STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2000-9850-A
					)
ONYX PAVING COMPANY, INC.,					)
					)
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. 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. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding except a proceeding to enforce this Order.

I. FINDINGS OF FACT

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 Onyx Paving Company, Inc.(“Respondent”), which owns and operates a stationary hot mix batch asphalt manufacturing source located at 101 North Popular Street, in Seymour, Jackson 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 July 16, 2001, IDEM issued a Notice of Violation via Certified Mail to:

Mr. Greg Pardieck	Mr. Ralph Pardieck, Registered Agent
Onyx Paving Company	Onyx Paving Company
101 North Popular Street	825 South O'Brien Street
Seymour, Indiana 47272	Seymour, Indiana 47274

5. Pursuant to IC 13-30-3-3, on September 18, 2001, IDEM issued an Amended Notice of Violation via Certified Mail to:

Mr. Ralph Pardieck

President and Registered Agent

Onyx Paving Company

825 South O'Brien Street

Seymour, Indiana 47274

a. An inspection on September 15, 2000, was conducted at the Site by a representative of IDEM’s Office of Air Quality (“OAQ”). The following violations were in existence or observed at the time of this inspection:

b. Pursuant to Permit condition B.12 of the Federally Enforceable State Operating Permit (“FESOP”) F 071-9643-03180 an Annual Compliance Certification is required to be submitted no later than July 1 of each year. The Annual Compliance Certification for 2000 and 2001 has not been submitted.

c. Pursuant to Permit condition C.21 of the FESOP F 071-9643-03180 the Semi-Annual Compliance Monitoring Report is required to be submitted within thirty (30) days of the reporting period. The Semi-Annual Compliance Monitoring Reports for July-December 1999, January-June 2000, July-December 2000 and January-June 2001 have not been received.

d. Pursuant to Permit condition D.1.4 and D.1.9 of the FESOP F 071-9643-03180 a record of daily visible emission evaluations of the hot batch mixer stack exhaust are required to be maintained and a preventive maintenance plan was required to be prepared by August 18, 1999. During the September 15, 2000, inspection it was discovered that Onyx Paving Company Inc. failed to maintain records of the visible emissions evaluations and failed to develop a written preventive maintenance plan.

e. Pursuant to Permit condition D.1.5 of the FESOP F 071-9643-03180 a stack test for PM and PM10 emissions was to have been conducted by May 18, 2000. During the September 15, 2000, inspection it was discovered that Onyx Paving Company Inc. failed to conduct the stack test by the deadline.

7. The Respondent submitted the Preventative Maintenance Plan, the 2000 Annual Compliance Certification, the 2001 Annual Compliance Certification, a copy of the visible emissions log and the standard operating procedures for conducting the visible emissions to the IDEM, Office of Enforcement (OE) on October 1, 2001. The Respondent was not required to submit the semi-annual compliance monitoring reports for July-December 1999, January-June 2000, July-December 2000 and January-June 2001.

8. Respondent conducted a PM and PM10 emissions compliance test of the hot mix batch mixer in accordance with the requirements in 326 IAC 3-6 on October 3, 2003. The testing demonstrated compliance with the applicable PM and PM10 emissions limits.

9. 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 is assessed a civil penalty of Eight Thousand ($8,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

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

Cashier’s Office – Mail Code 50-10C

IDEM

100 N. Senate Avenue

Indianapolis, IN 46204-2251

4. In the event that the civil penalty required by Order paragraph 3, 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.

5. Within twenty days of the effective date of this order, the Respondent shall withdraw the Petition for Administrative Review of Notice and Order of the Commissioner of IDEM, Cause No. 03-A-E-3179.

6. This Agreed Order shall apply to and be binding upon the Respondent, its successors 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.

7. 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.

8. 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.

9. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed order.

TECHNICAL RECOMMENDATION:	RESPONDENT:
Department of Environmental Management
By: __________________________	By: _____________________
David P. McIver
Chief, Air Section
Office of Enforcement	Printed: __________________
	Title: ____________________
Date: _______________________	Date: ____________________
COUNSEL FOR COMPLAINANT:	COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: ___________________________	By: ________________________
Office of Legal Counsel
Date: _______________________	Date: ________________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS	DAY OF		, 200	.
		For The Commissioner:
		(Signed_December 9, 2005
		Matthew T. Klein
		Assistant Commissioner
		of Compliance and Enforcement