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. B-2514 or 1999-8625-W
                             )
HULMAN REGIONAL AIRPORT AUTHORITY )
TERRE HAUTE INTERNATIONAL AIRPORT )            
        Respondent.                 )

        Respondent is Hulman Regional Airport Authority (hereinafter referred to as "Respondent"or "Site"), who owns and operates an airport facility located in Vigo County at 581 South Airport Road, 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. Charles Goodwin, Director
                Hulman Regional Airport Authority
                581 South Airport Road
                Terre Haute, IN 47803-9705
                    
    
     5.    On January 22, 1999, upon receipt of a spill report, designated representatives of the Indiana Department of Environmental Management (IDEM), Emergency Response Section, began a spill response investigation at the Site.

         327 IAC 2-6.1-7 states, in part, that any person who operates, controls, or maintains any mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state, do the following:

    (1)    Contain the spill, if possible, to prevent additional spilled material from entering the waters of the state.

    (2)    Undertake or cause others to undertake activities needed to accomplish a spill response.

    (3)    As soon as possible but within two (2) hours of discovery, communicate a spill report to the Department of Environmental Management, Office of Environmental Response: Area code 1-888-233-7745 for in-state calls (toll free), 1-317-233-7745 for out-of-state calls. If new or updated spill report information becomes known that indicates a significant increase in the likelihood of damage to the waters of the state, the responsible party shall notify the department as soon as possible but within two (2) hours of the time the new or updated information becomes known.

    (4)    Submit to the Department of Environmental Management, Office of Emergency Response, 2525 North Shadeland Avenue, P.O. Box 6016, Indianapolis, IN, 46206-6015, a written copy of the spill report if requested in writing by the department.

    (5)    Except from modes of transportation other than pipelines, exercise due diligence and document attempts to notify the following:

        (A)    for spills to surface waters that cause damage, the nearest affected downstream water user located within ten (10) miles of the spill and in the State of Indiana; and
                                                
        (B)    for spills to soil outside the facility boundary, the affected property owner or owners, operator or operators, or occupant or occupants.

     7.    On the date of investigation listed above, it was determined that Respondent violated the above rule, as follows:

    On January 22, 1999, IDEM received a report of a fish-kill in a downstream pond and the presence of a petroleum sheen on the pond surface. The source of the petroleum was found to be Respondent's facility. A diesel fuel storage tank for emergency generator equipment at the facility was overfilled in early January, 1999, causing a reportable spill of approximately eight hundred to one thousand gallons of fuel. The spill was not reported to IDEM, and no spill response activity was undertaken, though the spill was discovered by Respondent's employees in early to mid January, 1999. The spill was flushed from the site by storm water surface drainage during a wet-weather, rainfall event on January 21, and 22, 1999.

         A settlement conference was held on February 16, 2000. The Respondent said that no reportable spill was discovered until January 22, 1999, at which time the Respondent immediately responded by deploying absorbent booms to contain the spill. The Respondent said that the spill was also then effectively reported via discussions with IDEM on that same date. The Respondent also said that the cause of the spill may not have been overfilling of the emergency generator system's diesel fuel storage tank, as stated by IDEM.

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

         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.

2.    Within thirty (30) days of the Effective Date of this Agreed Order, the Respondent shall submit to IDEM for its approval a Compliance Plan (CP) which addresses the deficiencies and violations noted herein. This plan shall include but not be limited to:

         Standard Operating Procedure (SOP) which addresses detailed spill prevention and response methods and procedures at Respondent's facility, including provision for an extensive employee and tenant training program. The SOP shall conform with any applicable federal and/or state regulatory requirements for a Spill Prevention, Control, and Countermeasure Plan (SPCC).

         Documentation that all personnel responsible for implementing activities identified in the Storm Water Pollution Prevention Plan (SWPPP), as required by Respondent's existing general storm water permit, # INR00H071, have been trained regarding Best Management Practices (BMPs) contained in the SWPPP.

Respondent shall also document updating of the SWPPP with current requirements that qualified personnel shall conduct a comprehensive site compliance evaluation at least once per year to confirm the accuracy of the description of potential pollution sources contained in the SWPPP, determine its effectiveness, and assess compliance with the permit. Such evaluations shall include:
    
        1) Inspection of the storm water drainage areas, including material handling and storage areas, for evidence of, or the potential for, pollutants entering the drainage system.

        2) Evaluation of the effectiveness of measures used to reduce pollutant loadings to determine whether they are adequate and properly implemented or whether additional measures are needed.

        3) Observation of structural control measures, sediment and erosion control measures, and other structural storm water best management practices to ensure proper operation.

        4) Inspection of any equipment needed to implement the SWPPP, such as spill response equipment, to ensure that it is in proper working order.

        5) An inspection report which documents the inspection results/observations, follow-up actions, date of the inspection, personnel who conducted the inspection,, and identifies any incidents of noncompliance or certifies that the facility is in compliance with the SWPPP. The report shall be signed in accordance with the NPDES permit and shall be kept on-site with the SWPPP.

        6) The SWPPP shall be revised as needed within two (2) weeks of the inspection. Any necessary changes must be implemented no later than twelve (12) weeks from the date of inspection.

             Documentation of the following information regarding the spill incident described in the Findings of Fact, Paragraph 7, above.

        1)    delineating the area of contamination affected by the incident, and a description of the remediation of contaminated soils;    

        2)    a plan that addresses improved housekeeping that will minimize the possibility of future contamination and releases;

                 sampling and analysis of outfall from the affected area for Total Petroleum Hydrocarbons (TPH) concentration on a quarterly basis for one full year, and submission of analytical results of the same samples to IDEM within thirty (30) days of availability.

          The CP is subject to the approval of IDEM. If the plan is deemed inadequate by IDEM, a revised CP shall be submitted within fifteen (15) days of receipt of notice from IDEM of the inadequacies thereof. If after the submission of the revised document(s) IDEM still finds the document(s) are inadequate, then IDEM may require further modification of the CP as necessary to meet IDEM's requirements. If further modification does not meet IDEM's approval, IDEM will suggest appropriate modification to be undertaken by Respondents within a specified time frame. If such modification is not timely undertaken or an alternative plan timely submitted by Respondents is not approved by IDEM, the Respondents will be liable for stipulated penalties. Respondents, upon written notification by IDEM, shall immediately implement the approved plan, including the dates for completion of any scheduled milestone dates. The approved plan shall be incorporated into the Agreed Order and shall be deemed an enforceable part thereof.

4.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:                        

                Dave Knox
                Water Section
                 Office of Enforcement
                Indiana Department of Environmental Management
                100 N. Senate Avenue (IGCN, Room 1315)
                P. O. Box 6015
                Indianapolis, IN 46206-6015

5.    Respondent is assessed a civil penalty of Eight Thousand Dollars ($8,000). 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.    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:

         Violation                        Penalty

        Paragraph II.2.            $500 per day for failure to comply with any requirement of this paragraph.

        Paragraph II.3.            $500 per day for failure to comply with any requirement of this paragraph.

7.    Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other
    remedies or sanctions available by virtue of Respondent's violation of this Agreed Order, or Indiana law, including but not limited to civil penalties pursuant to IC 13-30-4.

8.    Civil and stipulated 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
                Indiana Department of Environmental Management
                100 N. Senate Avenue                    
                P. O. Box 7060
                Indianapolis, IN 46207-7060

9.    In the event that the civil penalty required by paragraph 5 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.

10.    This Agreed Order shall apply to and be binding upon the Respondent. The Respondent's signatories to this Agreed Order certify that they are fully authorized to sign for 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.

     11.    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.

12.    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.

14.    This Agreed Order shall remain in effect until all of the following events have been completed:

    A. Respondent has completed all requirements of Section II., Paragraphs 2 and 3;

    B. IDEM issues a resolution of cause or "close out" letter to Respondent in this cause.