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STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. A-3571
)
B&C WRECKING CO., 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 (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(IC 13-7-2-11 prior to July 1, 1996).
2. Respondent is B&C Wrecking Co., Inc. (hereinafter referred to as "Respondent"),
a demolition contractor located at 1697 Hulman St. in Terre Haute, 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 (IC 13-7-11-2(b) prior to July 1, 1996), IDEM issued a
Notice of Violation on July 19, 1996 via Certified Mail to:
Paul Langenfield Berna Dean Brokaw,
B& C Wrecking Co., Inc. Registered Agent
1697 Hulman St. B&C Wrecking Co., Inc.
Terre Haute, IN 47802 1629 Hulman St.
Terre Haute, IN 47802
5. Respondent implemented an asbestos abatement project at 2426 Harding St. and
2429 3rd St. in Terre Haute, Indiana on or about January 12, 1996 to which the
requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(a).
6. Rule 326 IAC 14-10-4(1) requires that each owner or operator of a demolition or
renovation activity to whom this section applies according to section 1 of this
rule, shall remove all RACM from a facility being demolished or renovated before
any activity begins that would break up, dislodge, or similarly disturb the material
or preclude access to the material for subsequent removal.
Rule 326 IAC 14-10-4(2) requires that when a facility component that
contains, is covered with, or is coated with regulated asbestos containing material
(RACM) is being taken out of the facility as a unit or in sections the following
shall occur:
(A) adequately wet all RACM exposed during cutting or disjoining operations;
and
(B) carefully lower each unit or section to the floor and to the ground level, not
dropping, throwing, sliding, or otherwise damaging or disturbing the RACM.
7. On January 12, 1996, an inspector representing the Office of Air Management
(OAM), IDEM conducted a complaint initiated inspection at 2426 Harding St.,
Terre Haute, IN. The inspector learned that employees of B&C Wrecking Co.,
Inc. were removing transite siding from a house scheduled for demolition. The
inspector observed broken pieces of transite siding laying on the ground next to
the house, a violation of Rule 326 IAC 14-10-4(1) and 326 IAC 14-10-4(2). The
inspector also conducted an inspection at 2429 S. 3rd St., the inspector noted
broken pieces of green transite siding laying on the ground next to the house, a
violation of Rule 326 IAC 14-10-4(1) and 326 IAC 14-10-4(2).
Immediately following the inspection of January 12, 1996, the inspector met with
Paul Langfeld owner of B & C Wrecking, Inc. The inspector explained the
violations to Mr. Langenfeld and the need to take immediate corrective action.
On January 16, 1996, the inspector conducted a follow up inspection at 2426
Harding St. and 2429 S. 3rd St. At both locations, the inspector noted that broken
transite siding remained on the ground. The inspector observed the broken
transite to be friable. Friable RACM is subject to all of the emission control
procedures described in 326 IAC 14-10-4.
8. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
9. The following employees of the Respondent have attended asbestos awareness
training: Paul Langenfeld, Scott Carpenter, John Callahan and Richard
Vanlandingham.
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. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Craig Henry, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
3. Respondent is assessed a civil penalty of One Thousand Five Hundred Dollars
($1,500.00). Respondent shall pay the civil penalty in ten (10) consecutive
monthly installments in the amount of One Hundred Fifty Dollars ($150.00) each.
4. Civil penalties are payable by check to the Asbestos Trust Fund. Checks shall
include the Cause Number of this action and shall be mailed to:
Cashier
IDEM
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46206-7060
5. In the event that the first installment of the civil penalty required by paragraph 3 is
not paid within thirty (30) days of the Effective Date of this Agreed Order or any
subsequent payment is not paid in thirty (30) day intervals the unpaid balance of
the penalty shall immediately become due and payable.
6. 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 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.
7. 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.
8. 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.
9. 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 B&C Wrecking Co., Inc.
By: _________________________ By: _________________________
David P. McIver, Acting Air Section Chief
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 ____________________, 199___.
For the Commissioner:
Signed January 13, 1997
Patrick Carroll
Director
Office of Enforcement
Converted by Andrew Scriven