Converted WP file ./AO/8849-A

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STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,                )
                            )
            v.                )    CASE NO. 1999-8849-A
                            )
UNIROYAL GOODRICH TIRE            )
MANUFACTURING CO.,                )
                            )
        Respondent.                )

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

1. Complainant is the Commissioner (hereinafter referred to as "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 Uniroyal Goodrich Tire Manufacturing Co. (hereinafter referred to as "Respondent"), which owns and operates a tire manufacturing plant located in Woodburn, 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:

            Kevin Rogers
            Uniroyal Goodrich Tire Manufacturing Co.
            P.O. Box 277
            Woodburn, IN 46797-0277

5. Rule 326 IAC 7-1.1-2 limits sulfur content for residual oil combustion to one and six-tenths (1.6) pounds sulfur dioxide per million Btu's (MMBtu). During a records review conducted on October 15, 1999, by IDEM's Office of Air Management, Respondent was found combusting in their boilers fuel oil with sulfur content exceeding 1.6 pounds per million Btu's during the time period between 1993 to 1999. The combustion of fuel oil with sulfur content exceeding 1.6 lbs. per million Btu's violates 326 IAC 7-1.1-2.

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

II. ORDER

1. 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.

2. Respondent shall not combust fuel oil with a sulfur content exceeding 1.528% in their boilers.

3. Respondent shall not allow fuel oil with a sulfur content exceeding 1.528% to be placed in their day or large storage tanks.

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

        J. Brian Eaton, Enforcement Case Manager
        Office of Enforcement
        Indiana Department of Environmental Management
        100 N. Senate Avenue
        P. O. Box 6015
        Indianapolis, IN 46206-6015

    5.    Respondent is assessed a civil penalty of Sixteen Thousand Dollars ($16,000). 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.    The Civil penalty is payable by check to the Environmental Management Special Fund. The check 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

7. In the event that the civil penalty required by paragraph five (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.

8. 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.

9. 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.

10. 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.

11. This Agreed Order shall remain in effect for a period of two (2) years after
the Effective Date of this Order.

TECHNICAL RECOMMENDATION: Uniroyal Goodrich Tire Manufacturing Co.:
Department of Environmental Management

By:     _________________________        By: _________________________
    David P. McIver
    Chief, Air Section
    Office of Enforcement            Printed: ______________________

Title: ________________________

Date: ________________________ Date: ________________________

COUNSEL FOR COMPLAINANT:
Department of Environmental Management

By: _________________________
Office of Legal Counsel
Department of Environmental Management

Date: _______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20___.

For the Commissioner:

                            Signed on 20 April 2000
                            ___________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

Converted by Andrew Scriven