STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2001-11251-A

)

ABATEMENT MANAGEMENT GROUP, 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. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding.

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 Abatement Management Group, Inc. ("Respondent"), who implemented an asbestos abatement project at the Shelby County Courthouse located at 407 South Harrison Street, Shelbyville, Shelby 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:

James Hack, President and Registered Agent

Abatement Management Group, Inc.

2511 North Emerson Avenue

Indianapolis, Indiana 46218

5. An inspection, on March 29, 2001, was conducted at the Site by a representative of IDEM's Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this inspection:

A. Pursuant to 326 IAC 18-1-3(c), a licensed person shall carry either a certificate of accreditation and a photographic identification card or an asbestos license at all times while performing an asbestos project. The IDEM inspector observed that the proper credentials were not available at the time of inspection, a violation of 326 IAC 18-1-3(c).

B. Pursuant to 326 IAC 14-10-4(6)(a), asbestos shall be adequately wetted, properly handled and disposed of to ensure asbestos fibers will not be released during or after removal. The IDEM inspector observed asbestos material that was not adequately wetted or properly handled during or after removal, a violation of 326 IAC 14-10-4(6)(a).

6. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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. Respondent shall comply with 326 IAC 18-1-3 (c) and 326 IAC 14-10-4 (6) (a) .

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

Melissa Farrington, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

4. Respondent is assessed a civil penalty of Six Thousand Two Hundred Dollars ($6200). The civil penalty shall be paid in the following manner: the first payment of $1,200 is due on August 30, 2002, the remaining five (5) payments of $1,000 each are due September 30, 2002, October 31, 2002, November 29, 2002, December 31, 2002 January 31, 2003 . Interest shall accrue on unpaid amounts at the rate established by IC 24-4.6-1-101.

5. The civil penalty payments are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. 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.

7. 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.

8. 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.

9. 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 Abatement Management Group, Inc.

By: signed 7/3/02 By: James Hack

David P. McIver

Chief, Air Section Printed: James A. Hack

Office of Enforcement

Title: President

Date: Date: signed 8/29/02

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: By:

Office of Legal Counsel

Department of Environmental

Management

Date: signed 7/9/02 Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS 4 DAY OF September , 2002.

For the Commissioner:

Signed 9/4/02

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs