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-3594
                            )
LAKE COUNTY BOARD OF COMMISSIONERS,)
                            )
        Respondent.                )

    2.    Respondent is the Lake County Board of Commissioners (hereinafter referred to as "Respondent"), owner and operator of the Lake County Government Center located at 2293 North Main Street in Crown Point, 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 on November 18, 1996 via Certified Mail to:

            Mr. John Dull, Attorney
            Lake County Board of Commissioners
            2293 North Main Street
            Crown Point, Indiana 46307

    5.    Respondent implemented a roofing project at the Lake County Government Center in Crown Point, Indiana on or about February 7, 1996, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).

    6.    Rule 326 IAC 14-10-1(a) requires that to determine which requirements of this section and sections 3 through 4 of this rule apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, the owner or operator shall use an Indiana accredited asbestos inspector to inspect thoroughly the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable asbestos-containing material. The requirements of sections 3 through 4 of this rule apply to each owner or operator of a demolition or renovation activity, including the removal of regulated asbestos-containing material (RACM).

    7.    Rule 326 IAC 14-10-4(1) requires that each owner or operator of a demolition or renovation activity to whom this section applies shall remove all Regulated Asbestos-Containing Materials (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.
            
    8.    Rule 326 IAC 14-10-4(11)(a) requires that for any RACM or suspect RACM, any stripped, disturbed or removed friable asbestos materials that are in a leak-tight wrapping and left at a facility or stored elsewhere prior to disposal, must be securely stored in a manner that restricts access by unauthorized persons to the material. The material must be stored in locked containers, rooms, trucks or trailers. Asbestos warning signs or labels must be prominently displayed on the door of the locked containers, rooms, trucks or trailers. If such secure areas are not available, other security measures must be employed, including the use of barriers, security guards or other measures approved by the Commissioner. Asbestos warning labels must be posted in all areas where asbestos is stored.

    9.    On February 7, 1996 a roofing contractor hired by the Respondent to perform exterior roof work discovered asbestos spray-on insulation under the overhang on the North side of Building B at the Site. This material was discovered by the contractor after the removal of several soffit panels from the overhang and disturbance of the attached asbestos material. The soffit work was suspended until an accredited asbestos removal contractor was hired to contain and abate the remaining asbestos. The Respondent failed to inspect for the presence of ACM in the affected work area, a violation of 326 IAC 14-10-1(a). The Respondent failed to remove ACM prior to renovation, a violation of 326 IAC 14-10-4(1).

    10.    On February 19, 1996, IDEM received an asbestos notification from Specialty Systems of Illinois, Inc. stating they would begin asbestos removal on March 1, 1996.

    11.    On March 1, 1996 an IDEM inspector conducted an inspection of the Site in response to a complaint. The inspector observed several hundred pieces of dry, friable RACM on the ground and in a drain under the area where soffit removal had taken place. The inspector also observed a pile of renovation debris contaminated with asbestos west of where the soffit removal had taken place. The estimated amount of asbestos debris in these areas was 1-3 cubic feet. Additionally, the inspector observed a bag of dry, friable RACM under the area where the soffits were removed. The bag was torn and contained approximately 5 cubic feet of RACM. The Respondent failed to store RACM securely after the material was disturbed, a violation of 326 IAC 14-10-4(11)(a).

    12.    Information provided to IDEM reveals that the roofing contractor was informed during a pre-construction meeting that an asbestos analysis had been made and that no asbestos was present in the work area and they were notified to proceed with renovation work.

    13.    Information provided to IDEM reveals that an Asbestos Management Plan for Buildings A, B and D of the Site was submitted to the Lake County Board of Commissioners by James Douglas Smith, Architect in September, 1991. The management plan includes sample results taken from samples of spray-on insulation above the ceiling on the inside of these buildings. However, no samples were taken of the overhangs. The Management Planner was Thomas P. Kilmurry, accreditation #191416031. The Inspector was Dragan Vjestica, accreditation #190909111.

    14.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

    15.    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.

    2.    Respondent shall develop and implement a written procedure acceptable to IDEM to ensure compliance with 326 IAC 14-10. Said procedure shall be submitted to IDEM within thirty (30) days of the Effective Date of this Order.

    3.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

        Lynne Donahue, 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 Five Thousand Dollars ($5,000). Three Thousand Dollars ($3,000) of said penalty amount shall be due and payable to the Asbestos Trust Fund within thirty (30) days of the Effective Date of this Agreed Order. Two Thousand Dollars ($2,000) shall be deferred and payable to the Asbestos Trust Fund only in the event that asbestos violations are observed within twelve (12) months of the Effective Date of this Agreed Order. In the event that asbestos violations are observed within that time period, the deferred amount will be payable within thirty (30) days of receipt of notice that full payment is due. Payment of the deferred amount shall not preclude Complainant from seeking civil penalties pursuant to IC 13-30-4.

    5.    In the event the written procedure required in Paragraph 2 of the Order is not submitted within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay One Hundred Dollars ($100) for every day after the thirty (30) days until a procedure acceptable to IDEM has been submitted.

    6.    Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent's violation of this Agreed Order, or Indiana law, including but not limited to civil penalties pursuant to IC 13-30-4.

    7.     Civil and stipulated 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 46207-7060

    8.    In the event that the civil penalty required by 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.

    9.    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.

    10.    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.

    11.     Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

    12.    This Agreed Order shall remain in effect for a period of two (2) years after the Effective Date of the Agreed Order.

TECHNICAL RECOMMENDATION:        LAKE COUNTY BOARD OF     Department of Environmental Management        COMMISSIONERS:

By: _________________________            By: _________________________
David P. McIver
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 10/18/98                                         David J. Hensel
                            Director
                            Office of Enforcement

Converted by Andrew Scriven