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

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
            Complainant.            )
                            )    CAUSE NO. SW-30
            v.                )
                            )
CITY OF EVANSVILLE                )

    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, a department of the State of Indiana created by IC 13-13-1-1.

2.    Respondent is the City of Evansville, a municipal corporation (hereinafter referred to as "Respondent"), who owns the Saint Joseph Avenue Landfill (Moutoux Park) on Saint Joseph Avenue, Evansville, located in Vanderburgh County, Indiana (“the Site”).

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

4.    On July 1, 1998, the IDEM and the City of Evansville entered into an Agreed Order (Cause No. SW-30), requiring correction of identified problems at the site.

1.    Any item from the July 1, 1998, adopted Agreed Order which is not specifically revised by this Amendment remains fully in effect.

2.    As a Supplemental Environmental Project (SEP) Respondent agrees to pay $14,000 to the Vanderburgh County Health Department, to be used to fund clean-up operations at the open dump located at 2910 South Red Bank Road, Evansville, Vanderburgh County, Indiana. Respondent shall complete this transaction on or before September 15, 1998. Upon completion of this transaction, Respondent shall submit written notice and documentation to IDEM, which substantiates that the transfer is complete. In the event that Respondent does not complete this transaction on or before September 15, 1998, Respondent shall pay $14,000 as a civil penalty to IDEM. This payment will be due within fifteen (15) days from receipt of IDEM's notice to pay.

3.    This Amendment to the Agreed Order shall have no force or effect until approved by the Commissioner. Compliance with the provisions of this Amendment to the Agreed Order shall constitute a final resolution of the same.

TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management

By:___________________________        By:____________________________
Paul Higginbotham                 Honorable Frank McDonald II
Section Chief                     Mayor of Evansville
Office of Enforcement
                            Title:__________________________

Date:_________________________            Date:__________________________

COUNSEL FOR COMPLAINANT:            COUNSEL FOR RESPONDENT:
Department of Environmental Management

By:___________________________        By:____________________________
Office of Legal Counsel                 Toby D. Shaw
Department of Environmental Management     Corporate Counsel

Date:__________________________        Date:___________________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS __________ DAY OF __________________, 1998.

                            For the Commissioner:

                            Adopted 8/31/98
                            _________________________
                            David J. Hensel
                            Director
                            Office of Enforcement

Converted by Andrew Scriven