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. 2005-14435-A
					)
WALSH & KELLY, 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 Walsh & Kelly, Inc. (“Respondent”), which owns and operates a portable source, hot asphalt drum mixing plant with ID number 127-03214 located at 965 Sun Drive, Port of Indiana, in Portage, Porter 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:

Kevin J. Kelly, President Walsh & Kelly, Inc. 51320 Pebble Beach Court Granger, IN 46530

Kevin J. Kelly, Registered Agent Walsh & Kelly, Inc. 1700 E. Main Street Griffith, IN 46319

5. A records review, on December 29, 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 records review:

a. Pursuant to condition B.12 of FESOP No.15206, this facility, an asphalt mixing plant, must submit an annual compliance certification report which addresses the status of the source’s compliance with the terms and conditions of the FESOP as required by 326 IAC 2-8-5(a)(1), by April 15 of each year to cover the time period from January 1 to December 31 of the previous year.

This facility failed to submit the annual compliance certification for the year 2003 by April 15, 2004, a violation of this FESOP condition.

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 326 IAC 2-8-5(a)(1) and Condition B.12 of FESOP number 15206.

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

Brenda Mathews, 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 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.

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, 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			Walsh & Kelly, Inc.
By:			By:
	David P. 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		, 2005.
			For The Commissioner:
			Signed on April 28, 2005
			Matthew T. Klein
			Assistant Commissioner
			for Compliance & Enforcement