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. 2004-14123-H
					)
MONTICELLO SPRING CORPORATION,					)
					)
	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 Monticello Spring Corporation ("Respondent"), which operates the facility with U.S. EPA ID No. IND 052 006 087, located at 3137 S. Freeman Road, in Monticello, White County, Indiana (the “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 September 15, 2004 IDEM issued a Notice of Violation via Certified Mail to:

Thomas Pimmler, President and Registered Agent

Monticello Spring Corporation

3137 S. Freeman Road

P.O. Box 705

Monticello, Indiana 47960

5. Respondent notified the U.S. EPA of Small Quantity Generator activities on August 2, 1997. Respondent is a manufacturer of high quality, custom springs.

6. IDEM developed annual manifest reporting forms called the ID Form and the Form OS.

7. A Violation Letter was issued to Respondent on April 19, 2004, stating that IDEM had not yet received Respondent’s 2003 annual manifest report and requiring that it be submitted within thirty (30) days.

8. A record review on April 19, 2004, was conducted of the Site by a representative of IDEM’s Office of Land Quality (“OLQ”). The following violation was in existence or observed at the time of this record review:

Pursuant to IC 13-22-4-3.1(b), a person that generates, in any one or more calendar months of a calendar year:

a) more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;

b) less than one (1) kilogram of acute hazardous waste; or

c) less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year.

Respondent did not submit a 2003 annual manifest report.

On October 4, 2004, IDEM received Monticello Spring Corporation’s 2003 annual manifest report.

9. 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. In the future, Respondent shall ensure it submits an annual manifest report for 2004 by March 1, 2005, including the ID Form and the Form OS. The Form OS and instructions to the ID Form and Form OS can be obtained from IDEM’s web site at www.IN.gov/idem/land/hazwaste/manifest/amr.html. Both the Form OS and the ID Form can be obtained upon request at:

Facilities Data Analysis Section

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, IN 46206-6015

3. 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 thirty (30) days of the Effective Date of this Agreed Order.

4. 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

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

5. In the event that the civil penalty required by Order paragraph 3 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.

6. 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.

7. 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.

8. 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.

9. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT:
Department of Environmental Management
By:	______________________________			By:		______________________________
	Nancy L. Johnston, Chief			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 __________________, 2004.

For the Commissioner:

Signed 11/8/04

Felicia A. Robinson

Deputy Commissioner for

Legal Affairs