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. 2002-12249-H

)

INDIANA DUCTILE, LLC, )

)

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 (“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 Indiana Ductile, LLC ("Respondent"), which operates the company with U.S. EPA ID NO. INR 000 017 913, located at 1600 South 8^th Street in Noblesville, Hamilton County, Indiana (“Site”).

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, on March 8, 2003, IDEM issued a Notice of Violation via Certified Mail to:

Roger Mears, Owner

Indiana Ductile, LLC

1600 8^th Street

Noblesville, Indiana 46060

5. Respondent last notified the U.S. EPA of Small Quantity Generator activities on October 19, 1998. Respondent is a ductile iron foundry. The Site was formerly known as Noblesville Casting. Respondent purchased the equipment in December 2000 and began operations in January 2001. Respondent produces about 30 tons of ductile iron each day. Solid Wastes generated at the Site include isocure core waste, shell core waste, foundry sand, mold and core lumps, shakeout sludge, cleaning and grinding dust, shotblast tailings, ladle and furnace refractory, miscellaneous sweepings, furnace slag, and grinding swarf.

6. An inspection on June 4, 2002 was conducted at the Site by a representative of IDEM’s Office of Land Quality (“OLQ”). The following violations were in existence or observed at the time of this inspection:

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. Respondent caused the storage and disposal of solid waste in a manner which creates a threat to human health or the environment, by allowing foundry waste to be stored in piles on the facility grounds outside the foundry building. Many of the piles are separate waste streams and not commingled. Wastes are continually being added to the piles.

During a December 3, 2003 meeting between Respondent and IDEM, Respondent indicated that waste was no longer being added to the existing waste piles. This was confirmed by the IDEM inspector during a Thursday, March 11, 2004 re-inspection.

b. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited. Respondent created open dumps by allowing solid wastes generated from its operations to be deposited at its Site in unpermitted piles outside the foundry building. Many of the waste piles are separate waste streams and not commingled. Wastes are continually being added to the piles.

During a December 3, 2003 meeting between IDEM and Respondent, Respondent indicated that waste was no longer being added to the existing piles. This was confirmed by the IDEM inspector during a Thursday, March 11, 2004 re-inspection.

c. Pursuant to 329 IAC 10-4-4, the owner of real estate upon which an open dump is located is responsible for the following:

1) correcting and controlling any nuisance conditions that occur as a result of the open dump; and

2) eliminating any threat to human health or the environment.

Respondent did not correct, control, or eliminate any nuisance conditions or

threats resulting from open dumps at the Site, and continually adds more waste to the waste piles.

During a December 3, 2003 meeting between Respondent and IDEM, Respondent indicated that waste was no longer being added to the waste piles. This was confirmed by the IDEM inspector during a Thursday, March 11, 2004 re-inspection.

d. Pursuant to 329 IAC 10-11-1(a), unless excluded by 329 IAC 10-3-1 or 329 IAC 10-3-2, and except for activities related to open dumps under 329 IAC 10-4-4, and as otherwise provided in 329 IAC 10-5, any person who disposes of solid waste shall have a solid waste land disposal facility permit prior to construction and disposal. Respondent disposed of solid waste on-site outside the foundry building, but did not have a permit to do so.

e. Pursuant to IC 13-30-2-1(1), no person shall 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

in violation of 329 IAC 10-4-2. Respondent allowed waste into the environment in violation of 329 IAC 10-4-2 when it created and added to solid waste piles on the facility grounds outside the foundry building.

During a December 3, 2003 meeting between Respondent and IDEM, Respondent indicated that they have already begun removing waste from the site, and are no longer adding to the existing waste piles. This was confirmed by the IDEM inspector during a Thursday, March 11, 2004 re-inspection.

f. 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. Respondent created a pollution hazard when it dumped solid waste in numerous piles on the facility grounds outside the foundry building.

g. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board. Respondent allowed solid waste to be deposited upon the land in a manner not acceptable to the solid waste management board.

h. Pursuant to IC 13-30-2-1(5), no person shall dump or cause or allow the open dumping of garbage or any other solid waste in violation of 329 IAC 10-4-2. Respondent dumped solid waste in numerous piles on the facility grounds outside the foundry building.

6. On May 14, 2003 and December 3, 2003, the parties met to discuss the above allegations.

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

2. Upon the Effective Date of this Agreed Order, Respondent shall comply with IC 13-30-2-1(3), (4) and (5). Specifically, Respondent shall immediately cease all dumping at the Site.

3. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall remove and properly dispose a minimum of forty (40) cubic yards of foundry waste and other solid waste stored in piles outside the building. Respondent shall continue to remove and dispose of forty (40) cubic yards of foundry waste and other solid wastes stored in piles outside the building every thirty (30) days until all waste piles are removed from the site.

4. Within forty-five (45) days of the Effective Date of this Agreed Order, Respondent shall submit to IDEM documentation of proper disposal of foundry waste and other solid waste. Respondent shall submit documentation of proper disposal every forty-five (45) days until all foundry waste is removed from the Site. Documentation shall include receipts for disposal.

5. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Aubrey N. Sherif

Senior Environmental Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

6. Respondent is assessed a civil penalty of Three Hundred Fifty Dollars ($350.00). This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay. 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.

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

Violation Penalty

Failure to comply with Order paragraph 3 $500 per week

Failure to comply with Order paragraph 4 $500 per week

8. Stipulated penalties shall be due and payable within thirty (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 any of the stipulated penalties 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.

9. 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:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

10. In the event that the civil penalty required by Order paragraph 6 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.

11. 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.

12. 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.

13. 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.

14. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

By: __________________________ By: ________________________

Nancy L. Johnston, Chief

Office of Enforcement Printed: __________________

Title: ________________________

Date: __________________________ 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 August 27, 2004

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs