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. 2005-14644-S
				)
RALPH BARNES d/b/a BARNES SEPTIC SERVICE				)
				)
				)
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 (hereinafter referred to as "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 Ralph Barnes, d/b/a Barnes Septic Service, (hereinafter referred to as "Respondent") who owns and/or operates a septic hauler business, Wastewater Management Business Permit Number 200, Vehicle License Number 14-010, that operated on property located at State Road 358 and County Road 300 West in Plainville, Daviess County, Indiana ("Site").

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

Ralph Barnes d/b/a Barnes Septic Service

P.O. Box 107

Plainville, Indiana 47568

5. Designated representatives of IDEM conducted inspections at the Site on February 17, 18, and 21, 2005.

6. Based on information gathered by IDEM during the above noted inspection, the Respondent has been found in violation of an environmental rule, as follows:

Pursuant to 327 IAC 7.1-7-1 (d) (1), no disposal of wastewater shall be permitted on the land at any property or location without a valid land application approval issued under 327 IAC 7.1-8.

Respondent caused and/or allowed the disposal of wastewater on the land at the Site on or about February 17, 2005, without a valid approval, which is in violation of 327 IAC 7.1-7-1 (d) (1).

7. The Respondent conducted a minimally adequate response to the illegal disposal.

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 his 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 immediately cease the illegal disposal of wastewater at the Site and at any location.

3. Within seven (7) days of the Effective Date of this Agreed Order, the Respondent shall surrender Wastewater Management Business Permit # 200 and Vehicle License Number 14-010 by submitting a Request for Voidance to:

Office of Land Quality

Solid Waste Permits Section, Room 1101

100 North Senate Avenue

Indianapolis, Indiana 46204-2251

4. Respondent shall never own, operate, or conduct any wastewater management or land application business in Indiana.

5. Respondent is assessed a civil penalty of Four Thousand Five Hundred Dollars ($4,500). The civil penalty shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

6. In accordance with IC 13-23-6-2, civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include case number 2005 - 14644 - S and shall be mailed to:

Indiana Department of Environmental Management

Cashier– Mail Code 50-10C

100 North Senate Avenue

Indianapolis, Indiana 46204-2251

7. In the event that the civil penalty required by Order Condition No. 5 is not paid within thirty (30) days of the Effective Date of this Agreed Order, the 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.

8. This Agreed Order shall apply to and be binding upon the Respondent, his officers, directors, principals, agents, successors, subsidiaries, 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 his status or responsibilities under this Agreed Order.

9. 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.

10. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

11. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:				RESPONDENT
Department of Environmental Management				Ralph Barnes d/b/a Barnes Septic Service
By:	____________________			By:		Ralph Barnes
	Paul Higginbotham, Chief
	Solid Waste/UST Section			Date:		3/30/06___________
	Office of Enforcement
				By:		Jenny Cline______
Date:	2/24/06________
				Date:		4/3/06___________
COUNSEL FOR COMPLAINANT:				COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:	Joseph H. Merrick_______			By:		_________________
	Office of Legal Counsel
Date:	4-5-2006____________			Date:		__________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		__5th__	DAY OF		___April__________		, 20_06_.
				For the Commissioner:
				________________________
				Matthew T. Klein
				Assistant Commissioner for
				Compliance & Enforcement