STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS:

COUNTY OF MARION ) OF ENVIRONMENTAL MANAGEMENT

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Cause No. N-238

)

BLUE LAKE, INC., JACK D. AND )

BEVERLY HURT, DAIMLERCHRYSLER f/k/a )

CHRYSLER CORPORATION, )

INDIANAPOLIS FOUNDRY, KENNETH SMOCK )

ASSOCIATES, INC., THOMAS M. FANSLER, JR. )

)

Respondents. )

The Commissioner and the Respondents, desire to settle and compromise this action without hearing or adjudication of any issue of fact or law. Additionally, the parties desire to facilitate and encourage the future beneficial reuse and redevelopment of the Blue Lake site that is the subject of this action, by having the site addressed in a manner that is fully protective and that allows for flexibility in the manner of closing the site, and by not taking actions that would create any stigma to the site. Accordingly, the parties hereby consent to the entry of the following Findings of Fact and Order. This document shall not constitute an admission of liability by any party hereto.

Upon the consent of the parties hereto, the following findings are made:

1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management (hereinafter referred to as "IDEM"), a department of the State of Indiana created by IC 13-7-2-11.
2. Complainant has jurisdiction over the Respondents and the subject matter of this action.
3. The Respondents are Blue Lake, Inc. and Daimler Chrysler f/k/a Chrysler Corporation ("Chrysler Corporation"), both companies authorized to do business in Indiana, which operate places of business at Indianapolis, Indiana, Kenneth Smock Associates, Inc. and Jack D. and Beverly Hurt. Chrysler Corporation's EPA identification number is IND 087 032 611. Blue Lake, Inc.'s EPA identification number is IND 046 107 157.
4. Respondent Blue Lake, Inc. and Jack D. and Beverly Hurt own property upon which a solid fill site is and at all times material hereto was operated. The solid fill site is commonly referred to as Blue Lake ("the Facility") and is located in a part of the Southwest Quarter of Section 9 and a part of the Northwest Quarter of Section 16, all in Township 15 North, Range 3 East, Marion County, Indiana. The Blue Lake Site is defined by the document attached to and incorporated into this Agreed Order as Exhibit A.
5. On August 7, 1985, Ralph C. Pickard, Technical Secretary of the Environmental Management Board of the State of Indiana, issued a "Complaint, Notice of Hearing, and Proposed Final Order" to the Respondents under Cause Number N-238.
6. On April 1, 1986, the powers and duties relative to issuance of Complaints and initiating enforcement actions for violations of the Environmental Management Act (IC 13-7 et seq.) and the rules duly promulgated thereunder were transferred to the Commissioner of the Indiana Department of Environmental Management by P. L. 143, Acts of 1985, P. L. 112, Acts of 1986 and P. L. 118, Acts of 1986. Those powers and duties were further amended in P. L. 160, Acts of 1987.
7. Pursuant to IC 13-7-11 and based on investigations of Chrysler Corporation, Indianapolis Foundry, conducted on February 12, 1985, and the Facility, conducted on February 15, 1985, by the Office of Solid and Hazardous Waste Management (OSHWM) of the IDEM, IDEM alleges that the Respondents violated the Indiana Hazardous Waste Management Program, IC 13-7 et seq., and 329 IAC 4.1 and 320 IAC 4. Subsequent to the above-noted inspections, the Indiana Hazardous Waste Management Rules were recodified under 329 IAC 3.1. Federal regulations found in 40 CFR 260 through 270 have been incorporated in the Indiana rules. Where exceptions to incorporated Federal regulations are necessary, the exceptions will be noted in the text of 329 IAC 3.1-1-7.
8. On June 28, 1987, Nancy A. Maloley, Commissioner of the IDEM, issued a "Notice of Violation, Amended Complaint and Order." Said document, and the 1985 Complaint referenced in Finding number 5 above, contain Findings of Fact. These findings, while not admitted by Respondents, are alleged as an underlying basis for the Commissioner's claims in this proceeding.
9. The Notice of Violation, Amended Complaint and Order of June 28, 1987 is supplemental to and an amendment of the Complaint issued on August 7, 1985.
10. Based on an investigation of Chrysler Corporation, Indianapolis Foundry on February 12, 1985, and of Blue Lake, Inc. on February 15, 1985, by the OSHWM, IDEM alleges that hazardous waste (D006 and D008 wastewater treatment sludge) from Chrysler Corporation was being deposited prior to February 20, 1984, at the Facility. Given that Blue Lake, Inc. allegedly received hazardous waste for deposition at the Facility without having received a hazardous waste management permit pursuant to IC 13-7 and 329 IAC 3.1-13, IDEM alleges Respondents Blue Lake, Inc. and Jack D. and Beverly Hurt are responsible for closure of the Facility pursuant to 329 IAC 3.1-9 and 40 CFR Part 264.
11. Violations alleged against the Respondent Chrysler Corporation are limited to disposal of hazardous waste at the Blue Lake site. As part of resolution of this matter Chrysler Corporation has agreed to undertake remediation, closure, and post-closure activities at the Blue Lake site. The IDEM recognizes that by entering into this Agreed Order, Chrysler is assuming only those legal requirements that are specifically set forth in this agreement.
12. An excavation associated with the storm water detention basin is located on the Blue Lake Site. Storm water basin piping will be installed through the Blue Lake Site. Soil stockpiled on the Blue Lake Site from the excavation of the storm water detention basin and soils related to the piping installation will be retained on site and used to backfill the excavation. The soil stockpile and backfill will be addressed through this Agreed Order.
13. Pursuant to IC 13-7-11-2(b), IDEM issued a Notice of Violation via Certified Mail to:

Mr. J. D. Hurt, President and Resident Agent

Blue Lake, Inc.

3023 West Morris Street

Indianapolis, IN 46241

 

 

Mr. Thomas M. Fansler, Jr. , President and Resident Agent

Kenneth Smock Associates, Inc.

2910 West Minnesota

Indianapolis, IN 46241

C. T. Corporation, Resident Agent

Chrysler Corporation

One North Capitol Avenue

Indianapolis, IN 46204

Jack D. Hurt

c/o Blue Lake, Inc.

3023 West Morris Street

Indianapolis, IN 46241

Mr. H. K. Sperlich, President

Chrysler Corporation

12000 Chrysler Drive

Highland Park, MI 48203

Thomas M. Fansler

c/o Kenneth Smock Associates, Inc.

2910 West Minnesota

Indianapolis, IN 46241

Beverly Hurt

c/o Blue Lake, Inc.

3023 West Morris Street

Indianapolis, IN 46241

14. Based on an inspection conducted by IDEM on January 13, 1995, Respondent, Chrysler Corporation, has erected a security fence on the South parcel at the Facility and has installed a gate preventing vehicular access at the North parcel of the Facility. The fence and gate are satisfactory to IDEM.

WHEREFORE, based upon the Findings of Fact and upon the consent of the parties, it is hereby ORDERED that:

1. Upon the effective date of the Order, Respondent Chrysler Corporation's Indianapolis Foundry shall properly manifest all off-site shipments of hazardous waste to a permitted treatment, storage, or disposal facility.
2. Upon the effective date of the Order, Respondent Chrysler Corporation's Indianapolis Foundry shall only offer hazardous waste to transporters or to treatment, storage, or disposal facilities which have received EPA I.D. numbers.
3. Upon the effective date of the Order, Respondent Chrysler Corporation's Indianapolis Foundry shall maintain the fence in accordance with 40 CFR 264.117(b) (1 and 2) and shall provide and maintain signs bearing the words "No Trespassing - If you see a trespasser, call (phone number to be supplied) 24 hours day" for the entire closure and post-closure period. The phone number and actions to be taken will be included in the contingency plan required in paragraph 4 iii. below.
4. Respondent Chrysler Corporation shall submit to IDEM for approval a Closure Plan consistent with 40 CFR 264.112, and intended to satisfy the closure performance standard pursuant to 40 CFR 264.111. 40 CFR 264.111 and 264.112 shall be interpreted consistent with paragraphs 4 (ii, vi and vii) and 8 of this Agreed Order, and shall not be interpreted to require closure activity consisting of more than the cover described in paragraph4(v) and the groundwater monitoring described in paragraph 4(vii) unless the results of the risk assessment described in paragraph 4(ii) show that such additional activity is needed for closure to be protective of human health. If at any time, Respondent Chrysler Corporation finds any incinerators, waste piles, land treatment units, surface impoundment's, tanks, containers or miscellaneous units are present, they shall notify IDEM of their existence and location. Respondent Chrysler Corporation shall supplement the Closure Plan to provide for risk based closure of any such features consistent with this paragraph, and shall provide for the risk based closure care of such features pursuant to Order paragraph 6. The Closure Plan shall satisfy all closure requirements by providing the following items described below, which shall be submitted and implemented in the following order, in accordance with a timetable to be submitted to IDEM for its written approval within thirty (30) days of the effective date of the Order:

1. a work plan for the evaluation of the distribution and character of Chrysler-deposited material from the Indianapolis Foundry wastewater treatment plant, which IDEM alleges is hazardous waste (D006 and D08 wastewater treatment sludge) within the Facility boundary, herein representing the solid waste management area including the lake and all associated sediments. The following documents will be used as guidance for the development of the work plan and as the criteria for determining the acceptability of the work plan:

1. "Hazardous Waste Management Unit Closure Guidance," IDEM, Office of Solid and Hazardous Waste Management, March 1994.
2. Draft "Requirements for Describing Unconsolidated Deposits," IDEM, Revised 11/8/88.
3. "Geological Chemistry Draft Guidance for Sediment Sampling and Analysis," IDEM-OSHWM, December 1993.
4. "Guidelines for Sampling and Analysis Plans," IDEM-OSHWM.
5. "RCRA Facility Investigation (RFI) Guidance, Volumes, I, II, III, and IV," U.S. EPA, May 1989.
6. "Statistical Analysis of Ground-Water Monitoring Data at RCRA Facilities," Interim Final Guidance, U.S. EPA, OSWWMD, February 1989.
7. "RCRA Groundwater Monitoring: Draft Technical Guidance," U.S. EPA, November 1992.
8. "Test Methods for Evaluating Solid Waste," U.S. EPA, SW-846, latest edition.

1. a work plan for a complete human health-based risk assessment that may include a human health risk assessment based on the future use of the property. The following documents will be used as guidance for the development of the risk assessment work plan and as the criteria for determining the acceptability of the work plan:

1. Risk Assessment Guidance for Superfund, Volume I, Human Health Evaluation Manual (Part A, Baseline Risk Assessment) (Interim Final) (December 1989) (EPA/540/1-89/002) (9285-7-018).
2. Performance of Risk Assessments in Remedial Investigations/Feasibility Studies (RI/FS) Conducted by Potentially Responsible Parties (PRPs) (August 28, 1990) (9835.15).
3. Guidance for Data Usability in Risk Assessment, Interim Final (October 1990) (EPA/540/G-90/008).
4. Human Health Evaluation Manual, Supplemental Guidance: "Standard Default Exposure Factors" (March 25, 1991) (9285-6-03).
5. Future Residential Land Use Groundwater Exposure Point Concentrations for the Baseline Risk Assessment (May 10, 1991) (Memo from John Kelley, Region V).
6. Supplemental Guidance on Performing Risk Assessments in Remedial Investigation/Feasibility Studies (RI/FSs) Conducted by Potentially Responsible Parties (PRPs) July 2, 1991 (9835.15a).
7. Risk Assessment Guidance for Superfund, Volume I-Human Health Evaluation Manual (Part B, Development of Risk-Based Preliminary Remediation Goals) (Interim) (December 1991) (9285.7-01E).
8. Risk Assessment Guidance for Superfund: Volume I--Human Health Evaluation Manual (Part B) (December 1991) (9285.7-01BFS).
9. Risk Assessment Guidance for Superfund, Volume I--Human Health Evaluation Manual (Part C, Risk Evaluation of Remedial Alternatives) (Interim) (December 1991) (9285.7-01C).
10. Supplemental Guidance to RAGS: Calculating the Concentration Term (March 1992) (9285.7-08I).
11. Guidance for Data Usability in Risk Assessment (Part A) (Final) (April 1992) (9285.7-09A).
12. Guidance for Data Usability in Risk Assessment (Part A) (May 1992) (9285.7-09A/FS).
13. Guidance for Data Usability in Risk Assessment (Part B) (Final) (May 1992) (9285.7-09B)
14. Guidance for Data Usability in Risk Assessment (June 1992) (9285.7-09FS).
15. Understanding Superfund Risk Assessment (July 1992) (9285.7-06FS).
16. Selecting Exposure Routes and Contaminants of Concern by Risk-Based Screening (Region III Technical guidance Manual, Risk Assessment) (January 1993) (EPA/903/R-93-001).
17. Evaluation of the Dispersion Equations in the Risk Assessment Guidance for Superfund (RAGS): Volume I--Human Health Evaluation Manual (Part B, Development of Preliminary Remediation Goals) (April 1993).
18. New Policy on Performance of Risk Assessments During Remedial Investigation/Feasibility Studies (RI/RS) conducted by Potentially Responsible Parties (PRPs) (September 1, 1993) (9385.15b).
19. Use of IRIS Values in Superfund Risk Assessment (December 21, 1993 (9285.7-16).

1. a description of the personnel training (40 CFR 264.16), preparedness and prevention measures (40 CFR Subpart C), contingency plan (40 CFR 264 Subpart D) and general inspection requirements (40 CFR 264.15 and 40 CFR 264.310), as they relate to closure and post-closure activities which will occur at the site;
2. implementation of the work plans for the site assessment and risk assessment and documentation of the findings of the site assessment and risk assessment in a report following IDEM's written approval of those work plans, financial assurance and descriptions of personnel training, preparedness and prevention measures, contingency plan and general inspection requirements as they relate to closure and post-closure activities which will occur at the site.
3. a work plan for a soil and vegetation cover in conformance with 40 CFR 264.310(a) following IDEM's written approval of the site assessment and risk assessment. The requirements of 40 CFR 264.310(a) shall be interpreted as being based on the results of the risk assessment described at paragraph 4(ii) as follows: Unless the results of the risk assessment show that the Facility presents unacceptable risks to human health, the cover will only consist of soil of the type and depth sufficient to support vegetation and proper grading. At Chrysler's option, Chrysler may submit a work plan for alternative cover that is consistent with the future use of the property instead of a work plan for soil and vegetation cover, so long as the IDEM determines that such alternative cover is functionally equivalent in terms of protectiveness. If the results of the risk assessment show that the Facility presents unacceptable risks to human health, a cover will be designed, constructed and installed to minimize infiltration to the subsurface soil and groundwater to the extent necessary to reduce risk to an acceptable level. At Chrysler's option, this cover may also allow for the future use of the property so long as the IDEM determines that such cover is functionally equivalent in terms of protectiveness;
4. a work plan for developing an adequate groundwater monitoring system pursuant to 40 CFR 265 Subpart F;
5. a work plan for a groundwater detection monitoring program pursuant to 40 CFR 264.97 and 264.98 and IDEM's draft descriptive requirements following IDEM's written approval of the site assessment and risk assessment. 40 CFR 264.98, which incorporates 40 CFR 264.94, shall be interpreted as allowing Respondent Chrysler Corporation to utilize alternative concentration limits which are based on, and consistent with, the findings of the risk assessment described in paragraph 4 (ii), and on the factors enumerated in 40 CFR 264.94 as being relevant to the determination of alternative concentration limits. 40 CFR 264.97 shall be interpreted as providing that the compliance monitoring point shall be determined after completion of the site assessment;
6. implementation of the work plans for groundwater detection monitoring and the cover following IDEM's written approval of those work plans.

1. IDEM shall, after Respondent Chrysler Corporation's submission of each item of the closure plan, advise Respondent Chrysler Corporation, in writing, of any deficiencies that IDEM finds present in the Closure Plan, which shall either request further information or indicate modifications to the closure plan that IDEM deems necessary.
2. Within one hundred-twenty (120) days after IDEM's written approval of the work plans for the cover under 4 (v) and groundwater detection monitoring program under 4 (vii), Respondent Chrysler Corporation shall submit a Post-Closure Plan pursuant to 40 CFR 264.118 and 40 CFR 264.119, and 40 CFR 264.310 (b) only, excluding (b) (2, 3 and 6). 40 CFR 264.118 shall be consistent with paragraphs 4 (ii, v and vii) and 8, and shall not require post-closure activity consisting of more than post-closure care of the cover described in paragraph 4 (v), and the groundwater monitoring described in paragraph 4 (vii) and security measures described in paragraph 4 (iii), unless the results of the risk assessment described in paragraph 4 (ii) show that such additional activity is needed for post-closure to be protective of human health.
3. IDEM shall, after Respondent Chrysler Corporation's submission of the Post-Closure Plan, advise Respondent Chrysler Corporation, in writing, of any deficiencies that IDEM finds present in the Post-Closure Plan, which shall either request further information or indicate modifications to the Post-Closure Plan that IDEM deems necessary.
4. If, at any time, during Closure or Post-Closure, groundwater detection monitoring indicates a statistically significant increase in an indicator parameter and/or decrease in pH pursuant to 40 CFR 264.98, Respondent Chrysler Corporation shall submit a Compliance Monitoring Plan in accordance with 40 CFR 264.98(g)(4) within ninety (90) days of determining that there is a statistically significant increase. Pursuant to 40 CFR 264.99 which incorporates 264.94, Respondent Chrysler Corporation may utilize alternative concentration limits which are based on, and consistent with, the findings of the risk assessment described in paragraph 4(ii), or which, at Respondent Chrysler Corporation's option, may also be based on the factors enumerated in 40 CFR 264.94 as being relevant to the determination of alternative concentration limits.
5. IDEM shall, after Respondent Chrysler Corporation's submission of the Compliance Monitoring Plan, advise Respondent Chrysler Corporation, in writing, of any deficiencies that IDEM finds present in the Plan, which shall either request further information or indicate modifications to the Compliance Monitoring Plan that IDEM deems necessary.
6. Within sixty (60) days after IDEM's written approval of the Compliance Monitoring Plan, Respondent Chrysler Corporation shall commence the implementation of the Compliance Monitoring Plan in accordance with the approved timetable contained herein.
7. Within sixty (60) days of the completion of closure activities, Respondent Chrysler Corporation shall submit to IDEM a Certification of Closure, pursuant to 40 CFR 264.115.
8. IDEM shall, after Respondent Chrysler Corporation's submission of the Certification of Closure, advise Respondent Chrysler Corporation, in writing, of any deficiencies that IDEM finds present with the implementation of the Closure Plan, which shall either request information or indicate modifications to the certification that IDEM deems necessary.
9. Within sixty (60) days of IDEM's written acceptance of Chrysler Corporation's Certification of Closure, Respondent Chrysler Corporation shall commence Post-Closure care pursuant to the approved Post-Closure Plan for a period of no more than thirty (30) years from the effective date of the Certification of Closure, or otherwise in accordance with 40 CFR 264.117(a)(2).
10. Within sixty (60) days of the completion of the Post-Closure Care period, Respondent Chrysler Corporation shall submit to IDEM a Certification of Completion of Post-Closure care pursuant to 40 CFR 264.120. The Respondent Chrysler Corporation shall also provide a summary of expenditures, along with all supporting documents, that fully demonstrate the amount of all closure and post-closure expenditures. In addition, Chrysler Corporation shall provide a separate certification that affirms, under penalty of perjury, the amount expended by the company on all closure and post closure expenditures. In the event that the Respondent Chrysler Corporation fails to expend greater than 125% of the sum required to defray the penalty addressed in paragraph 23, it shall provide an independently-audited certified accounting of all closure and post-closure expenditures.
11. IDEM shall, after Respondent Chrysler Corporation's submission of the Certification of Completion of Post-Closurecare, advise Respondent Chrysler Corporation, in writing, of any deficiencies that IDEM finds present in the Certification of Completion of Post-Closure Care, which shall either request information or indicate modifications to the Certification of Completion of Post-Closure Care that IDEM deems necessary.
12. For the purposes of the Closure Plan and Post-Closure Plan, Respondent Chrysler Corporation shall only be required to satisfy the specific citations indicated herein in the form they exist on the date that this Agreed Order is fully executed. The references to the Regional Administrator in the cited regulations shall be taken to mean the Commissioner of the Indiana Department of Environmental Management.
13. The references to the "facility permit" or "permit" in the cited regulations shall be taken to mean Closure Plan and Post-Closure Plan.
14. The time schedule for closure presented in the approved Closure Plan shall be controlling where such time schedule differs from any time schedule referenced at 40 CFR 264.113 or other rule or regulation. IDEM agrees to grant reasonable extensions of time to Respondent Chrysler Corporation to develop and implement the Closure Plan as needed, pursuant to 40 CFR 264.113.
15. The Respondent Chrysler Corporation shall cause all work to be performed within the applicable time limits, unless performance is delayed by events which constitute a force majeure. For purposes of this Agreed Order, a "force majeure" is an event arising from circumstances beyond the control of the Respondent Chrysler Corporation which cannot be overcome by due diligence which delays performance or makes impossible substantial performance of any obligations required by this Agreed Order. "Force majeure" does not include financial inability to complete the work required by this Agreed Order or increases in the costs to perform the work. If any force majeure event occurs or has occurred that may delay the performance of any obligations under this Agreed Order, Respondent Chrysler Corporation shall notify the Commissioner within a reasonable time after the Chrysler Corporation becomes aware of such delay or anticipated delay. Such notification shall describe the anticipated length of the delay, the cause or causes of the delay, the measures taken and to be taken by the Respondent to minimize the delay, and the timetable by which these measures will be implemented. Respondent shall have the burden of establishing the existence of a force majeure event. If a delay is attributable to a force majeure, the time period for performance under this Agreed Order shall be extended for the time period attributable to the event constituting the force majeure and the delay at issue shall be deemed not to be a violation of this Agreed Order.
16. Within thirty (30) days of the effective date of the Order, Respondent Chrysler Corporation shall submit to the IDEM financial assurance in accordance with 329 IAC 3.1-15-4(c) or 329 IAC 3.1-15-4(d) in the amount of $1,632.584.
17. IDEM will consider taking enforcement action against individuals or businesses responsible for dumping hazardous waste at the site in the past. If Chrysler becomes aware of any information regarding such activities, it will convey that information to IDEM.
18. Unless the Order indicates otherwise, all submittals required by this Agreed Order shall be sent to:

Chief, Hazardous Waste Permit Section

Office of Solid and Hazardous Waste Management

Indiana Department of Environmental Management

PO Box 6015

Indianapolis, Indiana 46206-6015

19. In consideration and full satisfaction of the $860,300 civil penalty sought by IDEM, against Respondents Blue Lake, Inc., Kenneth Smock Associates, Inc., Thomas M. Fransler Jr., Jack and Beverly Hurt, and Chrysler Corporation, Respondent Chrysler Corporation agrees to pay a civil penalty of $172,000. Respondent Chrysler Corporation also agrees to spend no less than $1,632,584 in response costs, and shall fully complete the implementation of Closure and Post-Closure activities. In the event Respondent Chrysler Corporation spends less than $1,632,584 in response costs implementing Closure and Post-Closure activities, Respondent Chrysler Corporation agrees to pay to IDEM one-half the difference between the amount expended and $1,632,584. For purposes of this paragraph, the term response costs means all direct costs incurred by Chrysler Corporation in performing its obligations under this Agreed Order. Direct costs include salary costs, travel expenses, equipment costs, and contractor costs. Travel expenses will be calculated at the State per diem rate. Costs or expenses for litigation subsequent to the signing of this Agreed Order will not be considered as direct costs and shall not be applied toward the response costs.
20. Respondent Chrysler Corporation shall pay costs associated with a third-party review of the health-based Risk Assessment Work Plan and Risk Assessment as follows: The Work Plan for the Risk Assessment and the Risk Assessment will be reviewed by Earth-Tech. In the event Earth-Tech is unable to review the Risk Assessment and Risk Assessment Work Plan, Respondent Chrysler Corporation will select a name from a list of IDEM approved persons or companies. The list shall contain at least two names. Chrysler agrees to pay the actual price, not to exceed a total sum of $30,000 for review, including multiple review, if necessary, of the Risk Assessment Work Plan and Risk Assessment.
21. In the event the following terms and conditions are violated, the Complainant may assess and the Respondent Chrysler Corporation shall pay a stipulated penalty in the following amounts:

Violation Penalty

Failure to comply with time frames as specified $100/day 1^st 7 days

in Orders 4, 6, 8, 10, 11, 13, 14, 20, 23 and 24. $250/day 8-30 days

$500/day 31-60 days

$1000/day over 60 days

Said stipulated penalty shall be due and payable within thirty (30) days after Chrysler receives written notice from IDEM that a stipulated penalty is due. Assessment and payment of said stipulated penalty shall not preclude the Complainant from seeking any injunctive relief against the Chrysler Corporation for violation of the Agreed Order. IDEM will not attempt to collect stipulated penalties due under the Orders during the period of any administrative or judicial review of the plans or actions required in those Orders.

22. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include Cause Number N-238 and shall be mailed to:

Cashier

IDEM

100 North Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46206-7060

23. In the event that the civil penalty required by paragraph 23 is not paid within thirty (30) days of the effective date of this Agreed Order or the payment of the stipulated penalties assessed pursuant to Paragraph 25 are not made within thirty (30) days of a Respondent Chrysler Corporation's receipt of IDEM's demand, such Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue on the date the civil penalty or stipulated penalty is due until the full civil penalty is paid in full.
24. The provisions of this Agreed Order apply to IDEM and shall apply to and be binding upon the Chrysler Corporation, its officers, employees, agents, successors, servants and assigns and to all persons, firms, or corporations acting through or for IDEM or Respondent. The signatories to this 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 Respondent Chrysler Corporation shall in any way alter its status or responsibilities under this Order.
25. The Chrysler Corporation shall provide a copy of this Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent Chrysler Corporation shall provide a copy of this Order to all contractors, subcontractors, laboratories, and consultants which are retained to conduct any work performed under this Order, within fourteen (14) days after the later of the effective date of this Order or the date of retaining their services. Chrysler Corporation shall by contract require that all contractors, firms, and other persons acting for it comply with the terms of this Order.
26. This Order shall be valid and enforceable the date Respondent Chrysler Corporation receives this Order (theretofore called "effective date"). As part of final resolution of this matter, the parties shall submit a copy of this Agreed Order to the Indiana Office of Environmental Adjudication. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to the Chrysler Corporation.
27. Nothing in this Agreed Order shall be construed to create any rights in, or grant any cause of action to, any person not a party to this Agreed Order. The preceding sentence shall not be construed to waive or nullify any rights that any person not a signatory to this Agreed Order may have under applicable law.
28. The timely submission of any document required by this Agreed Order, which is not approved by IDEM shall not be deemed non-compliance with the time limits of this order unless such document does not represent a good faith attempt to comply with this Agreed Order.
29. The parties shall use their best efforts to, in good faith, resolve all disputes or differences that may arise regarding work required under this Order. If, however, disputes arise regarding work required under this Order, which the parties are unable to resolve informally, Respondent may present written notice of such dispute to the IDEM. This written notice shall be submitted no later than five (5) calendar days after Respondent discovers parties are unable to resolve the dispute. Following IDEM's receipt of Respondent's written notice the parties shall attempt to negotiate in good faith a resolution of their differences. If following informal discussions, the IDEM concurs with the position of Respondent, Respondent shall be notified in writing. If following informal discussions, the IDEM does not concur with the position of Respondent, the IDEM shall provide written notification of its final decision. The Respondent may appeal any final determination of the IDEM in accordance with IC § 4-21.5.
30. The Agreed Order will have no force or effect until it is approved by the Commissioner or his designee. The signature of the Commissioner, or his designee, on this Agreed Order constitutes the IDEM's approval of the Agreed Order.
31. IDEM and the Respondent Chrysler Corporation, by the duly authorized undersigned, hereby consent to the provisions of the Agreed Order and agree to be bound by the Agreed Order when issued by the Commissioner.
32. The parties may mutually agree on the use of guidance documents in addition to those specified in this Agreed Order.
33. The terms of this Agreed Order fully resolve all issues regarding the above captioned enforcement action brought by the IDEM against the Chrysler Corporation, Jack D. Hurt, Blue Lake, Inc., Kenneth Smock Associates, Inc., and/or Thomas M. Fransler Jr.