STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2005-14798-H
					)
UNIVERSAL BLOWER PAC, INC.,					)
					)
Respondent.					)

AGREED ORDER

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.

I. FINDINGS OF FACT

1. Complainant is the Commissioner (“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 Universal Blower Pac, Inc. ("Respondent"), which owns and operates the facility with U.S. EPA ID No. INR 000 015 636, located at 440 Park 32 West Drive, in Noblesville, Hamilton County, Indiana (“Site”).

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

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

Mr. Ray Feichter, President	Mr. Michael Antrim, Registered Agent
Universal Blower Pac, Inc.	Universal Blower Pac, Inc.
440 Park 32 West Drive	938 Conner Street
Noblesville, Indiana 46060	Noblesville, Indiana 46060

5. Respondent notified the U.S. EPA and IDEM of Small Quantity Generator (SQG) activities at the Site on April 17, 1998. IDEM has no indication that Respondent ceased SQG activities at the Site in 2004, and thus believes that Respondent was required to submit a 2004 annual manifest report by March 1, 2005.

6. IDEM developed annual manifest reporting forms called the ID Form and the Form OS.

7. A Violation Letter was issued to Respondent on May 3, 2005, stating that IDEM had not yet received Respondent’s 2004 annual manifest report and requiring that it be submitted within thirty (30) days.

8. A review of IDEM records pertaining to the Site was conducted on August 17, 2005, by a representative of IDEM. The following violation was in existence or observed at the time of this record review:

Pursuant to IC 13-22-4-3.1(b), an SQG, i.e., a person that generates, in any one or more calendar months of a calendar year:

a) more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;

b) less than one (1) kilogram of acute hazardous waste; or

c) less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or

accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste shall, before March 1 of each year, submit to the department on forms provided by the department, a report that summarizes the person's hazardous waste shipments during the previous calendar year.

As of August 17, 2004, Respondent had not submitted a 2004 annual manifest report.

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

II. 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. Within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall submit an annual manifest report for 2004, including the ID Form and the Form OS. The Form OS and instructions to the ID Form and Form OS can be obtained from IDEM’s web site at www.IN.gov/idem/land/hazwaste/manifest/amr.html. Both the Form OS and the ID Form can be obtained upon request at:

Indiana Department of Environmental Management

Facilities Data Analysis Section

100 North Senate Avenue Mail Code 66-20

Indianapolis, IN 46204-2251

3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Ms. Lori Colpaert, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Enforcement Mail Code 60-02

100 N. Senate Avenue

Indianapolis, IN 46204-2251

4. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

Violation	Penalty
Failure to comply with Order paragraph 2	$100 per week late

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. Stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management

Cashier’s Office Mail Code 50-10C

100 N. Senate Avenue

Indianapolis, IN 46204-2251

7. This Agreed Order shall apply to and be binding upon the Respondent, its successors 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.

8. 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.

9. 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.

10. This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management
By:	___________________		By:		____________________
	Nancy L. Johnston, Chief
	Office of Enforcement		Printed:		____________________
Date:	____________________		Date:		____________________
COUNSEL FOR COMPLAINANT:			COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:	______________________		By:	________________
	Office of Legal Counsel
Date:	_____________________		Date:	________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF				, 200	.
			For The Commissioner:
			Adopted 11/16/05
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement