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STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,                )
                            )
            v.                )CAUSE NO. A-4488 or 1999-3472-A
                            )
CENTRAL SOYA COMPANY, 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 (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.

    2.    Respondent is Central Soya Company, Inc. (hereinafter referred to as "Respondent"), which owns and operates a soybean processing plant in Decatur, Indiana.

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

    4.    Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

            Christine Thomas            Terrence E. Quinlan
            Environmental Coordinator        Registered Agent for
            Central Soya Company, Inc.        Central Soya Company, Inc.
            1200 N. 2nd Street            1500 Fort Wayne Bank
            Decatur, IN 46733            Fort Wayne, IN 46802

    5.    Pursuant to 326 IAC 6-3-2 particulate matter emissions from an applicable source or facility shall not exceed the allowable rate as determined by the process weight rate.

    6.    On August 11, 1998, Respondent conducted a source test for particulate matter on the No.1 Ex-Flaker. The results of the August 11, 1998, source test demonstrated emissions of 1.15 pounds of particulate matter per hour, exceeding the limit of 0.516 pounds particulate matter per hour. The excessive particulate matter emissions rate violates 326 IAC 6-3-2.                     
.
    7.    On October 20, 1998, Respondent conducted another source test for particulate matter on the No. 1 Ex-Flaker. The results of the source test demonstrated emissions of 0.116 pounds particulate matter per hour, thereby complying with 326 IAC 6-3-2.
                    
    8    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

    9.    Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.

II. ORDER

    1.    This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

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

        J. Brian Eaton, Enforcement Case Manager
        Office of Enforcement
        Indiana Department of Environmental Management
        100 N. Senate Avenue
        P. O. Box 6015
        Indianapolis, IN 46206-6015

    3    Respondent is assessed a civil penalty of Three Thousand Dollars ($3,000). 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.

    4.    Civil 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, IN 46207-7060

    5.    In the event that the civil penalty required by paragraph three (3) 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.

    6.    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 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 all terms of paragraphs three (3) and four (4) are satisfied.

TECHNICAL RECOMMENDATION:        Central Soya Company, Inc.:
Department of Environmental Management

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                
Department of Environmental Management

Date: _______________________            Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20___.

                            
                            For the Commissioner:
                            
                            Signed on June 16, 2000    
                            ___________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement
                            

Converted by Andrew Scriven