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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-4498 or 1999-3483-A
                            )
WABASH ALLOYS, LLC.                )
                            )
        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. 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.

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 Wabash Alloys, LLC. (hereinafter referred to as "Respondent"), who owns and operates a secondary aluminum smelter at 4525 Old US 24, located in Wabash, 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:

        Mr. William Connell, President        CT Corporation Systems,
        Wabash Alloys, LLC                Registered Agent
        1 International Place                1 North Capitol Avenue
        Fort Hill Square                Indianapolis, IN
        Boston, MA 02110                46204

    5.    Operating conditions number four (4) and eight (8) of operating permit 169- 00010, issued on February 23, 1996, require that Respondent shall substantially comply with the preventive maintenance plan that encompasses temperature records keeping, and that the temperature will be recorded on a continuous recording chart, and that the records will be maintained at the plant for the previous twelve months.

    6.    Complainant conducted an inspection on February 4, 1999. During the inspection, it was observed that Respondent failed to maintain the number four (#4) dryer's afterburner temperature records for the time periods of April 27, 1998, through July 30, 1998; August 1, 1998 through August 11, 1998; December 15 and 16, 1998, violations of operating conditions number four (4) and eight (8) of operating permit 169-00010.

    7.    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.    Respondent shall maintain the number four (#4) dryer's afterburner temperature records. The temperature shall be recorded on a continuous recording chart. The records for the previous twelve months shall be maintained at the plant.

    3.    Respondent shall order and store on-site spare parts and supplies necessary to maintain the recording equipment in working order. Respondent shall repair the recording equipment when necessary and refill charting supplies as appropriate.

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

        Mr. Michael Stonik, Enforcement Case Manager
        Office of Enforcement

        Indiana Department of Environmental Management
        100 N. Senate Avenue
        P. O. Box 6015
        Indianapolis, IN 46206-6015

    5.    Respondent is assessed a civil penalty of Seven Thousand Seven Hundred and Fifty Dollars ($7,750.00). 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.    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

    7.    In the event that the civil penalty required by Order paragraph 5 of this Agreed Order 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.

          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.

    9.    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.

    10.    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.

    11.    This Agreed Order shall remain in effect for either a period of 2 years after the Effective Date of this Agreed Order, or until all Part 70 permit conditions relating to compliance monitoring of the Respondent's number four (#4) dryer and associated afterburners are in effect and any appeals of such conditions have been resolved, whichever occurs first.

TECHNICAL RECOMMENDATION:        WABASH ALLOYS, LLC.:
Department of Environmental Management

By:     _________________________        By: _________________________
    David P. McIver
    Air Section Chief            
    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 ____________________, 2000.

                            
                            For the Commissioner:
                            
                            Signed on July 6, 2000
                            ___________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            of Enforcement

Converted by Andrew Scriven