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. 2003-13163-A

)

METRO REAL ESTATE, INC. )

)

Respondent. )

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. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this 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 Metro Real Estate, Inc., who owns the Blue Lake Campground which is located at 5453 North Blue Lake Road in Churubusco, Whitley 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 December 31, 2003, IDEM issued a Notice of Violation via Certified Mail to:

John E. Williams Jr., Incorporator Brian A. Schaper, Registered Agent

Metro Real Estate, Inc. Metro Real Estate, Inc.

323 West Berry Street 2042 Broadway

Ft. Wayne, Indiana 46802 Ft. Wayne, Indiana 46802

5. An inspection, on April 10, 2003, was conducted at the Site by a representative of IDEM's Office of Air Quality (OAQ). The following violation was in existence or observed at the time of this inspection:

a. Pursuant to 326 IAC 4-1-2, open burning is prohibited unless exempted by rule or an approval is obtained. On March 29, 2003, the open burning of twelve (12) mobile homes was observed at the aforementioned address, a violation of 326 IAC 4-1-2.

6 The open burning observed was not exempted nor was a variance obtained by IDEM.

.

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 all applicable requirements of 326 IAC 4-1.

3. Respondent shall cease and desist all open burning and shall dispose of all wood waste, refuse, and debris in a legal manner.

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

Mrs. Amy Moreland, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

5. Respondent is assessed a civil penalty of Two Thousand Two Hundred Dollars ($2,200). 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.

6. Civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Case Number (2003-13163-A) of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

7. In the event that the civil penalty required by Order paragraph 5, 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.

8. 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.

9. 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.

10. 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.

11. This Agreed Order shall remain in effect until Respondent complies with all applicable requirements of this Agreed Order.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Metro Real Estate, Inc.

By: By:

David P. McIver

Chief, Air Section Printed:

Office of Enforcement

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 , 2004.

For the Commissioner:

signed September 16, 2004

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs