STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT OF
                ) SS:        ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
            Complainant,        )
                            )    
                v.            )    CAUSE NO.     B-2208
                            )
AZTECA MILLING, L.P., d/b/a             )
AZTECA MILLING COMPANY,     )
                        )
            Respondent.         )

    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.

1.    Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management ("IDEM"), a department of the State of Indiana created by IC 13-13-1-1.

     Respondent is Azteca Milling, L. P., d/b/a Azteca Milling Company, which owns and operates the Azteca wastewater treatment and land application facilities located north of Evansville at U.S. 41 and Baseline Road in Vanderburgh County, Indiana. On March 19, 1996, IDEM issued Land Application Permit No. IN LA 000562, which allows the Azteca Milling Company, under certain conditions, to land apply treated wastewater to farmland at 400 W. Baseline Road, adjacent to the corn flour production facility.

     Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail on September 2, 1997, to:
                    Mr. Gerardo Oseguera, Plant Manager
                    Azteca Milling, L.P.
                    dba Azteca Milling Company
                    15700 Highway 41
                    Evansville, Indiana 47711

     Administrative Rule 327 IAC 6-2-4 provides, in substance, that there shall be no discharge of pollutants into the waters of the state from a land application operation.

     Administrative Rule 327 IAC 5-2-2 provides, in substance, that any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge.

     Administrative Rule 327 IAC 6-4-1 provides, in substance, that application of wastewater from industrial or municipal sources shall be conducted under the supervision of a certified wastewater treatment plant operator licensed pursuant to 327 IAC 8 or, with the approval of the commissioner, a person with appropriate training in land application management practices and procedures.

     Administrative Rule 327 IAC 2-1-6(a)(1), Minimum Water Quality Standards, states, in part, that all waters at all times and at all places shall meet the minimum conditions of being free from substances and materials attributable to discharges that are in amounts sufficient to produce conditions in such a degree as to create a nuisance or in amounts sufficient to severely injure or kill aquatic life.

     IC 13-18-4-5 provides, in part, that it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of the state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters any organic or inorganic matter that causes or contributes to a polluted condition of any waters.

     IC 13-30-2-1 states, in substance, that no person may emit or allow or threaten to emit or allow any contaminant, either alone or in combination with contaminants from other sources, into the environment which causes pollution that violates rules, standards, or discharge requirements of the state.

     Land Application Permit No. IN LA 000562, Part I.A.8 states that land application of wastewater is prohibited within three hundred (300) feet of any body of fresh water or surface inlet to a subsurface drainage system.

     Land Application Permit No. IN LA 000562, Part I.A.12 states that land application of wastewater is prohibited when the moisture holding capacity of the soil is exceeded as a result of previous land application practices or precipitation occurrences.

     Land Application Permit No. IN LA 000562, Part I.A.13 states that land application of wastewater is prohibited when the soil and/or environmental conditions are conducive to runoff.

     327 IAC 2-6.1 requires Respondent, among other things, to report to IDEM the spill of any objectionable substances that are of a quantity, type, and present for a duration and in a location so as to damage the waters of the state. The spill report is to be communicated to the Department of Environmental Management, Office of Environmental Response: Area Code 1-888-233-7745 as soon as possible but within two (2) hours of discovery of the spill.

     On December 11, 1996, the Vanderburgh County Health Department investigated a citizen complaint and determined that process wastewater runoff from the Azteca land application area (Section 6, Twp 5S, R10W) entered Pond Flat Ditch. The wastewater discoloration and odor was noted as far as Nisbet Road (Section 28, Twp 4S, R11W). The discharge of wastewater to the ditch (waters of the state) constitutes violation of the above referenced Land Application Permit, as well as 327 IAC 6-2-4 and 327 IAC 5-2-2. The incident resulted in violation of Water Quality Standards 327 IAC 2-1-6(a)(1) as well as IC 13-18-4-5, IC 13-30-2-1 and 327 IAC 2-6.1. Upon notification to IDEM by the Health Department of the incident, IDEM informed Azteca Milling that land application of wastewater must cease until runoff conditions are no longer present.

     On January 29, 1997, IDEM Land Use Section staff visited Respondent's land application site and observed evidence of wastewater spray patterns within 300 feet of the local ditch. A letter was sent by the IDEM Land Use Section on February 18, 1997, requesting compliance with the set-back provision of Part I, Section 8 of the permit.

     On April 9, 1997, the IDEM Land Use Section received a complaint regarding discharge of wastewater from the Azteca property into Pond Flat Ditch. On April 10, 1997, the Vanderburgh County Health Department investigated and documented the corn processing wastewater runoff in the ditch. In addition, there was black wastewater from the land application area discharging from a PVC pipe to the ditch alongside Baseline Road. These discharges of wastewater constitute violation of the Land Application Permit and the above cited administrative rules. As a result of the investigation, land application that day was terminated. However, on the afternoon of April 11, 1997, Health Department staff returned to the site and determined that land application was again ongoing and runoff was entering the ditch. IDEM informed Azteca that the land

application permit specifically prohibits the application of wastewater when the soil and/or environmental conditions are conducive to runoff.

     On June 27, 1997, the IDEM Land Use Section received a citizen complaint that Pond Flat Ditch was black. IDEM notified the Vanderburgh County Health Department of the complaint on June 30, 1997. In response, a representative from the Vanderburgh County Health Department conducted an investigation of the Azteca land application site. The investigation revealed an ongoing discharge of black wastewater from the land application site through a 24-inch tile to the ditch which flows north to Pond Flat Ditch. There was land application of wastewater at the Azteca site at the time of the investigation. On July 1, 1997, IDEM representatives conducted an on-site investigation of this incident of discharge of wastewater from the Azteca land application site. It was determined that over-irrigation on saturated fields by Azteca resulted in surface and tile runoff to unnamed ditches along the railroad tracks. The discharge of wastewater to the ditch (waters of the state) constitutes violation of the above referenced Land Application Permit, as well as 327 IAC 6-2-4 and 327 IAC 5-2-2, and also violates Water Quality Standards 327 IAC 2-1-6(a)(1) as well as IC 13-18-4-5, IC 13-30-2-1 and 327 IAC 2-6.1.

     On July 10, 1997, Respondent informed IDEM that a new operator for the land application program had been hired. However, during an August 26, 1997, on-site investigation, IDEM staff learned that Respondent's land application system operator and substitute operator during the week of August 21, 1997, were not certified. Furthermore, an operator was not present during all times of land application to monitor field conditions. Failure to have a certified operator supervising the land application constitutes violation of 327 IAC 6-4-1.

     On August 21, 1997, at approximately 6:15 p.m., Vanderburgh County Health Department staff observed from State Road 41 that the Azteca land application irrigation system was spraying wastewater on the land application site, which had received heavy rain approximately 48-hours earlier resulting in wet weather soil conditions at the Azteca site that were conducive to run-off. At approximately 9:30 p.m. on August 21, 1997, the Scott Township Fire Department investigated and confirmed a citizen complaint that Pond Flat Ditch was running black. The black water was also observed in the ditch along Baseline Road and the railroad track near the Azteca land application site. On August 24, 1997, the Scott Township Fire Department investigated and confirmed a citizen complaint that Pond Flat Ditch was odorous and black at the Nisbet Road bridge downstream from the Azteca land application site. The local Conservation Officer determined that more than 5 miles of the ditch was affected. He traced the source of the pollution upstream to the Azteca land application site. He observed the remains of a black slick in the land application field coming all the way to the ditch on the east side of the land application site.

     On August 26, 1997, IDEM Environmental Response staff conducted an on-site investigation of the Azteca land application site. On August 27, 1997, IDEM Land Use Section staff reviewed records at the Azteca facility which showed that the automated irrigation of wastewater occurred for approximately 22 hours on both August 20, 1997, and August 21, 1997. IDEM staff observed black wastewater still ponded at the railroad bridge ditch. Suspended wastewater solids were still present at the Nisbet Road bridge, where Pond Flat Ditch was black with the fine black suspended solids and the accompanying odor. At the Frontage Road Bridge, near Interstate 64, Pond Flat Ditch was also black with the fine suspended solids. This discharge by Respondent of its wastewater constitutes violation of the above referenced Land Application Permit, as well as 327 IAC 6-2-4 and 327 IAC 5-2-2, and also violates Water Quality Standards 327 IAC 2-1-6(a)(1), as well as IC 13-18-4-5, IC 13-30-2-1 and 327 IAC 2-6.1.

     On August 27, 1997, IDEM staff of the Office of Water Management took samples of Respondent's wastewater treatment system. The sample analysis results revealed the Chemical Oxygen Demand of the corn milling wastewater after the hydrosieve screen was 28,500 mg/l. It was reduced to 12,300 mg/l after the second stage anaerobic digester prior to entry into the first open anaerobic lagoon. However the wastewater in the second lagoon, which is to receive aerobic treatment, remained at a Chemical Oxygen Demand of 8,500 mg/l as it moved in and out of the aerobic lagoon, which only had two of the four design system aerators in place. The wastewater from the aerobic lagoon contained less than 0.5 mg/l concentration of Dissolved Oxygen. The operations manual recommends the Dissolved Oxygen concentration be maintained at least near 2.0 mg/l. The aerobic lagoon wastewater was black with suspended solids, identical to the solids observed by Office of Water Management staff in more than10 miles of affected waterway, Pond Flat Ditch.
                                                
     On September 16, 1997, IDEM held an enforcement conference with Respondent pursuant to the Notice of Violation issued September 2, 1997. Respondent committed to improving its wastewater system and presented a set of preventive actions it agreed to implement to prevent wastewater discharges to local ditches. Respondent subsequently built a surface water retention unit, re-evaluated its wastewater storage, treatment and disposal, changed its contract laboratory and provided IDEM with monthly summaries of land application of wastewater data.

     On November 13, 1997, Respondent's consultant made short term and long term recommendations for improvements of Respondent's wastewater treatment system.

     On November 14, 1997, Respondent's treatment systems evaluation and plan of action was made available to IDEM. However, records submitted to Complainant by Respondent (which, as set forth below, Respondent contends were inaccurate) indicated that Respondent continued applying wastewater to fields without regard for the current

running total amount of available nitrogen applied per acre. Respondent is required by its Land Application Permit, Part IV.A.3.a., to keep a running total of the amount of available nitrogen applied per acre during the cropping season. On November 19, 1997, IDEM sent notice to Respondent, subsequent to verbal communication by the IDEM Land Use Section, citing Respondent's violations of Land Application Permit nutrient loading provisions. The notice also cited the permit requirements for frequency of analysis of land applied wastewater. Part III, Section A.2.a. limits available nitrogen application to 100 pounds per acre for soybeans and 50 pounds per cutting for hay. Four cuttings of hay would allow for the application of no more than 200 pounds of Plant Available Nitrogen per acre. The information provided by Respondent's operating reports for the first nine months of 1997 revealed that the cumulative average pounds of Available Nitrogen at Respondent's site was 406 pounds. All the fields on the 80 acre site had exceeded the Maximum Annual Land Application Rates for Pounds Available Nitrogen Per Acre.

    Respondent contends that records it previously provided to Complainant concerning nitrogen application levels were inaccurate due to unreliable laboratory analysis and/or handling of samples. On or about October 1, 1997, Respondent contracted with an independent laboratory to test land applied wastewater. Since October 1, 1997, the date the new laboratory began testing, Respondent's operating reports concerning application of nitrogen have consistently been below the Maximum Annual Land Application Rates for Plant Available Nitrogen Per Acre. Because Respondent believes that prior records concerning nitrogen application to the fields were erroneous, Respondent disputes Complainant's contention that it ever exceeded Maximum Annual Land Application Rates for Plant Available Nitrogen Per Acre.

     Part IV, Section A.1.c. of the permit requires a representative sample of wastewater be analyzed for each calendar week in which land application occurs. This representative sample shall be collected and analyzed for Volatile Solids, BOD, Total Nitrogen, Ammonia Nitrogen, and Nitrate Nitrogen. Respondent's reports for the first nine months of 1997 revealed failure to sample its wastewater each week of land application. There were a total of twelve (12) calendar weeks in which land application of wastewater occurred in which Respondent failed to provide the required sample analysis data in its land application reports.

     On December 16, 1997, IDEM staff conducted an inspection of the Azteca site and observed discolored water in Baseline County Road Ditch. It was determined that a release of process wastewater occurred from the Azteca land application area and entered Baseline County Road Ditch, a tributary of Pond Flat Ditch. Less than a mile of the tributary appeared to be affected. Respondent conducted testing in the ditch and the results were forwarded to IDEM. Respondent's discharge of wastewater to the ditch constitutes violation of the above referenced Land Application Permit, as well as 327 IAC

6-2-4 and 327 IAC 5-2-2, and also violates Water Quality Standards 327 IAC 2-1-6(a)(1), as well as IC 13-18-4-5, IC 13-30-2-1 and 327 IAC 2-6.1.
    
     On January 13, 1998, during an inspection of Respondent's land application area, IDEM staff observed wastewater from Respondent's land application site on either side of Baseline Road, West of the Railroad Bridge, in Baseline County Road Ditch, a tributary of Pond Flat Ditch. Based upon reports from Azteca personnel, Respondent's irrigation pump was allowed to run unattended for more than eleven (11) hours, beginning at 4:00 p.m., January 12, 1998. As a result, Respondent applied over two hundred thousand (200,000) gallons of wastewater onto already-wet fields, thereby causing an illegal discharge of process water from its land application area to Baseline County Road Ditch and Pond Flat Ditch. A certified operator was not present during all times of irrigation system operation. Respondent contends that immediately upon discovery that the irrigation system had been left on overnight, Respondent ceased land applying wastewater. Respondent took steps to contain the spill and contacted outside contractors to provide support to pump discharged wastewater out of the ditches and back to the lagoon.

