STATE OF INDIANA ) BEFORE THE INDIANA OFFICE OF

) SS: ENVIRONMENTAL ADJUDICATION

COUNTY OF MARION )

IN THE MATTER OF:

OBJECTION TO THE ISSUANCE )

OF A COMMISSIONERíS ORDER TO, )

DESIGNTEC OF KENTUCKY, INC., ) Cause No. 00-S-J-2467

Mr. Herb Ligon and, ) (H-12625 or 7675-H)

Mr. Randy Thomas )

 

JOINT STIPULATIONS

Comes now the Indiana Department of Environmental Management ("IDEM"), by Counsel, and Designtec of Kentucky, Inc., Mr. Herb Ligon, and Mr. Randy Thomas, in person and by Counsel, and hereby stipulate as follows:

  1. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation on August 7, 1997, via Certified Mail to Designtec of Kentucky, Inc., Mr. Herb Ligon, and Mr. Randy Thomas ("Respondents"). The Notice of Violation, received by the Respondents on August 11, 1997, included an Agreed Order that outlined the actions required to correct the violations.
  2. On December 28, 1999, the IDEM issued a Commissionerís Order to the Respondents in accordance with IC 13-30-3-5. The Commissionerís Order was received by the Respondents Counsel on December 31, 1999. (Commissionerís Order is attached as "Exhibit A"). The Respondents received the Commissionerís Order, via certified mail, on December 31, 1999.
  3. That the parties agree to revise the payment method contained in paragraph six (6) of the Commissionerís Order as follows:

The Respondents shall pay a civil penalty of Eight-Three Thousand Dollars ($83,000) for violation of 329 IAC 3.1 and IC 13-30-2-1. This penalty shall be remitted to the Department of Environmental Management in accordance with the following payment schedule:

    1. The Respondents agree to pay twenty thousand dollars ($20,000.00) on or before March 16, 2000;
    2. The Respondents agree to pay make six (6) separate ten-thousand dollar ($10,000.00) payments on April 16, 2000, May 16, 2000, June 16, 2000, July 16, 2000, August 16, 2000, and September 16, 2000.
    3. Respondents agree to make a final payment of three-thousand dollars ($3,000.00) on October 16, 2000.

Checks shall be made payable to the Environmental Management Special Fund, with the Cause Number indicated on the check(s) and mailed to: Cashier, Indiana Department of Environmental Management, 100 North Senate Avenue, P.O. Box 7060, Indianapolis, Indiana 46207-7060.

  1. The 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 Designtec of Kentucky, Inc., shall in any way alter its status or responsibilities under this Agreed Order.
  2. All remaining provisions contained in the Commissionerís Order are unchanged by this agreement and remain in full force and effect. Upon filing of this Joint Stipulation with the Indiana Office of Environmental Adjudication, the Respondentsí hereby withdraw their Petition for Review; expressly waive any rights they may have to administrative or judicial review in this matter; and, agree to comply with the terms of the Commissionerís Order, as modified by this Joint Stipulation.

By: Signed 5-25-00 By: Signed 5-25-00__

Mr. Herb Ligon Mr. Randy Thomas

Date: 5-25-00 Date: 5-25-00______

By: Signed 5-25-00________

Designtec of Kentucky, Inc.

Date: 5-25-00_____________

Counsel for Indiana Department of Counsel for Respondents, Designtec of

Environmental Management Kentucky, Inc., Mr. Herb Ligon, and Mr.

Randy Thomas

By: Signed 6-13-00_______ By: Signed 6-8-00__________

Mr. Scott R. Storms Christopher R. Fitzpatrick

Office of Legal Counsel Woodward, Hobson & Fulton

Date: 6-13-00___________ Date: 6-8-00_______________