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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,                )
                                )     CAUSE NO. A-3588
            v.                    )
                                )
ENVIRONMENT TECHNOLOGY             )
CONSULTING CORPORATION,            )
                                )
            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.

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 Environment Technology Consulting Corporation ("Respondent"), an asbestos abatement contractor licensed in the State of Indiana, located at 1524 Estella Avenue, in Fort Wayne, 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 September 10, 1996, via Certified Mail to:

            Randy Aumsbaugh, President
            Environment Technology, Inc.
            P.O. Box 6153
            Fort Wayne, IN 46803

    5.    Respondent acquired the assets and liabilities of Environment Technology, Inc., in March 1996. Respondent is located at the same address as Environment Technology, Inc., and is currently conducting business as Environment Technology Consulting Corporation.

    6.    Respondent received the Notice of Violation and ackowledges that the Notice of Violation sent to Environment Technology, Inc., has served as proper notice under IC 13-30-3-3.

    7.    Respondent implemented an asbestos removal project at Northwest Indiana Water Company, 650 Madison Street, Gary, Indiana, on or about March 29, 1996, to which the notification and emission control requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(4).

    8.    Rule 326 IAC 14-10-4 requires each owner or operator of an applicable renovation activity to follow the emission control procedures set out in the rule.
    
    9.     Rule 326 IAC 14-10-4(9) states, upon completion of stripping and removal operations for demolition projects described in section 1(a) and renovation projects described in section 1(c) through 1(f) of this rule, collect visible contamination of asbestos by employing one (1) or both of the following cleaning procedures: (A) Vacuum all surfaces in the work area using a vacuum equipped with a HEPA filter and remove all standing water; (B) Wet wipe or wet mop all surfaces in the work area and remove all standing water.

    10.     Rule 326 IAC 14-10-4(10) states, upon completion of the cleanup requirements identified in subdivision (9), an Indiana accredited supervisor, prior to the removal of the warning signs or other demarcation of the work area, shall perform a final visual inspection of the work area for visible suspect RACM debris. If visible suspect RACM debris is discovered, then the requirements of subdivision (9) shall be repeated until all visible suspect RACM debris has been removed. Upon completion of the above, the accredited supervisor shall certify in writing that the final visual inspection was completed and the work area is

free of all visible suspect asbestos debris. This certification shall also include the date of the final visual inspection, the location of the asbestos removal project and the accredited supervisor's signature. The certification shall be retained by the contractor for a period of at least three (3) years from the date of the final visual inspection and must be made available upon request from IDEM. A copy of the certification shall also be sent to the building owner.

    11.    On March 29, 1996, a representative of Complainant visited the site of the above-mentioned asbestos abatement project. During the inspection, the inspector observed dry visible asbestos-containing debris on the floor in the work area after the project was completed, the supervisor had done a final visual inspection and the warning signs had been removed, a violation of 326 IAC 14-10-4(9) and 326 IAC 14-10-4(10).

    12.    On April 1, 1996, Respondent returned to the project site and recleaned the area to remove all visible RACM prior to reinsulating the pipes.

    13.    On October 3, 1996, representatives of the Respondent and Complainant met for the purpose of discussing resolution to this matter.

    14.    The project supervisor for the asbestos removal project is Leemon Ward, Indiana accreditation number 195616020.

    15.    For the purposes of this action, Cause No. A-3588, this agreement resolves all violations listed in the Notice of Violation.

    16.    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 Three Thousand Seven Hundred Fifty Dollars ($3750). Said penalty amount shall be paid in three monthly installments of One Thousand Two Hundred Fifty Dollars ($1250) each. The first installment shall be due within thirty (30) days of the Effective Date of this Agreed Order.

    3.    The civil penalty is payable by check to the Asbestos Trust Fund. Checks shall include the Cause Number of this action and shall be mailed to:

             Cashier
            IDEM
            P.O. Box 7060
            Indianapolis, Indiana 46206-7060.
    
    4.    In the event that the civil penalty required by paragraph 2 is not paid in accordance with the payment schedule, 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 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.

    6.    In the event that any terms of this 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 by contract require that all contractors, firms, and other persons acting for it 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:            RESPONDENT:
Department of Environmental Management            Environment Technology
                                 Consulting Corporation

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

Date:             Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

THIS DAY OF , 199 .

                        FOR THE COMMISSIONER:
                        Signed on 1/2/97
                        
                        Patrick Carroll, Director
                        Office of Enforcement

Converted by Andrew Scriven