     On January 21, 1998, IDEM issued to Respondent a Notice of Unlawful Acts and Order to Cease and Desist Unlawful Acts based on the discharge incidents occurring on December 16, 1997, and January 13, 1998. IDEM determined that further land application activity conducted by Azteca Milling, L.P. was likely to result in a release of process wastewater to waters of the state, and therefore, Azteca Milling, L.P. was violating or was about to violate several provisions of the Indiana Administrative Code and the Indiana Code, including IC 13-18-4-5.

29.    Subsequent to the January 13, 1998 discharge incident, Respondent changed operator personnel at its wastewater facility. Respondent also made arrangements for sending a portion of its lagoon treated wastewater to the City of Evansville sanitary sewer system as a wet weather alternative to land application disposal. In the Spring of 1998, a connection to the Evansville sewer system was completed and used as an alternative disposal option for its aerated lagoon final effluent when the weather conditions were not conducive for disposal by land application. Respondent has advised Complainant that a substantial portion of its wastewater is now disposed of through the City of Evansville's sewer system. As such, Respondent no longer has to rely exclusively on land application to dispose of its wastewater.

     On March 10, 1998, March 16, 1998, April 6, 1998, and April 16, 1998, the IDEM inspections noted that puddles of black water needed to be eliminated at the base of the lagoon berm.

     During the Spring of 1998, an anaerobic lagoon plastic cover was constructed by Respondent to help control odorous volatile wastes at a cost to Respondent of approximately $500,000. In addition, in the Spring of 1998, Respondent also began applying an additive to the anaerobic lagoon to increase biodegradation of organic matter which has helped reduce sludge and odor in the wastewater. In addition, Respondent terminated its contractual relationship with MRV Engineering to operate Respondent's wastewater treatment facility. Since August 1, 1998, Respondent has exercised total control over the facility which is managed by two certified operators who provide 5 day per week, 24 hour per day coverage. Since that date, no notice of violation of the permit has been issued by the Complainant.

     Indiana Administrative Code 327 IAC 6 was revised as 327 IAC 6.1, effective June 14, 1998.

     Pursuant to IC 13-30-3-3(c), entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.

     34. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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 shall comply with all terms and conditions of Land Application permit No. IN LA 000652 and all applicable sections of the Indiana Code and the Indiana Administrative Code referenced in the Findings of this Agreed Order.

3.    Respondent shall maintain compliance with the Permit and Indiana Administrative Code 327 IAC 6.1-4-3 requirement that land application of biosolid or industrial waste product be conducted under the supervision of a certified wastewater treatment plant operator licensed under 327 IAC 8.

     Respondent shall manage its wastewater treatment and disposal operation to assure that:

     a) the certified operator, or staff directly under his supervision, is present during any land application activities,

    b) land application monitoring records are available on-site for inspection review, and

    c) monthly summaries and monitoring data of the land application activity for each crop acreage are submitted to IDEM by the 28th day of the month following the monitoring period.

5.    Respondent shall manage its land application sites to prevent the occurrence of wastewater discharges from the site tile systems.

6.    Respondent shall, within forty five (45) days of the Effective Date of this Agreed Order, remove any dead trees near the base of the lagoons and repair the treatment lagoon walls from any root damage, or other source of damage, which may be contributing to pooling of water outside the southwest corner area. Within ten (10) days, thereafter, Respondent shall submit to IDEM a summary statement to verify completion of the items of this paragraph, and include a copy of Respondent's lagoon system operation and maintenance procedures that assure regular maintenance of the lagoons and continued monitoring of the amount of sludge in the lagoons. If sludge removal is required in any of the lagoons, Respondent shall contract with a licensed outside company to complete such removal.

7.    Respondent shall monitor the Dissolved Oxygen concentration in its aerobic lagoon at least three (3) times per week and maintain a minimum Dissolved Oxygen concentration of 2.0 mg/l. Respondent shall have its monitoring records available for inspection.

8.    Within ninety (90) days of the Effective Date of this Agreed Order, Respondent shall complete the following:

        a) assure that overflows from the primary sump pump have been eliminated,

        b) evaluate the necessity/feasibility of installing additional clarification or equalization prior to the centrifuge,

        c) evaluate the necessity/feasibility of installing integrated speed pump controls in the main pit pump for more consistent level control,

        d) evaluate the necessity/feasibility of installing a re-circulation line from aerobic lagoon to anaerobic lagoon, and     

        e) evaluate the need to regularly inspect both anaerobic tanks to assure internal piping and nozzle integrity.
        
