STATE OF INDIANA

COUNTY OF MARION

)
)
)


SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

COLUMBUS II GENERAL INC., d/b/a

TIPPMANN AND ASSOCIATES,

Respondent.

)
)
)
)
)
)
)
)
)
)






Case No. 2005-14622-A

 

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 Columbus II General Inc. d/b/a Tippmann and Associates (“Respondent”), who implemented an asbestos abatement project located at 4820 Meyer Road, in Fort Wayne, Allen 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, on May 23, 2006, IDEM issued a Notice of Violation via Certified Mail to:

 

Mr. Vincent P. Tippmann, Sr., President and Registered Agent

Columbus II General Inc. d/b/a Tippmann and Associates

4410 New Haven Avenue

Fort Wayne, Indiana 46803

 

5.         An inspection, on January 14, 2005, 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 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).

 

b.         Pursuant to 326 IAC 18-1-3(a)(5), no person shall implement an asbestos project at a facility without current licensing by IDEM.

The IDEM inspector noted that this asbestos project was not implemented by currently licensed workers, a violation of 326 IAC 18-1-3(a)(5).

 

6.                  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.         Respondent shall comply with 326 IAC 14-10-4(6)(A) and 326 IAC 18-1-3(a)(5).

 

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

 

Brenda Mathews, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Compliance & Enforcement

100 North Senate Avenue

MC 60-02 IGCN 1315

Indianapolis, IN 46204-2251

 

4.                  Respondent is assessed a civil penalty of Nine Thousand Dollars ($9,000.00). Said penalty amount shall be due and payable to the Asbestos Trust Fund within thirty (30) days of the Effective Date of this Agreed Order.

 

5.         Civil penalties are payable by check to the Asbestos Trust Fund.  Checks shall include the Case Number of this action and shall be mailed to:

 

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50-10C

100 N. Senate Avenue

Indianapolis, IN  46204-2251

 

6.         In the event that the civil penalty required by Order paragraph No. 4 is not paid within thirty (30) days of the Effective Date of this Agreed Order, 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 until the civil penalty is paid in full.

 

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 Respondent has complied with all terms and conditions of this Agreed Order.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Columbus II General, Inc. d/b/a Tippman

 

 

and Associates

By:

 

 

By:

 

 

David P. McIver

 

Printed:

Vincent P. Tippmann, Sr.

 

Chief, Air Section

 

Title:

President

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

J.C. Alexander

 

 

William D. Swift, Attorney

 

Office of Legal Counsel

 

 

Swift & Finlayson, LLP

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2006.

 

 

For The Commissioner:

 

 

 

Signed on September 15, 2006

 

Matthew T. Klein

 

Assistant Commissioner

 

of Compliance and Enforcement