STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	CASE NO. 2004-13788-S
					)
DONNIE RODGERS					)
D/B/A rOCK SOLID SEWER AND SEPTIC					)
					)
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.

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.

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 Donnie Rodgers d/b/a Rock Solid Sewer and Septic (hereinafter referred to as "Respondent"), who owns and operates a septage hauling operation located in New Whiteland, Johnson County, 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:

Donnie Rodgers

d/b/a Rock Solid Sewer & Septic

1121 Ashland Ave

New Whiteland, IN 46184

5. A designated representative of IDEM conducted an investigation on December 18, 2003.

6. Based on information gathered by IDEM during the above noted investigation, the Respondent has been found in violation of:

Pursuant to 327 IAC 7.1-3-1(1)(A), any person engaging in wastewater management shall possess a valid license for any vehicle used for wastewater management activities.

The Respondent engaged in wastewater management activities at Camp Atterbury in Edinburgh, Johnson County, IN ("the Site") using an unlicensed vehicle.

7. The vehicle was licensed March 4, 2004, # 41-101.

8. 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 is assessed a civil penalty of One Thousand Two Hundred Dollars ($1,200.00). The civil penalty shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

3. Civil penalties are payable by check to the Environmental Management Special Fund. The check shall include case number 2004 – 13788 - S and shall be mailed to:

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50-10C

100 N. Senate Avenue

Indianapolis, IN 46204-2251

4. In the event that the civil penalty required by Order Condition # 2 is not paid within 30 days of the Effective Date of this Agreed Order, the 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.

5. This Agreed Order shall apply to and be binding upon the Respondent, it’s 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.

6. In the event that any terms of this 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.

7. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

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

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Donnie Rodgers d/b/a Rock Solid Sewer & Septic
By: _________________________			By: Donnie Rogers
	Paul Higginbotham, Chief
	Solid Waste/UST Section		Printed: ______________________
Office of Enforcement
			Title: ________________________
Date: __10/25/05________________			Date: __11/10/05_
COUNSEL FOR COMPLAINANT:			COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: __11/21/05____________			By: ________________________
	Nicole L. Sipe
	Office of Legal Counsel
Date: _______________________			Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 200	.
			For The Commissioner:
			Signed on November 22, 2005
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement