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 ensure that, in accordance with 329 IAC 13-3-3(a) and 329 IAC 13-4-3(b), a surface impoundment is not used to store used oil.

3. Within sixty (60) days of the Effective Date of this Agreed Order, Respondent shall develop a plan to remove all used oil and oil stained soils from the storm water retention pond and submit the plan to IDEM for review.

4. Within thirty (30) days of receiving IDEM approval of the cleanup plan required by paragraph 3, Respondent shall implement the plan.

5. Within sixty (60) days of the Effective Date of this Agreed Order, Respondent shall develop a plan to prevent used oil from entering the storm water pond and submit the plan to IDEM for review.

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

Lori Colpaert, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

Indianapolis, IN 46206-6015

7. Respondent is assessed a civil penalty of Eighteen Thousand Dollars ($18,000). Within thirty (30) days of the Effective Date of the Agreed Order, Respondent shall pay a portion of this penalty in the amount of Three Thousand Six Hundred Dollars ($3,600). Said penalty amount shall be due and payable to the Environmental Management Special Fund. In lieu of payment of the remaining civil penalty, Respondent shall perform and complete a Supplemental Environmental Project (‘SEP"). Respondent estimates that this SEP will cost Thirty Thousand Dollars ($30,000). Within thirty (30) days of completing this SEP, Respondent shall submit written notice and documentation to IDEM which substantiates all actions taken and costs incurred with respect to the SEP. In the event that the cost of the SEP is less than Twenty Eight Thousand Eight Hundred Dollars ($28,800), Respondent shall pay 50% of the difference between Twenty Eight Thousand Eight Hundred Dollars ($28,800) and the actual cost of the SEP.

As a Supplemental Environmental Project, Respondent shall collect and dispose of waste tires as described in Exhibit A. Exhibit A is hereby incorporated by reference and made a part of this Order. The Respondent shall collect and dispose of waste tires beginning April 1, 2001 and continue until November 31, 2001, or until 15,000 waste tires have been collected. Implementation of this SEP will provide proper disposal of up to 15,000 waste tires which pose a threat to human health and the environment when improperly disposed.

In the event that the Respondent does not complete the SEP by November 31, 2001, the full amount of the civil penalty as stated in paragraph 7 above, plus interest established by IC 24-4.6-101 on the remaining amount, less the portion of the civil penalty Respondent has already paid, will be due within fifteen (15) days from Respondent's receipt of IDEM’s notice to pay. Interest, at the rate established by IC 24-4.6-1-101, shall be calculated on the amount due from the date which is thirty (30) days after the Effective Date of this Agreed Order until the full civil penalty is paid.

8. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

9. 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.

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

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

11. In the event that the civil penalty required by Order paragraph 7, 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.

12. 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.

13. 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.

14. 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.

15. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.