v. ) Cause No. H-11585

1. Complainant is the Commissioner ("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 Valeo Engine, Inc. ("Respondent"), which operates the company with U.S. EPA ID No. IND 982641094, located at 1100 East Barachel Lane, in Greensburg, Decatur County, Indiana ("Site").

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

4. Pursuant to IC 13-30-3-3, on September 28, 1993, IDEM issued a Notice of Violation via Certified Mail to:

5. On December 29, 1995, IDEM and Valeo Engine Cooling, Inc. entered into an Agreed Order, Cause No. H-11585. Valeo Engine Cooling, Inc. has changed its name to Valeo Engine, Inc.

6. Respondent has complied with Orders 1 through 12 and 20 of the Agreed Order.

7. Respondent has complied with Order 13 by submitting a revised remediation plan which incorporated the conditions set forth in IDEM’s May 1, 1995 letter. In addition, Respondent has complied with Order 14 by submitting a risk assessment to IDEM for review. This Amendment to Agreed Order will modify the terms of the remediation plan and clean-up goals required by Orders 13 and 14. In addition, this Amendment to Agreed Order will modify Orders 15, 16, and 21.

8. Respondent installed an approved groundwater remediation system and began its operation on September 24, 1996.

1. Any item from the December 29, 1995, adopted Agreed Order which is not specifically revised by this Amendment remains fully in effect. This Amendment replaces the requirements of Orders 13 through 16 and removes Orders 17 and 21 of the December 29, 1995, adopted Agreed Order.

2. Respondent may shut down the groundwater remediation system at any time. Once Respondent determines that the groundwater remediation system will be shut down, Respondent shall submit a written notice to IDEM indicating the date the system will be shut down and the 5 year post-remedial groundwater monitoring will begin.

3. Within sixty (60) days of the Effective Date of this Amendment to Agreed Order, Respondent shall submit a Sampling and Analysis Plan for the post-remedial groundwater monitoring to IDEM for approval.

4. Once the remediation system is shut down, Respondent shall begin 5 years of post-remedial groundwater monitoring.

5. Respondent’s post-remedial groundwater monitoring shall be conducted at semi-annual intervals and include monitoring wells 1, 2, 3, 5, 10, 11S, 11D, 12, 13, and 15. Respondent shall sample each well for trichloroethylene (TCE), and its breakdown products cis and trans 1,2 dichloroethylene, and vinyl chloride.

6. Within twenty (20) days of obtaining the analytical results, Respondent shall submit 2 copies of the semi-annual analytical results to IDEM in accordance with IDEM’s Appendix II, "Guidance to the Performance and Presentation of Analytical Chemistry Data", July 16, 1998.

7. Once the post-remedial groundwater monitoring begins, Respondent may restart the groundwater remediation system at any time without effecting the running of the 5 year post-remedial groundwater monitoring period.

8. After 2 years of the 5 year monitoring period, if no statistically "significant increase" in concentration of TCE or its breakdown products occurs in monitoring wells 1, 2, 3, 5, 10, 11S, 11D, and 15, Respondent may present a revised monitoring plan to IDEM for approval to decrease sampling interval to annual or to decrease the 5 year sampling period.

9. If TCE or its breakdown products are identified in monitoring well 12 and/or monitoring well 13 above detection limits, Respondent shall verify the results by re-sampling. If re-sampling verifies TCE or its breakdown products above detection limits, Respondent shall, within sixty (60) days of obtaining the results of the re-sampling, submit an "Action Plan" to IDEM for approval.

10. Within ten (10) days of notice of IDEM’s approval of the "Action Plan", Respondent shall implement the plan as approved and in accordance with the time frames contained therein.

11. If no TCE or its breakdown products are detected in monitoring wells 12 and 13 during the 5 year monitoring period, Respondent may cease monitoring and the post-remedial groundwater monitoring and remediation will be considered complete.

12. This Amendment to Agreed Order shall have no force of effect until approved by the Commissioner.

13. This Amendment to Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to Respondent.