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

• The Complainant is the Commissioner (hereinafter referred to as the "Complainant") of the Indiana Department of Environmental Management (IDEM), a department of the State of Indiana created by IC 13-13-1-1.



• The Respondent is the Town of Santa Claus (hereinafter referred to as the "Respondent").



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

• The Respondent owns and operates a publicly-owned treatment works (POTW) located in Spencer County, Indiana, which is authorized to discharge to receiving waters designated as an unnamed tributary of Crooked Creek in accordance with its National Pollutant Discharge Elimination System (NPDES) Permit No. IN 0020605 (the "Current Permit"). The Current Permit was reissued on February 19, 1999, with an Effective Date of April 1, 1999. The NPDES Permit in effect prior to the Current Permit was issued on March 29, 1989, amended March 31, 1990, and amended September 1, 1990 (the Prior Permit). Both the Current Permit and the Prior Permit authorize the discharge to the unnamed tributary of Crooked Creek in accordance with the effluent limitations, monitoring requirements, and other conditions set forth therein.



• Pursuant to 327 IAC 5-2-8, Part I.A. of both the Prior Permit and the Current Permit set forth the Effluent Limitations and Monitoring Requirements applicable to the discharge from the Respondent's POTW. Attachment "AA" of both of these Permits prohibits discharging from the bypass or overflow points present in the collection system and at the wastewater treatment facility, except as provided by 327 IAC 5-2-8(11).



• From August 1990 through May 1999, the Respondent has exceeded numerous numeric effluent limitations in the NPDES permit in violation of IC 13-18-4-5, IC 13-30-2-1, 327 IAC 2-1-6(a)(1), 327 IAC 5-2-8 and the Prior and Current NPDES Permits. A summary of these violations for the thirty-six (36) month period from June 1996 through May 1999 is as follows:

(a) The daily minimum dissolved oxygen (DO) limitation was exceeded sixty-nine (69) times.

(b) The monthly average mass limitation for five-day biochemical oxygen demand (BOD₅) was exceeded five (5) times.

(c) The weekly average mass limitation for BOD₅ was exceeded in nine (9) of the months.

(d) The monthly average concentration limitation for BOD₅ was exceeded three (3) times.

(e) The weekly average concentration limitation for BOD₅ was exceeded four (4) times.

(f) The daily maximum limitation for pH was exceeded four (4) times.

(g) The monthly average mass limitation for total suspended solids (TSS) was exceeded fourteen (14) times.

(h) The weekly average mass limitation for TSS was exceeded in eighteen (18) of the months.

(i) The monthly average concentration limitation for TSS was exceeded twelve (12) times.

(j) The weekly average concentration limitation for TSS was exceeded twenty-four (24) times.

(k) The monthly average mass limitation for ammonia (as N) was exceeded fifteen (15) times.

(l) The weekly average mass limitation for ammonia (as N) was exceeded in seventeen (17) of the months.

(m) The monthly average concentration limitation for ammonia (as N) was exceeded eighteen (18) times.

(n) The weekly average concentration limitations for ammonia (as N) were exceeded sixty-three (63) times.

(o) The daily minimum concentration limitation for total residual chlorine (TRC) at the chlorine contact tank was exceeded forty-seven (47) times.

(p) The daily maximum concentration limitation for TRC at the chlorine contact tank was exceeded twelve (12) times.

(q) The daily maximum concentration limitation for TRC in the final effluent was exceeded one hundred forty four (144) times.

• From August 1990 through May 1999, the Respondent had numerous overflows and/or bypasses from several manholes in the wastewater collection system and at the WWTP in violation of IC 13-18-4-5, IC 13-30-2-1, 327 IAC 2-1-6(a)(1), 327 IAC 5-2-2, and the Prior and Current Permits. For the period of June 1996 through May 1999, the Respondent has reported one hundred twenty-nine (129) illegal overflows and/or bypasses.



• Pursuant to IC 13-30-3-3, on June 2, 1999, IDEM issued a Notice of Violation via certified mail to:

Mr. Michael Kamp

Town Board President

Town of Santa Claus

P.O. Box 92

Santa Claus, Indiana 47579-0092

• Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.



• The Respondent treats sanitary waste from the Lincoln Boyhood National Memorial (a federally owned facility) and the Lincoln State Park (a State owned facility). The collection systems servicing these two (2) facilities have considerable inflow and infiltration, which contributes to the wet weather hydraulic loading of the Respondent's POTW.



• Pursuant to IC 13-30-2-1, it is unlawful for any person to discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.



• Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:

(a) that will settle to form putrescent or otherwise objectionable deposits;

(b) that are in amounts sufficient to be unsightly or deleterious;

(c) that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;

(d) which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans; and

(e) which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.

• Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge.



• Pursuant to 327 IAC 5-2-8(1), PartII.A.1., for both the Current Permit and the Prior Permit, states, in substance, that the permittee shall comply with all terms and conditions of the permit, and that any violation of the permit constitutes a violation of the Clean Water Act and IC 13 and is grounds for enforcement action.



• Pursuant to 327 IAC 5-2-8(1), Part II.A. of both the Current Permit and the Prior Permit require the permittee to take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.



• Pursuant to 327 IAC 5-2-8(8), the Current Permit (under Part II.B.1.), and the Prior Permit (under Part II.A.5) state, in substance, that the permittee shall at all times maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for collection and treatment that are installed or used by the permittee; and necessary for achieving compliance with the terms and conditions of the permit.



• Pursuant to 327 IAC 5-2-8(9) [which incorporates 327 IAC 5-2-13(a)], the Current Permit (under Parts I.A.1., I.B.2., I.B.4.b.(4)(a), and II.C.2.) and the Prior Permit (under Parts I.A.1., I.B.1., I.B.2., and I.B.4.b.4.a.) state, in substance, that in order to assure compliance with permit terms and conditions, all permittees shall monitor as required in the permit the volume of wastewater flow at monitoring points specified in the permit, including the final effluent flow from each point source.



• Pursuant to 327 IAC 5-2-8(9), the Current Permit (under Part I.B. and II.C.2.) and the Prior Permit (under Part I.B.) state, in substance, that the permittee shall comply with monitoring, recording, and reporting requirements established in accordance with 327 IAC 5-2-13, 327 IAC 5-2-14, and 327 IAC 5-2-15.

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

II. ORDER

• 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.



• Upon the Effective Date of this Agreed Order, the Respondent shall continue accurately reporting the number of effluent limitation exceedances on the NPDES discharge monitoring report form, and shall report all overflows and bypasses that occur, including those that occur on weekends and holidays, on the monthly report of operation and the discharge monitoring report. Also, as required by the NPDES Permit, for each overflow and bypass event, the Respondent shall orally report the event to IDEM within 24-hours of becoming aware of the event, and shall provide a written report within five (5) days of the time that the Respondent becomes aware of the event; or shall notify IDEM by facsimile to (317) 232-5637, using the IDEM OWM Bypass/Overflow Incident Report.



• Immediately, upon the Effective Date of the Agreed Order, and lasting until the final completion of the new WWTP and related improvements, the Respondent shall operate the waste collection, control, treatment, and disposal facilities, at all times, as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants and all noncompliance with its NPDES permit. When the new WWTP is operational, the Respondent shall operate and maintain the new WWTP and collection system in such a manner so as to minimize all noncompliance with its NPDES Permit.



• Preventive Maintenance Plan

a. The Respondent shall continue to refine its comprehensive collection system and wastewater treatment facility preventive maintenance plan. This program shall focus on maximizing the reliability and service of the Respondent's collection system and treatment plant. The program shall include the following elements:

i. An inventory of the Respondent's collection system and WWTP and an evaluation of the impacts of the loss or failure of each major system component.

ii. A schedule for preventive maintenance activities. The Respondent shall refine a schedule for routine activities such as manhole and pump station inspection, close circuit television inspection, sewer cleaning and flushing, root control, and other maintenance activities as needed in the Respondent's collection system and WWTP. The Respondent shall refine schedules for these activities that are reflective of the characteristics and needs of the various portions of its collection system and WWTP.

iii. A maintenance data management system, which shall have the capability of assisting the Respondent with scheduling and tracking both preventive and reactive maintenance activities.

iv A system for ensuring that adequate materials and spare parts inventories will be maintained. As part of this inventory, the Respondent shall also identify critical spare parts, and assure that these parts are maintained in inventory.

b. The Respondent shall continue its evaluation of its current maintenance program and spare parts inventory, and shall identify improvements and changes needed to modify its current program so as to meet the criteria described above and in the most recent editions of WEF MOP 7, "A Wastewater Collection Systems Management" and WEF MOP 11, "Operation of Municipal Wastewater Treatment Plants." [Information regarding these publications may be obtained from the Water Environment Federation, 601 Wythe Street, Alexandria, VA; 703-684-2400].

c. The Respondent shall provide a Preventative Maintenance Program Report (the "Report") to IDEM for approval within six (6) months of the Effective Date of this Agreed Order. The Report shall:

i. Describe the Respondent's existing collection system maintenance program, and shall describe in detail the changes, if any, necessary to meet the requirements noted in Part II.4.a. and b, above.

ii. Provide information on the schedules established for routine sewer maintenance activities. The Report shall describe the Respondent's survey of its collection system to prioritize system components. Information provided shall include both summaries of the level of effort, by activity, to be carried out (i.e., feet of sewer to be close circuit TV inspected per year), and also shall include information illustrating how maintenance activities are to be prioritized on the areas of the collection system most in need of attention.

iii. Provide information on the Respondent's current maintenance data management system. The information provided shall describe the data management system's capabilities and the degree to which it is currently used to manage collection system maintenance data. The Report shall also include sample reports such as routine work schedule summaries, work orders, etc.

iv. Provide information on collection system maintenance staffing levels, equipment and other resources dedicated to collection system maintenance.

v. Provide detailed information on its spare parts inventory, and how critical spare parts were identified.

vi. Provide a schedule for development and implementation of any changes to the existing program necessary to meet the criteria specified in this Agreed Order.

d. The Report is subject to IDEM's approval in accordance with Plan Approval Procedure under Part II.8. of this Agreed Order.

e. The Respondent shall implement those additions or changes to its preventative maintenance program identified in the IDEM-approved Preventative Maintenance Program Report accordance with the schedule in the IDEM-approved Report.

• Compliance Plan (CP)

a. Within sixty (60) days of the Effective Date of this Agreed Order, the Respondent shall submit to IDEM for its approval a Compliance Plan (CP), which shall include an implementation and completion schedule, detailing the actions to be taken by the Respondent to address the deficiencies and violations noted herein. This plan shall include, but not be limited to:

i. A schedule for the development of an Operation and Maintenance (O&M) manual for use in training operational personnel that provides a Standard Operating Procedure (SOP) for effective O&M of all tanks, piping, pumps, and all other equipment associated with the WWTP and the collection system. In addition, this O&M manual shall include log-sheet forms that are to be used to document actual monitoring, process control, and maintenance at the facility on an as needed basis. Also, this O&M manual shall include a listing and description of all information and documentation that is required to be available for inspections conducted by IDEM. The O&M Manual shall be reflective of the Phase II improvement projects, as well as the Phase I collection system improvements.

ii. A listing and description of all actions to be taken by the Respondent that are necessary to:

A. eliminate all bypasses and overflows in the collection system and at the WWTP;

B. minimize inflow and infiltration sources from the collection system;

C. ensure continued compliance with effluent limitations and all other terms and conditions of the Respondent's NPDES permit.

These activities are separated into two phases to be implemented by the Respondent. The Phase I objective is to eliminate system overflows (to Christmas Lake and the Golf Course), based on completed flow metering of the collection system and implementation of interim improvements at the existing WWTP. The components of these improvements include:

Phase I:

a. Replacement of Lift Station #3 and respective force main, which will increase pumping capacity from 675 gallons per minute (g.p.m.) to 1500 g.p.m.

b. Replacement of Lift Station #24, which will increase pumping capacity from 1,300 g.p.m. to 3,100 g.p.m.

c. Upgrade Lift Station #8, which will increase pumping capacity from 100 g.p.m. to 150 g.p.m.

d. Upgrade force main sewers from Lift Station #24 to handle additional pumping capacity.

e. Adapt Lift Station #3 with quick connects for portable standby power supply.

f. Adapt Lift Station #24 with a fixed standby power generator.

g. Upgrade secondary treatment process with fine bubble aeration increasing treatability capacity at the WWTP.

h. Add wet weather/high flow 14" line from Lift Station #24 to the equalization basin.

i. Improvement to the equalization return system and flow metering.

j. New chlorination/dechlorination system.

Phase I, items A-J above shall be complete by April 1, 2001.

Phase II:

a. The Respondent will obtain all necessary construction permits for a new WWTP with 1.117 MGD design flow.

b. On of before July 30, 2001, the Respondent shall commence construction of the new WWTP.

c. On of before April 30, 2002, the Respondent shall show substantial completion of the new WWTP.

d. On or before July 1, 2002, construction of the WWTP shall be complete.

The compliance measures outlined in the CP (Phases I and II), shall be completed no later than July 1, 2002.

• Public Notification Plan

a. Within thirty (30) days of the Effective Date of this Agreed Order, the Respondent shall submit to IDEM for its approval a Public Notification Plan which shall include an implementation and completion schedule, detailing the actions to be taken by the Respondent. Pursuant to 327 IAC 5-3-12, this plan shall include, but not be limited to following:

i. A mechanism that will consistently and effectively notify users of the affected water body in neighborhoods downstream of the discharge points of any partially treated or untreated sewage.

ii. At a minimum, the notice in the form of permanent signage shall be placed along the affected areas including, but not limited to, the following locations:

• Outfall point
• Sanitary Sewer Overflow points (occurring within last 60 days)
• Public access sites (Christmas Lake, Golf Course, etc.)
• Bridge downstream from outfall
• Lift stations

iii. At a minimum the signs shall describe, succinctly, the potential impacts of the discharges on human health.

b. The Public Notification Plan is subject to the approval of IDEM in accordance with Plan Approval Procedure under Part II.8. of this Agreed Order.

• Performance Monitoring Plan

• Following completion of each major phase in the IDEM-approved Compliance Plan, in accordance with the schedules contained therein, the Respondent shall demonstrate for one (1) year that the projects completed during that phase have achieved the objectives of that phase. (For example, it is anticipated that the Respondent shall take all steps necessary to eliminate all sanitary sewer overflows within the collection system upon completion of the first phase of the CP).

• Within six (6) months of the Effective Date of this Agreed Order, the Respondent shall submit to IDEM for its approval a Performance Monitoring Plan that will be used to implement the requirements under Part II.7.a. of this Agreed Order.



• The Performance Monitoring Plan is subject to the approval of IDEM in accordance with Plan Approval Procedure under Part II.8. of this Agreed Order.



• Upon completion all requirements of the CP, the Respondent shall be responsible for a compliance period of six (6) consecutive months. The Respondent shall be under the performance period during which it shall maintain monthly averages of pH, BOD₅, DO, ammonia-nitrogen and TRC concentration limits contained in the NPDES Permit.



• The Respondent will be liable for stipulated penalties for failure to comply with the requirements of the performance period until six (6) consecutive months of compliance with the NPDES Permit parameters are demonstrated, or one (1) year, whichever comes first, and IDEM issues a closeout letter to this Agreed Order. Should the Respondent fail to demonstrate six (6) consecutive months of compliance with monthly average limitations of pH, BOD₅, DO, ammonia-nitrogen and TRC concentration within one (1) year, then IDEM, at its discretion, may initiate an additional enforcement action for continuing violations.

• Plan Approval Procedure

a. The Preventive Maintenance Plan, Compliance Plan, Public Notification Plan, and Performance Monitoring Plan are all subject to the approval of IDEM in accordance with the following:

i If a Plan is deemed inadequate by IDEM, a revised Plan shall be submitted within sixty (60) days of receipt of notice from IDEM of the inadequacies thereof.

ii. If the revised Plan does not meet IDEM=s approval, IDEM will suggest appropriate modifications to the revised Plan to be made by the Respondent.

iii. If the Respondent does not submit either of the following within sixty (60) days after receipt of IDEM=s suggested modifications, the Respondent will be subject to stipulated penalties:

• A further revised Plan that incorporates IDEM=s suggested modifications.
• An alternative Plan that IDEM determines is approvable.

b. The Respondent, upon receipt of written notification from IDEM, shall immediately implement the approved Plan.

c. The approved Plan shall be incorporated into the Agreed Order and shall be deemed an enforceable part thereof.

• All submissions required by this Agreed Order, unless the Respondent is otherwise notified in writing by the Office of Enforcement, shall be sent to:

• The Respondent is assessed a civil penalty of Thirty-One Thousand Dollars ($31,000). Said penalty amount shall be paid in the following manner: eight (8) equal quarterly payments of Three Thousand, Eight Hundred Seventy-Five Dollars ($3,875). The first payment shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order. The Respondent shall pay interest on any delinquent 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.

• In the event the following terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:

a. For each day the Respondent fails to submit and/or complete any plans, reports, or other submittals required under this Agreed Order (including all penalties) by the specified due dates or to make changes to those documents per IDEM=s comments within the required time frames the stipulated penalties shall be as follows:

All plans, upon submission and approval, shall be incorporated herein as part of this Agreed Order. If a due date falls on a holiday or weekend, the due date shall be the following business day.

