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. 2004-14069-A
						)
WOOD RECYCLING, INC.,						)
						)
	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 Wood Recycling, Inc., ("Respondent"), which owns/operates a scrap wood grinding and mulch production facility located at 1009 South Division Street, in Bristol Elkhart 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, IDEM issued a Notice of Violation via Certified Mail to:

George Waro, President	Brent Fifer, Registered Agent
Wood Recycling, Inc.	Wood Recycling, Inc.
1009 South Division Street	1009 South Division Street
Bristol, Indiana 46507	Bristol, Indiana 46507

5. An investigation on May 12, 2004, was conducted at the Site by a representative of IDEM’s Office Air Quality (OAQ). The following violations were in existence or observed at the time of this investigation:

A. Pursuant to 326 IAC 6-4-2(4) and permit M039-14830-00183, Condition D.1.3, no source shall allow fugitive dust to visibly cross the boundary or property line of a source.

The IDEM inspector observed dust crossing the Wood Recycling Inc., property line, a violation of 326 IAC 6-4-2(4) and permit M039-14830-00183, Condition D.1.3

B. Pursuant to permit M039-14930-00183, Condition D.1.6, water shall be applied, as necessary to the raw mulch and finished mulch storage piles to prevent emission of fugitive particulate matter from crossing the Wood Recycling, Inc. property line.

The IDEM inspector did not observe this source applying water to the storage piles to prevent emissions of fugitive emissions from crossing the Wood Recycling, Inc. property line, a violation of permit M039-14830-00183, Condition D.1.6.

6. 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 all applicable requirements of 326 IAC 6-4 and permit M039-14930-00183, conditions D.1.3 and D.1.6.

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

Kristopher M. Grinnell, 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 ($1,200.00). 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.

5. Civil 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

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by Order paragraph Four (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 Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Gerald L. Sullivan
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
Date:	_____________________		Date:	_______________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF			, 200	.
			For The Commissioner:
			Signed 7/11/2005
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement