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. 2004-14202-A
					)
COPE BROTHERS MACHINE SHOP 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 Cope Brothers Machine Shop Inc. (Respondent), which owns and operates a stationary hard chromium electroplating operation with ID # 089-00452 located at 5301 E State Route 231, in Leroy, Lake 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 October 25, 2004 IDEM issued a Notice of Violation via Certified Mail to:

Lawrence Cope, President and Registered Agent

Cope Brothers Machine Shop Inc.

5301 E State Road 231

Leroy, IN 46355

5. A records review, on April 19, 2004, was conducted of the Site by a representative of IDEM’s Office Air Quality (OAQ). The following violations were observed at the time of this record review:

a. Pursuant to 40 CFR 63.342(c)(1)(i), incorporated by reference in 326 IAC 2-6.1-5(1), and permit condition D.1.3 of MSOP permit # 089-11760-00452, during operation the Permittee shall control chromium emissions discharged to the atmosphere from the hard chromium electroplating tank, identified as (HC-2), by not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.015 mg/dscm [6.6x10^-6gr/dscf].

During the compliance test, on December 12, 2003, the average emissions of chromium, from three separate tests, were 0.021 mg/dscm. This is a violation of permit condition D.1.3.

6. On July 9, 2004, a second compliance test was conducted at the facility. During this second test the average chromium emissions were calculated to be 0.0034 mg/dscm, in compliance with permit condition D.1.3 of MSOP permit # 089-11760-00452.

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 her 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 MSOP permit # 089-11760-00452.

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 Three Thousand Four Hundred Dollars ($3,400). Said penalty amount shall be due and payable to the Environmental Management Special Fund in two monthly installments. Respondent shall pay the first installment in the amount of One Thousand Seven Hundred Dollars ($1700.00) within thirty (30) days of the Effective Date of this Agreed Order. Respondent shall pay the remainder of the balance in a second installment in the amount of One Thousand Seven Hundred Dollars ($1700.00) within sixty (60) 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

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by Order paragraph 4 is not paid as specified within sixty (60) 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		Cope Brothers Machine Shop Inc.
By:	_____________________________	By:	______________________________
	David McIver	Printed:	______________________________
	Chief, Air Section	Title:	_____________________________
	Office of Enforcement
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 ____________________, 20__.

For the Commissioner:

Signed on January 20, 2005

Linda Runkle

Assistant Commissioner