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. 2005-14668-A
				)
PAUL H. ROHE COMPANY, 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 Paul H. Rohe Company, Inc. (“Respondent”), which owns and operates a portable asphalt pavement production plant, with ID number 137-03258 located at 24031 Derbyshire Road in Metamora, Franklin 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, July 8, 2005, IDEM issued a Notice of Violation via Certified Mail to:

Mr. Keith Mosier, President	CT Corporation System, Registered Agent
Paul H. Rohe Company, Inc.	251 East Ohio Street
P.O. Box 67	Suite 1100
Aurora, IN 47001	Indianapolis, IN 46204

5. A records review, on January 12, 2005, 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 326 IAC 2-8 and condition D.4 of FESOP 137-17206-03258, the drum dryer/burner process stack particulate emissions in the baghouse gas stream, shall not exceed 0.03 grains per dry standard cubic foot.

September 27, 2004, the source conducted a stack test to determine compliance with emission limitations. A review of the results indicate that the source averaged 0.04 grains per dry standard cubic foot, a violation of 326 IAC 2-8 and condition D.4 of FESOP 137-17206-03258.

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 and condition D.4 of FESOP 137-17206-03258.

3. Respondent shall implement and submit a written schedule for bag replacement within fifteen (15) days of Effective Date.

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

Brenda Mathews, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Compliance & Enforcement

100 North Senate Avenue

MC 60-02 IGCN 1315

Indianapolis, IN 46204-2251

5. Respondent is assessed a civil penalty of Six Thousand Seven Hundred Fifty Dollars ($6,750.00). 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.

6. 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:

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50-10C

100 N. Senate Avenue

Indianapolis, IN 46204-2251

In the event that the civil penalty required by Order paragraph No. Five (5) 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.

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.

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.

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.

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	Paul H. Rohe Company, Inc.
By: __________________________	By: Mark Richardson & Daniel T. Crago
David P. McIver
Chief, Air Section
Office of Enforcement
	Printed: __________________
	Title: General Manager & Environmental Manager
Date: Signed on December 30, 2005__	Date: Signed on January 26. 2006
COUNSEL FOR COMPLAINANT:	COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ___ Jay Rodia __________	By: __________________________
Office of Legal Counsel
Date: Signed on February 16, 2006	Date: ________________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS	____	DAY OF		________________	, 200	___	.
			For The Commissioner:
			Signed on February 20, 2006
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement