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. 2005-14776-H
					)
OLD HICKORY FURNITURE CO., 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 Old Hickory Furniture Co., Inc. ("Respondent"), which operates the facility with U.S. EPA ID No. IND045057411, located at 403 S. Noble St. in Shelbyville, Shelby 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:

Rocco J. Liott, President and Registered Agent

Old Hickory Furniture Co., Inc.

403 S. Noble St.

Shelbyville, IN 46176

5. Respondent notified the U.S. EPA and IDEM of Small Quantity Generator (SQG) activities at the Site on June 1, 1998. IDEM has no indication that Respondent ceased SQG activities at the Site in 2004, and thus believes that Respondent was required to submit a 2004 annual manifest report by March 1, 2005.

6. IDEM developed annual manifest reporting forms called the ID Form and the Form OS.

7. A Violation Letter was issued to Respondent on May 3, 2005, stating that IDEM had not yet received Respondent's 2004 annual manifest report and requiring that it be submitted within thirty (30) days.

8. A review of IDEM records pertaining to the Site was conducted on August 17, 2005, by a representative of IDEM. The following violation was in existence or observed at the time of this record review:

Pursuant to Indiana Code 13-22-4-3.1(b), an SQG, i.e., a person that generates, in any one or more calendar months of a calendar year:

a) more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;

b) less than one (1) kilogram of acute hazardous waste; or

c) less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year.

As of August 17, 2005, Respondent had not submitted a 2004 annual manifest report.

Respondent contacted IDEM on November 14 & 15, 2005, stating that Respondent believed that the facility was a conditionally exempt small quantity generator (CESQG) for 2004, and that Respondent believed that the weights reported on the manifest were not correct. After further investigation, Respondent could not prove that its status was that of a CESQG; therefore, the annual manifest report was submitted to IDEM indicating that Respondent’s status for 2004 was that of an SQG.

9. 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. Upon the Effective Date of this Agreed Order, Respondent shall ensure that annual manifest reports, including the ID Form and the Form OS, are submitted to IDEM pursuant to IC 13-22-4-3.1.

3. Respondent is assessed a civil penalty of One Thousand One Hundred Dollars ($1,100). Said penalty amount shall be due and payable to the Environmental Management Special Fund in four (4) payments of $275.00 each. The first payment shall be due on or before March 15, 2006; the second payment shall be due on or before May 31, 2006; the third payment shall be due on or before August 31, 2006; and the final payment shall be due on or before November 30, 2006.

4. The civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:

Cashier’s Office

Indiana Department of Environmental Management

100 N. Senate Avenue

Mail Code 50-10C

Indianapolis, IN 46204-2251

5. In the event that the civil penalty required by Order paragraph 3 is not paid according to the terms 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.

6. 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.

7. 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.

8. 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.

9. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:				RESPONDENT
Department of Environmental Management
By:	____________________			By:		____________________
	Nancy L. Johnston, Chief
	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		__________________		, 20____.
				For the Commissioner:
				Signed on March 29, 2006
				Matthew T. Klein
				Assistant Commissioner for
				Compliance & Enforcement