    Within one hundred (100) days of the Effective date of this Agreed Order, Respondent shall submit to IDEM a summary statement to verify completion of each of the items of paragraph 8.

9.     During each month that Respondent land applies wastewater during a one year period beginning on the Effective Date of this Agreed Order, Respondent shall monitor its East and North perimeters of its land application site during land application activities and check the field tile drainage outfalls to the surface ditch running parallel to the railroad track and the field tile outfalls to Baseline Road Ditch, including the outfall referenced in Finding 16 above, which is a 4-inch pvc tile located approximately 400 feet west of the railroad. Respondent shall keep a log of its tile monitoring available on-site and a copy is to be submitted to the IDEM Land Use Section as information per this Agreed Order attached to the monthly land application program reports. If Respondent finds any evidence of its wastewater entering these perimeter ditches as the result of short circuiting of wastewater from its land application program to any broken tile on its property, Respondent shall immediately implement corrective action and give an account of preventive actions taken in the monthly report.

10. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
                Chief, Water Section , Office of Enforcement
                Indiana Department of Environmental Management
                100 N. Senate Avenue
                P. O. Box 6015
                Indianapolis, IN 46206-6015

     Respondent is assessed a Civil Penalty of Eighty Two Thousand Dollars ($82,000). Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay an up front civil penalty of Thirty Two Thousand Dollars ($32,000). The payment shall be remitted to the Environmental Management Special Fund as directed in paragraph 14. The remaining Fifty Thousand Dollars ($50,000) is offset by Respondent having already completed a Supplemental Environmental Project consisting of the construction of the plastic cover on the anaerobic lagoon to help control odors at a cost of approximately $500,000.

12.    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
             Paragraph 3     Failure to employ a Certified Operator    $3,000 per week
                    
        Paragraph 4a    Failure to have a Certified Operator or     $3,000 per day
                staff directly under his supervision present
                during operation of land application

        Paragraph 4b    Failure to have land application         $ 500 per day
                records available for inspection

        Paragraph 4c    Failure to submit monthly summaries    $ 500 per week late
                and monitoring data in a timely manner

        Paragraph 5    Failure to prevent wastewater discharges    $5,000 per incident
                from tile

        Paragraph 6    Failure to complete lagoon maintenance    $ 500 per day delay

        Paragraph 6    Failure to submit documentation        $ 250 per week late
                of completion of lagoon repair or
                to submit O & M procedures

        Paragraph 7    Failure to maintain Dissolved Oxygen     $ 750 per incident
                concentration of 2 mg/l, failure to monitor
                at the specified frequency, or failure to have
                monitoring records available for inspection.

        Paragraph 8    Failure to complete items            $ 250 per week late

        Paragraph 9    Failure to submit tile monitoring results     $ 750 per discharge month not sampled
        
        Paragraph 9    Failure to notify IDEM of follow up actions    $ 500 per week delay
                                        
13.    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 Respondents for violation of the Agreed Order. In lieu of assessment of the stipulated penalty 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.

14.    Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number (B-2208) of this action and shall be mailed to:    

                IDEM Cashier
                100 N. Senate Avenue
                P.O. Box 7060
                Indianapolis, Indiana 46207-7060.

15.    In the event that the civil penalty amount required by paragraph 11 is not paid when due, Respondent shall pay interest on the unpaid, overdue 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.

16.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assignees. 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.

17.    In the event that any terms of this 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.

18.    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.

19.    This Agreed Order shall remain in effect for a period of 2 years and Complainant has issued a close-out letter to Respondent.

TECHNICAL RECOMMENDATION            RESPONDENT
                                Azteca Milling, L.P.

By: _________________________                By: _________________________
    Mark W. Stanifer, Chief                    
    Water Enforcement Section                Printed: ______________________
    Office of Enforcement                
    Department of Environmental            Title: ______________________
     Management

Date: _______________                    Date: ______________________

COUNSEL FOR COMPLAINANT        COUNSEL FOR RESPONDENT

By: _________________________                By: _________________________
    Hala Silvey                            Marco L. DeLucio
    Office of Legal Counsel         Ziemer, Stayman, Weitzel &
    Department of Environmental                Shoulders, LLP
     Management

Date: _______________                    Date: _______________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _______ DAY OF _______________________, 1999.

                            For the Commissioner:

                            ___signed May 3, 1999____
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement