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-4594
                            )
CRIDER & CRIDER, INC.,                )
                            )
        Respondent.                )

    2.    Respondent is Crider & Crider, Inc. (hereinafter referred to as "Respondent"), which operates a construction project located between County Road 750 and State Road 9, in Huntington, Indiana.

    3.    The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

            Robert E. Crider, President and Registered Agent
            Crider & Crider, Inc.
            1900 Liberty Drive
            Bloomington, IN 47403

    5.     Pursuant to 326 IAC 4-1-2, open burning is prohibited except as exempted by rule.

          On March 19, 1999, IDEM issued Respondent an approval letter which allows for the opening burning of untreated wood products provided an air curtain is used during burning.

         On May 13, 1999, a representative of IDEM conducted an inspection of the construction site located between County Road 750 and State Road 9, in Huntington, Indiana. At the time of this inspection, the inspector observed workers for Crider & Crider, Inc., engaged in the burning of stumps and other parts of cut trees without the use of an air curtain, a violation of 326 IAC 4-1-2.

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

    2.    Respondent shall comply with 326 IAC 4-1.

    3.    Respondent is assessed a civil penalty of One Thousand Dollars ($1000). 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.

          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 4-1                    $5000

    5.    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.

    6.    Civil 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 46207-7060

    7.    In the event that the civil penalty required by 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.

    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 2 years after the Effective Date of the Agreed Order.

TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management        Crider & Crider, Inc.

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 12/2/99___
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

Converted by Andrew Scriven