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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-4199
                            )
VESTIL MANUFACTURING COMPANY,    )
                            )
        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 Vestil Manufacturing Company (hereinafter referred to as "Respondent"), which owns and operates a material-handling and loading-dock equipment manufacturing operation at 2999 North Wayne Street, Angola, 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:

        Donald C. Trine, President            Ralph Trine, Resident Agent
        Vestil Manufacturing Company        Vestil Manufacturing Company
        465 Bath Mills                2999 North Wayne Street
        Albion, Michigan 49224            P.O. Box 570
                                Angola, Indiana 46703    

    5.    Rule 326 IAC 2-1-2 requires, in part, that no person construct or operate a source, facility, or modification with allowable emissions of less than twenty-five (25) tons per year and greater than twenty-five (25) pounds per day of particulate matter without first applying for and obtaining a registration to operate the source or facility from the commissioner.

    6.    Designated representatives of IDEM conducted a records review on November 20, 1998. During that records review it was determined that the Respondent constructed and operated fifteen (15) welding stations and twenty-eight (28) oxyacetylene-flame cutting torches with allowable emissions of less than twenty- five (25) tons per year and greater than twenty-five (25) pounds per day of particulate matter without first applying for and receiving the required registration, a violation of 326 IAC 2-1-2.

    7.    Rule 326 IAC 2-7-3 requires, in part, that no Part 70 source operate after the time that it is required to submit a timely and complete Part 70 application.

          During the records review referred to in paragraph 6, it was determined that the Respondent continued to operate after it was required to submit a timely and complete Part 70 application, a violation of 326 IAC 2-7-3.

          Rule 326 IAC 2-7-4 requires, in part, that a Part 70 source submit a timely and complete application no more than twelve (12) months after U.S. E.P.A. approval of the Part 70 program. That due date was December 13, 1996.

          During the records review referred to in paragraph 6, it was determined that the Respondent had failed to submit its Part 70 application by December 13, 1996, a violation of 326 IAC 2-7-4.

          The Respondent submitted its Part 70 application to IDEM on September 17, 1997.
    

    12.    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.    Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000). 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.

    3.    Civil 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 46207-7060

    4.    In the event that the civil penalty required by paragraph 2 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.    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.

    6.    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.

    7.    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.

    8.    This Agreed Order shall remain in effect until the civil penalty assessed in paragraph 2 has been paid by the Respondent.

TECHNICAL RECOMMENDATION:        VESTIL MANUFACTURING
Department of Environmental Management        COMPANY:

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                
Department of Environmental Management

Date: _______________________            Date: ______________________

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

                            
                            For the Commissioner:
                            

                            Signed on 04/26/99
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement
                            

Converted by Andrew Scriven