STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

vs. ) Case No. 2000-8866-A

)

FLICKINGER INDUSTRIES, INC., )

)

Respondent. )

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 Flickinger Industries, Inc. ("Respondent"), which implemented an asbestos abatement project located at 1801 Carlton Ave., in Fort Wayne, Allen Co., 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:

Ronald Flickinger, President and Registered Agent

Flickinger Industries, Inc.

1801 Carlton Ave.

Fort Wayne, IN 46802

• An inspection, on December 21, 1999, was conducted at the Site by a representative of IDEM's Office of Air Management (OAM). The following violations were in existence or observed at the time of this inspection:



• 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 Respondent failed to implement this asbestos project with currently licensed workers, a violation of 326 IAC 18-1-3(a)(5).

b. 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 Respondent failed to remove asbestos containing material in the facility before demolition or renovation activity began, a violation of 326 IAC 14-10-4(1).

c. Pursuant to 326 IAC 14-10-4(2), each owner or operator shall adequately wet asbestos when a facility component coated with asbestos is taken out of the facility as a unit or in sections. The IDEM inspector observed that Respondent removed a wall section without regard for the asbestos coating, a violation of 326 IAC 14-10-4(2).

d. 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 that Respondent failed to adequately wet asbestos material or properly handle it during or after removal, a violation of 326 IAC 14-10-4(6).

e. Pursuant to 326 IAC 14-10-4(11), any stripped, disturbed, or removed friable asbestos materials must be stored securely to prevent access to the material by unauthorized persons. The IDEM inspector observed Respondent failed to store asbestos material securely, a violation of 326 IAC 14-10-4(11).

f. Pursuant to 326 IAC 14-10-4(13), no asbestos removal project shall be implemented at a facility regulated by this rule unless at least one (1) Indiana licensed asbestos project supervisor, is present on site in the work area during the asbestos removal project. The IDEM inspector noted that Respondent failed to have a licensed asbestos project supervisor present during the asbestos removal project, a violation of 326 IAC 14-10-4(13).

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 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 and 326 IAC 14-10.

3. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Lynne Sullivan, 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 Nine Thousand Dollars ($9,000). Said penalty amount shall be due and payable to the Asbestos Trust Fund within 30 days of the Effective Date of this Agreed Order.

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:

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, 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 Flickinger Industries, Inc.

By: _________________________ By: _________________________

David P. McIver

Chief, Air 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 ____________________, 2000.

For the Commissioner:

Signed 12/12/00

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement