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. 2005-14777-H
				)
KOKOKU WIRE INDUSTRIES CORPORATION,				)
				)
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 Kokoku Wire Industries Corporation ("Respondent"), which operates the facility with U.S. EPA ID No. IND074320755, located at 1217 S. Walnut Street in South Bend, St. Joseph 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:

Keoin B. Hughes, President	CT Corporation System, Registered Agent for
Kokoku Wire Industries Corporation	Kokoku Wire Industries Corporation
406 Manitou Dr.	251 E. Ohio Street, Suite 1100
South Bend, In 46616	Indianapolis, IN 46204

5. Respondent most recently notified the U.S. EPA and IDEM of Large Quantity Generator (LQG) activities at the Site on February 11, 1997. IDEM has no indication that Respondent ceased LQG 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(c), an LQG, i.e., a person that generates, in any one or more calendar months of a calendar year:

a) more than one thousand (1,000) kilograms of hazardous waste;

b) at least one (1) kilogram of acute hazardous waste; or

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

accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department either the biennial report required by the United States Environmental Protection Agency (U.S. EPA) concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year. Large Quantity Generators are required to submit the Hazardous Waste Biennial Report required by the U.S. EPA by March 1 of each even numbered year and the IDEM annual manifest report by March 1 of each odd numbered year.

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

Since the date of the Notice of Violation, Respondent submitted the 2004 annual manifest report and notified IDEM that operations ceased at the facility in 2004 after hazardous waste had been generated.

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, if hazardous waste is ever generated at the Site, Respondent shall submit an annual manifest report to IDEM, pursuant to IC 13-22-4-3.1.

3. Respondent shall pay its 2004 hazardous waste generator fees according to the following schedule: The first payment of $573.84 shall be paid within thirty (30) days of the Effective date of this Agreed Order; the second payment of $573.83 shall be paid on or before April 30, 2006; and the third payment of $573.83 shall be paid on or before June 15, 2006. The fees shall be made payable to the “Environmental Management Permit Operation Fund.”

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

Brenda Lepter, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

Mail Code 60-02

Indianapolis, IN 46204-2251

5. 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.

6. 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.

7. 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.

8. 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 24, 2006
				Matthew T. Klein
				Assistant Commissioner for
				Compliance & Enforcement