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. 2004-13858-S
				)
JACK CREAMER,				)
				)
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 Jack Creamer (“Respondent”), who owns the property located at 142 East 300 North, in Williamsport, Warren 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 June 1, 2004 IDEM issued a Notice of Violation via Certified Mail to:

Jack Creamer, President

3543 West 12^th Street

Indianapolis, Indiana 46222

5. An inspection on December 9, 2003, 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 326 IAC 4-1-2, open burning is prohibited unless exempted by rule or an approval is obtained, a violation of 326 IAC 4-1-2. The Respondent caused and/or allowed the open burning of solid waste at the site, a violation of 326 IAC 4-1-2.

B. 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 and/or allowed tires, a solid waste, to be stored, contained, processed or disposed at the Site in a manner which creates a threat to human health or the environment.

C. 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.

The Respondent caused and/or allowed tires, a solid waste, to be open dumped at the Site.

D. Pursuant to 329 IAC 15-3-2, the owner or operator of a waste tire storage site shall possess a valid certificate of registration issued under the rule, comply with all applicable requirements if this rule and maintain financial assurance as required by 329 IAC 15-5.

The Respondent did not have a waste tire storage site registration for this site.

E. Pursuant to IC 13-30-2-1(3), a person may not deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one (1) of the boards.

Respondent caused and/or allowed tires, a contaminant, to be deposited at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, thus violating IC 13-30-2-1(3).

F. Pursuant to IC 13-30-2-1(4), a person may not 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, or another method acceptable to the solid waste management board.

The Respondent caused and/or allowed tires, a contaminant or solid waste, to be deposited at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, thus violating IC 13-30-2-1(4).

G. Pursuant to IC 13-30-2-1(5), a person may not dump, cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board.

The Respondent caused and/or allowed tires, a contaminant, to be open dumped at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, thus violating IC 13-30-2-1(5).

H. Pursuant to IC 13-30-2-1(8), a person may not conduct any salvage operation or open dump by open burning or burn, cause, or allow the burning of any solid waste in a manner that violates either the air pollution control laws or the rules adopted by the air pollution control board.

The Respondent caused and/or allowed the open burning of tires, a solid waste, at the Site, in violation of 326 IAC 4-1-2, this violating IC 13-30-2-1 (8).

6. An inspection on February 8, 2006, was conducted at the Site by a representative of IDEM’s Office of Land Quality (“OLQ”). The Site was found to be in compliance with the rule citations listed above.

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 his 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 326 IAC 4-1-2, 329 IAC 10-4-2, 329 IAC 10-4-3, 329 IAC 15-3-2, IC 13-30-2-1 (3), IC 13-30-2-1(4), IC 13-30-2-1 (5), and IC 13-30-2-1 (8).

3. Complainant does not, by its approval of this Agreed Order, warrant in any manner that Jack Creamer compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation. Additionally, IDEM, or anyone acting on its behalf, shall not be held liable for any costs or penalties Respondent may incur as a result of his efforts to comply with this Agreed Order.

4. This Agreed Order shall apply to and be binding upon the Respondent, his 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.

5. 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.

6. 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.

7. This Agreed Order addresses only those violations expressly described in Finding of Fact No. 5, and, except for claims described in Finding of Fact No. 5, does not preclude any other local, state or Federal Agency from bringing any additional action against Respondent.

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

TECHNICAL RECOMMENDATION:				RESPONDENT
Department of Environmental Management				Jack Creamer
By:	____________________			By:		Jack Creamer ______
	Paul Higginbotham, Chief
	Solid Waste/UST Section			Printed:		_____________________
	Office of Enforcement
Date:	_____________________			Date:		____________________
COUNSEL FOR COMPLAINANT:				COUNSEL FOR RESPONDENT:
Department of Environmental Management				Bose McKinney & Evans, LLP
By:	___________________			By:		__________________
	Office of Legal Counsel
Date:	___________________			Date:		__________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		____	DAY OF		___ _________		, 20__.
				For the Commissioner:
				Signed on April 12, 2006
				Matthew T. Klein
				Assistant Commissioner for
				Compliance & Enforcement