STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2004-14374-A &
					)	Case No. 2004-14375-A
					)
PHEASANT RIDGE DEVELOPMENT					)
COMPANY, INC. AND JARED E.					)
YODER DBA JARED’S EXCAVATING, Inc.					)
					)
Respondent					)

AGREED ORDER

The Complainant and the Respondents 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. Respondents are Pheasant Ridge Development Company, Inc. (Respondent), which owns the Sylvan Woods development located at on County Road 16, between County roads 21 and 23, in Bristol, Elkhart County, Indiana (Site) and Jared E. Yoder dba Jared’s Excavating Inc.(Respondent) which was contracted to clear housing plots and roads at 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 March 23, 2005, IDEM issued a Notice of Violation via Certified Mail to:

Jeffrey A. Chupp, President and Registered Agent

Pheasant Ridge Development Company, Inc.

PO Box 535

Bristol, IN 46507

Jared E. Yoder, dba

Jared’s Excavating, Inc.

22926 CR 36

Goshen, IN 46526

5. An inspection, on October 14, 2004, was conducted at the Site by a representative of IDEM’s Office of Air Quality (OAQ). 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.

During the inspection the IDEM representative observed burning tree waste in ten separate piles at the site, a violation of 326 IAC 4-1-2.

6. In recognition of the settlement reached, Respondents waive 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 Respondents. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondents shall comply with 326 IAC 4-1-2, Indiana’s open burning rule.

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. Respondents are assessed a civil penalty of Three Thousand Four Hundred ($ 3,400.00). 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

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 No. 4 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondents 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 Respondents, its successors and assigns. The Respondents’ 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 Respondents 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 Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondents 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 Respondents have complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:	RESPONDENT:
Department of Environmental Management	Pheasant Ridge Development Company, Inc.
By: __________________________	By: _____________________
David P. McIver
Chief, Air Section
Office of Enforcement	Printed: __________________
	Title: ____________________
Date: _______________________	Date: ____________________
	RESPONDENT:
	Jared E. Yoder dba Jared’s Excavating Inc.
	By: _____________________
	Printed: __________________
	Title: ____________________
	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 12/20/05________
		Matthew T. Klein
		Assistant Commissioner
		of Compliance and Enforcement