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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. 1999-3558-A or A-4565
                            )
ROSE-HULMAN INSTITUTE            )
OF TECHNOLOGY,                    )
                            )
        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 Rose-Hulman Institute of Technology (hereinafter referred to as "Respondent"), who owns and operates a coal fired boiler identified as No. 1 Boiler at 5500 Wabash Avenue, located in Terre Haute, 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. B. Guille Cox, Jr., President        Mr. Robert A. Coons, Registered Agent
    Rose-Hulman Institute of Technology    Rose-Hulman Institute of Technology
    5500 Wabash Avenue            5500 Wabash Avenue
    Terre Haute, IN 47803            Terre Haute, IN 47803    

    5.    Pursuant to 326 IAC 6-1-13 and FESOP F167-5933-00014 condition D.1.4, a coal fired boiler identified as No. 1 Boiler, shall not exceed particulate matter (PM) emissions limit of 0.6 lbs/MMBtu. During the stack test at No. 1 Boiler, this facility demonstrated the average PM emissions of 0.78 lbs/MMBtu. This constitutes a violation of 326 IAC 6-1-13 and FESOP F167-5933-00014 condition D.1.4.

    6.    Pursuant to 326 IAC 5-1-2(1)(A), visible emissions from a source in Vigo County shall not exceed forty percent (40%) in 24 consecutive readings. During the stack test at No. 1 Boiler, this facility exceeded the 40% opacity limit for eight (8) periods of 24 consecutive readings. This constitutes a violation of 326 IAC 5-1- 2(1)(A).

    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 conduct a compliance stack of its No. 1 Boiler to demonstrate compliance with 326 IAC 6-1-13, FESOP F167-5933-00014 condition D.1.4, and 326 IAC 5-1-2(1)(A) no later that February 18, 2000, or discontinue the use the No. 1 Boiler on or before February 18, 2000. The stack test should be conducted in accordance with 326 IAC 3-6. Discontinuation of the boiler use means that holes are cut through its walls and/or all pipe connections are severed and all power supply cut.

    3.    Respondent shall not operate the No. 1 Boiler at full capacity until Respondent has demonstrated compliance with 326 IAC 6-1-13, FESOP F167-5933-00014 condition D.1.4, and 326 IAC 5-1-2(1)(A).

    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 Three Thousand and Seven Hundred Dollars ($3,700.00). 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.

    8.    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 until Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        ROSE-HULMAN INSTITUTE OF
                            TECHNOLOGY:
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 ____________________, 199___.

                            
                            For the Commissioner:
                            
                            Signed on March 2, 2000
                            ___________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            of Enforcement

Converted by Andrew Scriven