b. For each day the Respondent fails to satisfy any of the requirements of the Preventive Maintenance Plan, Compliance Plan, Public Notification Plan, or Performance Monitoring Plan, the stipulated penalties shall be as follows:

c. Stipulated penalties for violations of the NPDES permit effluent limitations and for bypasses and overflows will become effective once the new WWTP is constructed and operational are as follows:

i. Stipulated Penalties for a Violation of an Effluent Limitation

The following stipulated penalties will become effective once the new WWTP is constructed and operational in accordance with the schedule in the IDEM-approved Compliance Plan:

ii. Stipulated Penalties for Bypasses and Overflows

For overflows and/or bypasses in the collection system, the following stipulated penalties will become effective once the new, expanded capacity, lift stations and force mains are installed and operational, in accordance with the schedule in the IDEM-approved Compliance Plan. For overflows and/or bypasses at the WWTP, the following stipulated penalties will become effective once the new WWTP is constructed and operational in accordance with the schedule in the IDEM-approved Compliance Plan:

d. For each violation of a requirement of this Agreed Order, the NPDES Permit or applicable laws and rules of any board created by Title 13 of the Indiana Code, which is not specifically covered by stipulated penalties under Part II.11 (a) and (b), above, the stipulated penalty is $3,000 per day for each violation.

• Stipulated penalties shall be due and payable within thirty (30) days after the Respondent receives written notice that the Complainant has determined a stipulated penalty is due. If a stipulated penalty is not paid when due, the stipulated penalty shall be payable with interest from the original due date at the statutory rate set established by IC 24-4.6-1-101. IDEM reserves the right to seek additional penalties up to the maximum for each day of continuing noncompliance, although such penalties shall be reduced by any stipulated penalties paid by the Respondent. In addition, assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any other remedies or sanctions available by virtue of the Respondent's violation of this Agreed Order or applicable laws and rules.



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

Cashier

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

• "Force Majeure," for purposes of this Agreed Order, is defined as any event arising from causes beyond the control of the Respondent that delays or prevents the performance of any obligation under this Agreed Order despite the Respondent=s best efforts to fulfill the obligation. The requirement that the Respondent exercise Abest effort to fulfill the obligation@ includes using best efforts to anticipate any potential "Force Majeure" event and best efforts to address the effects of any potential "Force Majeure" event (1) as it is occurring and (2) following the potential "Force Majeure" event, such that the delay is minimized to the greatest extent possible. "Force Majeure" does not include financial inability to complete the work required by this Agreed Order or increases in costs to perform the work. In addition, "Force Majeure" does not include bypasses and/or overflows that occur in the collection system or at the WWTP that are caused by precipitation events.



• The Respondent shall notify IDEM by calling within three (3) calendar days and by writing no later than seven (7) calendar days after any event which the Respondent contends are a "Force Majeure." Such notification shall describe the anticipated length of the delay, the cause or causes of the delay, the measures taken or to be taken by the Respondent to minimize the delay, and the timetable by which these measures will be implemented. The Respondent shall include with any notice all available documentation supporting their claim that the delay was attributable to a "Force Majeure." Failure to comply with the above requirements shall preclude the Respondent from asserting any claim of "Force Majeure" for that event. The Respondent shall have the burden of demonstrating that the event is a "Force Majeure." The decision of whether an event is a "Force Majeure" shall be made by IDEM. Said decision shall be communicated to the Respondent.



• If a delay is attributable to a "Force Majeure," IDEM shall extend, in writing, the time period for performance under this Agreed Order, by the amount of time that is attributable to the event constituting the "Force Majeure."



• 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.



• 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.



• The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.



• This Agreed Order is not and shall not be interpreted to be a Permit, or a modification of an existing Permit, nor shall it relieve the Respondent of its obligation to comply with the requirements of its current, or any future, NPDES Permit or with any other applicable federal or state law or regulation.



• The Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the Respondent=s compliance with any aspect of this Agreed Order will result in compliance with the provisions of the Clean Act, its NPDES Permit, or State Law.



• The Respondent shall comply with the Sewer Connection Ban imposed by IDEM on February 24, 1999.



• The Respondent shall comply with all applicable laws and rules of any board created by Title 13 of the Indiana Code.



• This Agreed Order shall remain in effect until the Respondent has successfully completed the performance monitoring period referenced in paragraph 7, in addition to the requirements of paragraphs 5, 6, 8, and 10 of this Agreed Order.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

By: _________________________ By: __________________________

Mark Stanifer, Chief

Water Enforcement Section Printed:

Office of Enforcement

Title:

Date: Date:

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: By:

Sierra L. Cutts, Attorney

Office of Legal Counsel

Department of Environmental Management

Date: Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS 1st DAY OF June , 2001.

FOR THE COMMISSIONER:

Signed by: Ms. Felicia A. Robinson

Felicia A. Robinson

Assistant Commissioner of Enforcement