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. 2005-14732-A
				)
CAR DEPOT 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 Car Depot Inc.(Respondent), who owns and operates the car lot located at 2830 South 3^rd St. in Terre Haute, Vigo 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:

Arsalan Sayyah, President	Arsalan Sayyah, Registered Agent
Car Depot Inc.	Car Depot Inc.
7421 South Kingwood St.	551 Trailwood Dr.
Terre Haute, IN 47802	Terre Haute, IN 47802

5. An inspection, on June 13, 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 this inspection:

a. Pursuant to 326 IAC 13-2.1-3(a)(1), no person shall rent, lease, sell, offer for sale, or in any manner transfer ownership of a motor vehicle with knowledge that the vehicle has been subject to tampering.

On June 13, 2005 a representative of IDEM observed a vehicle, a 1989 GMC Jimmy (Vin IGKCT8Z5K0518030), for sale at the site without catalytic converter and vapor condenser hose and the EGR valve plug was defeated, a violation of 326 IAC 13-2.1-3(a)(1).

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 13-2.1-3(a)(1).

3. Respondent will submit proof of the work done to bring the vehicles in compliance with 326 IAC 13-2.1-3(a)(1), within fifteen days of the effective date of this Agreed Order.

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

Kristopher M. Grinnell, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Enforcement Mail Code – 60-02

100 N. Senate Avenue

Indianapolis, IN 46206-6015

5. Respondent is assessed a civil penalty of One Thousand Two Hundred ($1,200.00). 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 and stipulated 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

Cashier’s Office Mail Code – 50-10C

100 N. Senate Avenue

Indianapolis, IN 46207-7060

7. In the event that the civil penalty required by Order paragraph No. 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.

8. 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.

9. 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.

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. 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 Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:	RESPONDENT:
Department of Environmental Management	Car Depot Inc.
By: __________________________	By:________________________________
David P. McIver
Chief, Air Section
Office of Enforcement
	Printed: _____________________________
	Title: _______________________________
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		________________	, 200	___	.
			For The Commissioner:
			Signed 04/26/06
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement