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. 2001-10725-A

)

MULZER CRUSHED STONE, INC. )

CAPE SANDY FACILITY )

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.

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 Mulzer Crushed Stone, Inc. - Cape Sandy Facility (ARespondent@), which is a quarry located in Leavenworth, Crawford County, Indiana (ASite@).

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

James Mulzer, President Kenneth D. Mulzer, Registered Agent

Mulzer Crushed Stone Inc. Mulzer Crushed Stone Inc.

77 Lehman Drive Box 365 Xmas Lake

Tell City, Indiana 47586 Santa Claus, Indiana 47579

• A records review, on July 2, 2001, was conducted by a representative of IDEM's Office of Air Quality (OAQ). The following violation was in existence or observed at the time of this:

A. Pursuant to permit condition C.17 of Title V, permit 025-7484-00002, the permitee shall submit an annual emission statement certified pursuant to the requirements of 326 IAC 2-6, that must be received by July 1 of each year and must comply with the minimum requirements specified in 326 IAC 2-6-4. The annual emission statement shall meet requirements stated under permit condition. This facility/source failed to submit an emission statement for 2000 by July 1, 2001, a violation of the aforementioned permit condition

• IDEM received the 2000 emission statement on September 28^th, 2001.

7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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. Respondent shall comply with permit condition C.17 of Title V, permit 025-7484-00002.

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

Amy L. Moreland, 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 One Thousand Two Hundred Dollars ($1,200). 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.

5. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number (2001-10725-A) 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, 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 the civil penalty is paid in full.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Mulzer Crushed Stone Inc.

By: By:

David P. McIver

Chief, Air Enforcement Section Printed:

Office of Enforcement

Title:

Date: Date:

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: By:

Jay Rodia

Office of Legal Counsel

Department of Environmental Management

Date: Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2002.

For the Commissioner:

Signed 4/3/02

Felicia A. Robinson

Deputy Commissioner

For Legal Affairs