1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1 (IC 13-7-2-11 prior to July 1, 1996).

2. Respondent is Benjamin Settle, d.b.a. Settle Auto Sales (hereinafter referred to as "Respondent"), who owns a car sales lot at 3201 Taylor Street, located in Fort Wayne, Indiana.

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

4. Respondent waives its right to issuance of a Notice of Violation and to the settlement period of sixty (60) days as provided by IC 13-30-3-3.

5. Rules 326 IAC `13-2.1-3(a)(1) Requires that no person shall rent, lease, offer for sale, or in any manner transfer ownership of a motor vehicle with knowledge that the vehicle has been subject to tampering. For the purposes of this subdivision, knowledge of tampering shall be imputed to any person engaged in the business of repairing, servicing, selling, leasing, or trading motor vehicles or motor vehicle engines or any person who operates a fleet of motor vehicles.

6. On June 7, 1996, a representative of IDEM conducted an investigation at Settle Auto Sales, 3201 Taylor Street, Fort Wayne, Indiana. The inspector noted that fourteen (14) vehicles were offered for retail sale. The inspector found three (3) of the fourteen vehicles to be in a tampered condition. The tampered vehicles and the corresponding violations are as follows:

Vehicle Violation

1979 Chevrolet exhaust gas recirculator missing

VIN 1W80L9K467837 fuel restrictor and thermostatic air cleaner

disabled

1984 Chevrolet pickup truck fuel restrictor disabled

VIN 2GCCC14H5E1149302

1985 Buick air injection reaction system disabled

VIN 1G4AH19E9F6406877

7. In recognition of the settlement reached, Respondent waives any rights to administrative and judicial review of this Agreed 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 Rule 326 IAC 13-2.1-e(a)(1).

3. The Respondent will repair the tampered vehicles and provide written proof of the repairs to IDEM within thirty (30) days of the Effective Date.

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

Sue Burow, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, Indiana 46206-6015

5. Respondent is assessed a civil penalty of Five Hundred Sixty-five Dollars ($565.00). 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. In the event the following rule is violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

Violation Penalty

326 IAC 13-2.1-3(a)(1) $500

7. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of assessment of the stipulated penalty given above, the complainant may seek any other remedies or sanctions available by virtue of Respondent’s violation of this Agreed Order, or Indiana law, including but not limited to civil penalties pursuant to IC 13-7-13.

8. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46206-7060

9. In the event that the civil penalty required by paragraph 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.

10. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute 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.

11. 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.

12. 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.

13. This Order shall be valid and enforceable the date this Order is adopted by the Complaint or his delegatee. However, all time periods shall run from the date Respondent receives this Order (the "Effective Date"). This Agreed Order shall remain in effect for two (2) years from the Effective Date of this Order.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

By: Signed by David P. McIver By: Signed by Ben Settle

David P. McIver, Acting Air Section Chief

Office of Enforcement Printed: By Ben Settle

Title: Owner

Date: 12-10-96 Date: 1/6/97

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: Signed by C. Edward Taylor By: _______________________

Office of Legal Counsel

Department of Environmental Management

Date: 12-10-96 Date: ________________________