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-4620 or 1999-3621-A
                            )
BREMEN CASTINGS, INC.,            )
                            )
        Respondent.                )

    2.    Respondent is Bremen Castings, Inc. (hereinafter referred to as "Respondent"), who owns and operates a foundry at 500 N. Baltimore Street, located in Bremen, 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. James E. Brown
                    President and Registered Agent
                    Bremen Castings, Inc.
                    500 North Baltimore Street
                    Bremen, IN 46506

    5.    Pursuant to 326 IAC 6-4-2(4), no source shall allow fugitive dust to visibly cross the boundary or property line of a source.

    6.    On June 22, 1999, this source allowed fugitive emissions from the stack of the melting area wet scrubber to cross the property line at the ground level, a violation of 326 IAC 6-4-2(4).

    7.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

    2.    Respondent shall continue to use work techniques and operational practices to comply with 326 IAC 6-4. Respondent shall submit a list of such activities with their procedure descriptions within thirty (30) days of the Effective Date of this Agreed Order. These activities shall become an enforceable part of this Agreed Order. Respondent shall maintain records of such daily activities and make them available to IDEM's representative upon request.

    3.    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

    4.    Respondent is assessed a civil penalty of One Thousand and Six Hundred Dollars ($1,600.00). 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.

    5.    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

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

    7.    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.

    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 for two (2) years from the Effective Date of this Agreed Order.

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 May 30, 2000
                            ___________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            of Enforcement

Converted by Andrew Scriven