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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.                )    CAUSE NO. A-3623
                            )
CSR MASOLITE                     )
                            )
        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 (IC 13-7-2-11 prior to July 1, 1996).

    2.    Respondent is CSR Masolite (formerly Masolite Concrete Products, Inc.) (hereinafter referred to as "Respondent"), who owns and operates a concrete products manufacturing plant at 2200 LaFontain St., located in Fort Wayne, 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 (IC 13-7-11-2(b) prior to July 1, 1996), IDEM issued a Notice of Violation on August 28, 1996 via Certified Mail to:

            Michael Trulock
            EPA Coordinator
            Masolite Concrete Products, Inc.
            2200 LaFontain St.
            Fort Wayne, IN 46802

    5.    Rule 326 IAC 6-4-1 shall apply to all sources of fugitive dust. For the purposes of this rule, "fugitive dust" means the generation of particulate matter to the extent that some portion of the material escapes beyond the property line or boundaries of the property, right-of-way, or easement on which the source is located.

    6.    On May 22, 1996, an inspector representing the Office of Air Management, IDEM conducted an inspection at 2200 LaFontain St., Fort Wayne, IN. The inspector observed a flat bed truck enter the plant creating dust. The inspector observed the dust clearly crossing the property line, a violation of Rule 326 IAC 6-4-1.
    
    7.    The Respondent has initiated the following activities as part of a dust control plan:
        a) Dusty areas of the plant are being sprayed with water on an as needed basis.
        b) Dusty areas of the plant are being treated with a dust suppressant on an as          needed basis.

    8.    CSR Masolite has moved the entrance to the Fort Wayne facility from Freeman         St. to LaFontain St.

    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 his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

    2.    The Respondent shall implement the following plan for controlling fugitive         dust emissions:

        A. Continue to water areas where traffic generates fugitive dust during the dry

        season and maintain a log indicating such action.

        B. Install asphalt in the high traffic, high visibility (entrance-exit) area to reduce         and minimize fugitive dust. This installation shall be completed no later than September 30, 1997. Documentation of completion of the paving installation shall be submitted to IDEM no later than October 31, 1997. Following submission of the documentation, a representative of the Office of Air Management, IDEM will conduct an inspection at CSR Masolite to verify completion of the project.

        C. The asphalt area at the entrance and exit will be maintained by means of         watering and/or sweeping.

        D. Assess other traffic areas in the facility to include the use of dust controlling         material where necessary.

    3.    Respondent shall maintain a log of all water spraying activities and all applications of dust suppressant. This log shall be made readily available for review by compliance inspectors.

    4.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
        
        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 Two Thousand Six Hundred Dollars ($2,600.00). 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
            326 IAC 6-4-1                $2,000.00
            Order condition # 2(B)            $ 500.00

    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 (IC 13-7-13 prior to July 1, 1996).

    8.    Civil penalties 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
            IDEM
            100 N. Senate Avenue
            P. O. Box 7060
            Indianapolis, IN 46206-7060

    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, 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 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.

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



TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management        CSR Masolite

By: _________________________            By: _________________________
Patrick Carroll
Office of Enforcement                Printed: ______________________

                            Title: ________________________

Date: ________________________            Date: ________________________

COUNSEL FOR COMPLAINANT:            COUNSEL FOR RESPONDENT:
Department of Environmental Management

By: _________________________            By: ________________________
Office of Legal Counsel                
Department of Environmental Management

Date: _______________________            Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 199___.

                            For the Commissioner:

                            Signed May 19, 1997
                            Patrick Carroll
                            Director
                            Office of Enforcement

Converted by Andrew Scriven