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. SW-281(a)
                            )    
GEORGIA-PACIFIC CORPORATION        )        
                            )
        Respondent.                )

     2.    Respondent is Georgia-Pacific Corporation, (hereinafter referred to as "Respondent") who owns property located on the east side of Clark Street near west Birch Avenue, Gary, Lake County, Indiana (hereinafter referred to as "the Site").

     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 on November 14, 1996, to:

    Georgia-Pacific Corporation        Resident Agent: CT Corporation System
    A.D. Cornell, President                 One North Capitol
    133 Peachtree Street NE                 Indianapolis, IN 46204
    Atlanta, GA 30303
        
5.     IDEM conducted inspections on June 6, June 8, September 15, September 21, November 3, 1995, and January 11 and July 25, 1996.

     6.    During the above noted inspections, the Respondent was found in violation of:

    A.     329 IAC 10-4-2 (329 IAC 2-4-2 prior to April 13, 1996), which states: "No person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination." This violation is based on the fact that during these inspections, it was observed solid waste including construction demolition waste, plastics, shingles, insulation, insulated wire, metal, tires, white goods, and contaminated automotive debris (auto fluff) had been dumped at the Site.

         B.    329 IAC 10-4-3 (329 IAC 2-4-3 prior to April 13, 1996), which states: "Open dumping and open dumps, as those defined in IC 13-11-2-146 and -147 (IC 13-7- 1-16 prior to July 1, 1996) are prohibited." This violation is based on the fact that during these inspections, it was observed solid waste including construction demolition waste, plastics, shingles, insulation, insulated wire, metal, tires, white goods, and contaminated automotive debris (auto fluff) had been dumped at the Site.

    C.    IC 13-30-2-1(3) [IC 13-7-4-1(3) prior to July 1, 1996], which states that a person may not: "Deposit any contaminants upon the land in a place and manner that creates or which would create a pollution hazard that violates or would violate a rule adopted by one (1) of the boards." This violation is based on the fact that during these inspections, it was observed solid waste including construction demolition waste, plastics, shingles, insulated, coated wire, metal, tires, white goods, and contaminated automotive debris (auto fluff) had been dumped at the Site.

    D.    IC 13-30-2-1(4) [IC 13-7-4-1(3) prior to July 1, 1996], which states that a person may not: "Deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board." This violation is based on the fact that during these

inspections, it was observed solid waste including construction demolition waste, plastics, shingles, insulated, coated wire, metal, tires, white goods, and contaminated automotive debris (auto fluff) had been dumped at the Site.

    E.    IC 13-30-2-1(5) [IC 13-7_4-1(4) prior to July 1, 1996], which states that a person may not: "Dump or cause or allow the open dumping of garbage or any other solid waste in violation of rules adopted by the solid waste management board." This violation is based on the fact that during these inspections, it was observed solid waste including construction demolition waste, plastics, shingles, insulated, coated wire, metal, tires, white goods, and contaminated automotive debris (auto fluff) had been dumped at the Site.

7.    On June 5, 1997, IDEM issued a letter informing the Respondent the contaminated automotive debris (auto fluff) was determined to be special waste under 329 IAC 10-2- 179 and not hazardous waste as referenced in the November 14, 1996, Notice of Violation.
    
8.    On November 3, 1997, the Respondent began removing solid waste from the Site.

9.    IDEM inspection conducted on November 6, 1997, found all solid waste removed from the Site.

10.    The Respondent claims the solid waste which was removed from the Site had been dumped by a third party without the permission of the Respondent.

11.    Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violations herein.

12.     On December 19, 1997, IDEM received a Closure Report from the Respondent that contained copies of waste manifests and analytical data obtained from the soils located underneath the auto fluff.

13.    This Agreed Order addresses only the solid waste open dumping violations specifically listed in the November 14, 1996, Notice of Violation. The solid waste included construction/demolition waste, plastics, shingles, insulation, insulated wire, metal, tires, white goods, and contaminated automotive debris (auto fluff).

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

     2.    Respondent shall maintain compliance with all applicable laws and rules from the date of issuance of this Agreed Order.
    
3.    This Agreed Order shall apply to and be binding upon the Respondent, its          officers, directors, principals, agents, successors, subsidiaries, and assigns. The      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.

4.    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.

5.    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 by contract require that all contractors, firms, and other persons          acting for it comply with the terms of this Agreed Order.

6.    This Agreed Order shall remain in effect until the Respondent has complied with          all terms and conditions of this Order.

    
TECHNICAL RECOMMENDATION:        GEORGIA-PACIFIC CORPORATION
Department of Environmental Management

By: _______________________            By: _____________________
Paul Higginbotham, Chief
Solid Waste Section                Printed: __________________
Office of Enforcement            
                            Title: ____________________

Date: ______________________            Date: ____________________

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 ________, 1998.

                            For the Commissioner:

                            __Signed on 9/9/98___
                            David J. Hensel
                            Director
                            Office of Enforcement

Converted by Andrew Scriven