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. 2005-14781-H
					)
UNITED PARCEL SERVICE 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 United Parcel Service Inc. ("Respondent"), which operates the facility with U.S. EPA ID No. IND981782030, located at 5380 W. 81^st Street in Indianapolis, Marion 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:

Michael L. Eskew, President	CT Corporation System, Registered Agent for
United Parcel Service Inc.	United Parcel Service Inc.
55 Glenlake Pkwy NE	251 E. Ohio Street, Suite 1100
Atlanta, GA 30328	Indianapolis, IN 46204

5. Respondent most recently notified the U.S. EPA and IDEM of Small Quantity Generator (SQG) activities at the Site on February 22, 1993. 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.

Since the issuance of the Notice of Violation, Respondent submitted the 2004 annual manifest report. Respondent presented information at a settlement conference held between the parties on November 17, 2005, indicating that “Environmental Task Procedures” have been implemented at the facility to minimize the possibility of the violation recurring.

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(b)

3. 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

4. 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 within thirty (30) days of the Effective Date of this Agreed Order.

5. 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

6. In the event that the civil penalty required by Order paragraph 4 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.

7. 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.

8. 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.

9. 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.

10. 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:
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 on 1/4/06
				Matthew T. Klein
				Assistant Commissioner
				Compliance and Enforcement