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. 2004-14106-W
					)
CENTRAL RUBBER & PLASTICS, 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 (“IDEM”), a department of the State of Indiana created by IC 13-13-1-1.

2. The Respondent is Central Rubber & Plastics, Inc., (“Respondent”), who owns and operates a rubber and plastics molding facility, located at 17416 CR 34 in Goshen, Elkhart County, Indiana (the “Site”).

3. Respondent’s facility is authorized to discharge non-contact cooling water from its Outfall 001 into an unnamed ditch into Rock Run Creek, in accordance with the terms and conditions of National Pollutants Discharge Elimination System (NPDES) permit, IN0061409 (the “Permit”).

4. IDEM has jurisdiction over the parties and subject matter of this action.

5. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation, August 27, 2004, via Certified Mail to:

Scott R. Salisbury, President and Registered Agent
Central Rubber & Plastics, Inc.
17416 County Road 34
Goshen, IN 46528

6. The Notice of Violation identified the following violations:

A. Pursuant to 327 IAC 5-2-8(1), and Part II.A.1 of the Permit, the Respondent is required to comply with all terms and conditions of its NPDES permit; any non-compliance constitutes a violation of the Clean Water Act (CWA) and the Environmental Management Act (EMA) and is grounds for enforcement action. Part I.C.2 of the Permit specifically requires the Respondent to submit monitoring reports to IDEM containing results obtained during the previous month by no later than the 28^th day of the month following each completed monitoring period.

B. Pursuant to 327 IAC 5-2-13 (a), the Respondent is required to monitor, as required in the Permit, the following:

(1) The mass, concentration, or other measurement specified in sections 11, 11.1, and 11.6 of this rule for each pollutant specified in the permit.

(2) The volume of wastewater flow at monitoring points specified in the permit, including the final effluent flow from each point source.

(3) Other parameters and conditions as specifically required in the permit.

C. Pursuant to 327 IAC 5-2-15 (a), the Respondent is required to report to the commissioner, using discharge monitoring reports (DMR) (EPA Form 3320-1), and, as an industrial discharger, is also required to submit the results of effluent analysis on the Indiana Discharge Monitoring Report Form 30530.

D. The Respondent submitted late DMRs for the months of December 2003, and January and February 2004, and failed to submit DMRs for the months of: March through December 2002, and May through November 2003, in violation of 327 IAC 5-2-13 (a), 327 IAC 5-2-15(a), 327 IAC 5-2-8(1), and Part II.A.1 and Part I.C.2 of the Permit.

7. The Respondent subsequently mailed in all of the missing DMRS noted above, except October, November, and December 2002.

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

2. The Respondent shall comply with all applicable provisions of the Indiana Administrative Code (IAC) including, but not limited to, 327 IAC 5-2-8, 327 IAC 5-2-13, 327 IAC 5-2-14, 327 IAC 5-2-15, and the Permit.

3. The Respondent shall demonstrate six consecutive months of compliance (Compliance Demonstration) with the requirements for properly submitted DMRs. The Respondent shall be subject to stipulated penalties, as specified below, for failure to properly submit DMRs until the Compliance Demonstration is successfully completed.

4. In the event the following terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:

Order Paragraph Numbers	Violation	Penalty Amount
2, 3	Failure to properly submit monthly discharge monitoring reports, as required for Compliance Demonstration.	$500 per week late

5. Stipulated penalties shall be due and payable within 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 assessment of the stipulated penalty 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.

6. 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, Indiana 46207-7060.

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. This Agreed Order is not and shall not be interpreted to be a Permit, or a modification of an existing Permit, nor shall it in any way relieve Respondent of its obligation to comply with the requirements of any other applicable federal or state law or regulation.

9. The Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of federal, or state law.

10. 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.

11. 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.

12. This Agreed Order shall remain in effect until Respondent has complied with paragraphs 2 through 6 of this Order, and IDEM issues a close-out letter.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Central Rubber & Plastics, Inc.
By:			By:
	Mark W. Stanifer, Chief			Scott R. Salisbury, President
	Water Enforcement Section			Central Rubber & Plastics, Inc.
	Office of Enforcement
Date:			Date:
COUNSEL FOR COMPLAINANT:
Department of Environmental Management
By:			By:
	Nicole Sipe			Matthew A. Yeakey
	Office of Legal Counsel			Sanders Pianowski, LLP
Date:			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF			, 200	.
			For The Commissioner:
			Signed on March 2, 2005
			Linda Runkle
			Assistant Commissioner