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. 2000-9185-A

)

KEEN & CROSS, 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.

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.

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 Keen & Cross, Inc. ("Respondent"), which conducted an asbestos removal project at the old Uniroyal Plant located at 312 North Hill Street, in Mishawaka, St. Joseph 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, on August 15, 2000 IDEM issued a Notice of Violation via Certified Mail to:

Edwin P. Keen, President CT Corporation System, Registered Agent

Keen & Cross, Inc. One North Capitol Avenue

506 Northland Blvd. Indianapolis, IN 46204

Cincinnati, OH 45240

John F. Angelina, President CT Corporation System, Registered Agent

D.H. Griffin of Texas, Inc. One North Capitol Avenue

8690 Lambright Road Indianapolis, IN 46204

Houston, TX 77075

• An inspection, on March 2, 2000, 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 14-10-4(3), asbestos which is stripped from a facility component while it remains in place in the facility shall be adequately wet during the stripping operation. Respondent failed to adequately wet asbestos material during the stripping operation, a violation of 326 IAC 14-10-4(3).



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



• Pursuant to 326 IAC 14-10-4(6)(B), asbestos shall be carefully lowered to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the material. Respondent failed to carefully lower asbestos material to the ground floor, a violation of 326 IAC 14-10-4(6).

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 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 Ten Thousand Dollars ($10,000). Said penalty amount shall be due and payable in six (6) consecutive monthly payments. The first five (5) payments shall be Sixteen Hundred Sixty-Six Dollars ($1,666) and the last payment shall be Sixteen Hundred Seventy Dollars ($1,670). The first payment shall be due within 30 days of the Effective Date of this Agreed Order. Payments shall be made to the Asbestos Trust Fund

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 Keen & Cross, 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 11/30/00

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement