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. 2001-10907-A &
) Case No. 2002-11417-A
SPECIALTY SYSTEMS, INC., & )
110 EAST WASHINGTON STREET, LLC. )
)
Respondents. )
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. 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 Respondents may have in any future administrative or judicial proceeding, except a proceeding to enforce this 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. Respondents are Specialty Systems, Inc., ("Specialty Systems" or operator") and 110 East Washington Street, LLC., ("owner"), who undertook construction renovation work at the owner's premises located at 110 East Washington Street, in Indianapolis, Indiana ("Site").
Specialty Systems, Inc. & 110 East Washington Street, LLC.
Agreed Order 2001-10907-A & 2002-11417-A
Page 2
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, on February 27, 2002, IDEM issued a Notice of Violation via Certified Mail to:
Mr. John Merrick, President Mr. Fred Treadway, Registered Agent
Specialty Systems, Inc. Specialty Systems, Inc.
308 South State Avenue 302 South State Avenue
Indianapolis, Indiana 46201 Indianapolis, Indiana 46201
5. Pursuant to IC 13-30-3-3, on September 9, 2002, IDEM issued an Amended Notice of Violation via Certified Mail to:
Mr. John Merrick, President Mr. Fred Treadway, Registered Agent
Specialty Systems, Inc. Specialty Systems, Inc.
308 South State Avenue 302 South State Avenue
Indianapolis, Indiana 46201 Indianapolis, Indiana 46201
Mr. Chris Reid
110 East Washington, LLC.
433 West Carmel Drive,
Carmel, Indiana 46032
6. On or about September 5, 2001, Specialty Systems conducted demolition work in the basement of the Site. The area previously had been inspected by owner's certified inspector, American Environmental Abatement Company ("AEAC"), who conducted an asbestos audit of the building. AEAC failed to identify asbestos containing material in a duct work in the basement where Specialty Systems was working. When Specialty Systems demolished the duct work, Specialty Systems disturbed the undocumented asbestos containing material. Upon discovering the suspected asbestos containing material, a supervisor for Specialty Systems wetted the material, cordoned off the area with warning tape, and instructed Specialty Systems works to leave the area. The Specialty Systems supervisor also informed the owner about the suspected asbestos containing material.
7. An inspection, on September 7, 2001, was conducted at the Site by a representative of IDEM's Asbestos/Lead Section. The following violations were in existence or observed at the time of this inspection:
Specialty Systems, Inc. & 110 East Washington Street, LLC.
Agreed Order 2001-10907-A & 2002-11417-A
Page 3
a. Pursuant to 326 IAC 14-10-4(1), each owner or operator of a demolition or renovation activity is required to remove all regulated asbestos containing
materials from a facility being demolished or renovated before any activity begins that could disturb the material. The IDEM inspector observed that the owner/operator failed to remove asbestos containing material in the facility before demolition or renovation activity began, a violation of 326 IAC 14-10-4(1).
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).
8. Pursuant to 326 IAC 14-10-3, Respondent provided IDEM with a notice of asbestos removal at the site on September 25, 2001. The asbestos containing material was properly disposed of consistent with environmental regulations.
9. In recognition of the settlement reached, Respondents waive 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 Respondents. This Agreed Order shall have no force or effect until the Effective Date.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Mrs. Amy L. Moreland, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. Respondents are jointly assessed a civil penalty of Ten Thousand Dollars ($10,000). Said penalty amount shall be due and payable to the Asbestos Trust Fund within 30 days of the Effective Date of this Agreed Order.
Agreed Order 2001-10907-A & 2002-11471-A
Specialty Systems, Inc. & 110 East Washington Street, LLC.
Page 4
5. Civil penalties are payable by check to the Asbestos Trust Fund. Checks shall include the case numbers (2001-10907-A & 2002-11417-A) of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
6. In the event that the civil penalty required by Order paragraph 4, is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondents shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
7. This Agreed Order shall apply to and be binding upon the Respondents, its successors and assigns. The Respondents' 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 Respondents 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 Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondents 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 Respondents have complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Specialty Systems, Inc.
By: _________________________ By:
David P. McIver
Chief, Air Enforcement Section
Office of Enforcement Printed:
Title:
Date: ________________________ Date:
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management Specialty Systems, Inc.
By: _________________________ By:
Jay Rodia
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date:
RESPONDENT: COUNSEL FOR RESPONDENT:
110 East Washington Street, LLC. 110 East Washington Street, LLC.
By: By:
Printed: Date:
Title:
Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2003.
For the Commissioner:
Signed December 3, 2003
___________________________
Felicia A. Robinson
Deputy Commissioner
For Legal Affairs