STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

) CASE NO. 2000-9731-S

v. )

)

AUTOMOTIVE ARMATURE COMPANY, INC., )

)

Respondent. )

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 Automotive Armature Company, Inc. (hereinafter referred to as "Respondent"), who owns UST systems (Facility ID# 928), located at 321 1/2 Indianapolis Road, Mooresville, Morgan 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 to:

Automotive Armature Company, Inc.

John H. McGuire, President

1903 Foxcliff

Martinsville, IN 46151

5. Designated representatives of IDEM conducted an inspection at the Site on February 28, 2000.

6. Based on information gathered by IDEM during the above noted inspection, the Respondent has been found in violation of:

A. Pursuant to 329 IAC 9-6-5(c), when a UST system has been temporarily closed for twelve (12) months, the owner or operator shall permanently close the UST system if it does not meet the performance standards in 329 IAC 9-2-1 or 329 IAC 9-2.1, except that spill and overfill equipment requirements do not have to be met. The UST systems at the Site have been in temporary closure for more than twelve (12) months and have not been upgraded or permanently closed.

B. Pursuant to 329 IAC 9-2.1-1(a)(3), all existing UST systems shall comply with one (1) of the following requirements on or before December 22, 1998: (1) New UST system performance standards under 329 IAC 9-2-1. (2) The upgrading requirements under subsections (b) through (d). (3) Closure requirements under 329 IAC 9-6-1 through 329 IAC 9-6-5, including applicable requirements for corrective action under 329 IAC 9-5-1 through 329 IAC 9-5-8. The UST systems at the Site do not meet the new UST system performance standards, have not been upgraded, and have not been properly closed.

7. 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 her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. The Respondent shall:

A. Permanently close the UST systems as follows:

(1) Close the UST systems within ninety (90) days of the Effective Date of this Order in accordance with the requirements of 329 IAC 9-6-1 through 329 IAC 9-6-4, including the applicable requirements for corrective action under 329 IAC 9-5-1 through 9-5-1 through 9-5-8; and,

(2) Submit a closure report in accordance with 329 IAC 9-6-2 with thirty (30) days of closing the UST system. 3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Dirk Andres, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, Indiana 46206-6015

4. Respondent is assessed a civil penalty of six hundred ($600.00) dollars. The civil penalty has been waived based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay the original penalty amount assessed based on IDEM's civil penalty policy.

5. In the event the following terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:

Violation Penalty

Order Condition #2A(1) $1,000 per week closure is late

Order Condition #2A(2) $500 per week that certification is late

6. 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 assessment of any of the stipulated penalty 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.

7. In accordance with IC 13-23-6-2, stipulated penalties are payable by check to the Underground Petroleum Storage Tank Trust Fund. Checks shall include the Case Number of this action and shall be mailed to:

Cashier

IDEM

100 North Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46207-7060

8. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, 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.

9. 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.

10. 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.

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

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Automotive Armature Company, Inc.

By:___________________________ By:____________________________

Paul Higginbotham, Chief

Solid Waste/UST Section Printed:________________________

Office of Enforcement

Title:__________________________

Date:_________________________ Date:__________________________

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

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 __________________, 2001.

For the Commissioner:

Signed on 9/14/2001

_________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement