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. 2000-8888-A
)
HERITAGE INVESTMENTS, L.L.C., )
)
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 (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 Heritage Investments, L.L.C. (hereinafter referred to as "Respondent"), a property rental company that owned property at 2305 and 2309 West Franklin Street in Evansville, Indiana.
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:
Tim Moll, Owner
Heritage Investments, L.L.C.
P.O. Box 8353
Evansville, Indiana 47716
5. Respondent implemented a renovation project at 2305 and 2309 West Franklin Street in Evansville, Indiana on or about December 20, 1999, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).
6. Pursuant to 326 IAC 14-10-1, the owner or operator of a renovation activity is required to have an Indiana licensed inspector thoroughly inspect the facility for the presence of asbestos prior to engaging in any activity that could disturb the asbestos. The IDEM inspector noted that the facility was not inspected by an Indiana licensed inspector prior to engaging in an activity that could disturb asbestos, a violation of 326 IAC 14-10-1.
7. Pursuant to 326 IAC 14-10-3(2), each owner or operator of a demolition or renovation activity is required to provide written notification to IDEM at least ten (10) working days before any activity begins that could disturb asbestos. The IDEM inspector noted that the owner or operator failed to provide IDEM with a timely notification, a violation of 326 IAC 14-10-3(2).
8. 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).
9. 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).
10. 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 is assessed a civil penalty of Nine Thousand Dollars ($9,000). Said penalty amount shall be paid in nine (9) monthly installments of One Thousand Dollars ($1,000) each. Payments shall be due and payable to the Asbestos Trust Fund with the first payment due by December 1, 2000 or within thirty (30) days of the Effective Date of this Agreed Order, whichever is later.
3. 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
4. In the event that the civil penalty required by paragraph two (2) is not paid as established in that paragraph, 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.
5. 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.
6. 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.
7. 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.
8. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: HERITAGE INVESTMENTS, L.L.C:
Department of Environmental Management
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
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 ____________________, 20___.
For the Commissioner:
Signed 12/1/00
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement