburgh County with the potential to emit volatile organic compounds (VOC) or oxides of nitrogen (NOx) at levels greater than ten (10) tons per year or any source with the potential to emit carbon monoxide (CO), volatile organic compounds (VOC), oxides of nitrogen (NOx), particulate matter (PM10), or sulfur dioxide (SO2) at levels greater than one hundred (100) tons per year or the potential to emit lead at levels equal to or greater than five (5) tons per year must annually submit an emission statement to the Commissioner.

    6.    The Respondent operates in Wayne County and has the potential to emit one or more pollutants in excess of the above listed applicability thresholds and as a result, is required to submit annual emission statements for the prior calendar year by July 1 each year.

    7.    The Respondent failed to submit the required emission statement for 1996 by July 1, 1997, a violation of 326 IAC 2-6-3.

    8.    The Respondent submitted the 1996 emission statement to IDEM in March, 1998.

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

    2.    In the event that upon review of the annual emission statement, additional permit fees are due, the Respondent shall pay said additional permit fees within thirty (30) days after notification by IDEM that additional fee payment is required.

    3.    Respondent is assessed a civil penalty of Two Thousand Dollars ($2,000). 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.

    4.    The civil and penalty is payable by check to the Environmental Management Special Fund. The check 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

    5.    In the event that the civil penalty required by paragraph 3 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.

    6.    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.

    7.    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.

    8.    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.

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

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 ____________________, 199___.

                            
                            For the Commissioner:
                            

                            Signed on 04/07/98
                            David J. Hensel
                            Director
                            Office of Enforcement

Converted by Andrew Scriven