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

IN THE MATTER OF:            )
                        )
COMMISSIONER,                )
INDIANA DEPARTMENT OF        )
ENVIRONMENTAL MANAGEMENT,    )
                        )
            Complainant,        )
                        )            CAUSE NO.: H-145
    vs.                    )
                        )
ROGERS CARTAGE COMPANY,        )
                        )
            Respondent.        )

AMENDMENT TO AGREED ORDER OF AUGUST 28, 1992

    Come now the parties of this cause, and desiring to modify and amend the Agreed Order entered in this cause on August 28, 1992, hereby consent to the following amendment to the Agreed Order of August 28, 1992.

Agreed Modification

    This Amendment is provided as an addition to the Agreed Order of August 28, 1992 and shall be, in all events so construed. This Amendment shall be effective ("effective date") when approved by the Commissioner of the Indiana Department of Environmental Management or his delegatee, and received by the Respondent. Upon the effective date, this Amendment shall be attached to the Order of August 28, 1992 and shall constitute a part of that Order for all purposes as if it had been entered originally as a part of the Order of August 28, 1992.

1.    As an alternative to the requirements of paragraph 17 of the Order of August 28, 1992, within ninety (90) days of the effective date of this agreement, Rogers Cartage Company ("Rogers Cartage") may submit to the Indiana Department of Environmental Management ("IDEM") a health based risk assessment ("risk assessment") concerning the property which is the subject of this cause.

2.    Rogers Cartage agrees to pay the costs incurred by a third party, which shall be chosen by the Indiana Department of Environmental Management, for review of the risk assessment submitted by Rogers Cartage. IDEM agrees to confer with Rogers Cartage, prior to making a final selection of the third party to review the risk assessment.

3.    Rogers Cartage shall, either at the time of submission of the risk assessment, or within ninety (90) days of IDEM's approval of the risk assessment, provide a remedial action plan setting forth the proposed methods of clean-up and levels of clean-up to be attained based upon the findings of the risk assessment.

4.    Within thirty (30) days of completion and certification of clean-up, Rogers Cartage shall record a notation on the deed of the property that clearly indicates that the property has been cleaned to levels appropriate for use as an industrial site, and that, absent additional clean-up, the property may only be used for industrial purposes in the future.

5.    In the event that Rogers Cartage fails to submit a risk assessment within ninety (90) days of the effective date of this agreement, the terms of this Amendment shall be void in their entirety, and have no force or effect on any prior agreement of the parties.

    Modification of the August 28, 1992 Agreed Order is limited to the items specifically addressed in this document. All remaining portions of the Agreed Order remain in full force and effect. Rogers Cartage, by the duly authorized undersigned, hereby agrees to the foregoing modifications and agrees to be bound by the provisions contained in the Modified Agreed Order when issued by the Commissioner.

TECHNICAL RECOMMENDATION            ROGERS CARTAGE COMPANY

By:    ________________________             By:    _____________________
    Nancy Johnston, Acting Chief
    Hazardous Waste Enforcement

Date:    ________________________            Date:    _____________________

ATTORNEY FOR IDEM                    ATTORNEY FOR RESPONDENT

By:    ________________________            By:    _____________________
    Scott R. Storms                        James Latta
    Office of Enforcement                    Counsel for Rogers Cartage

Date:    ________________________            Date:    _____________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT this _______ day of _____________ 1997.

                            FOR THE COMMISSIONER
                            Signed on 9/12/97
                            ________________________
                            David Hensel, Director of
                            Office of Enforcement

Converted by Andrew Scriven