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-3838
)
HOBBY LOBBY STORES, INC., )
)
Respondent. )
2. Respondent is Hobby Lobby Stores, Inc., located at 7707 Southwest 44th Street,
Oklahoma City, Oklahoma, (hereinafter referred to as "Respondent"), and the
owner/operator of the building located at 2121 Sagamore Parkway South in
Lafayette, Indiana (the "Site").
3. The Indiana Department of Environmental Management ("IDEM") has
jurisdiction over the parties and subject matter of this action.
Steve Seay, Director
Hobby Lobby Stores, Inc.
7707 Southwest 44th Street
Oklahoma City, OK 73179
5. On or about January 14, 1997, Respondent implemented a renovation project at
the Site, to which the requirements of 326 IAC 14-10 applied, pursuant to 326
IAC 14-10-1(c).
6. Rule 326 IAC 18-3-3(a)(4) prohibits the implementation of an asbestos removal
project at a facility subject to 326 IAC 14-10 without accreditation by the
Commissioner.
7. On January 14, 1997, a representative of IDEM conducted an inspection of the
Site. During the inspection, piles of asbestos-containing ceiling tile were
observed on the floor in the area where the workers of the Hobby Lobby Stores
were working. The inspector learned the Hobby Lobby workers had knocked the
ceiling tiles down. None of the Hobby Lobby workers were accredited to remove
asbestos. This situation constitutes a violation of 326 IAC 18-3-3(a)(4).
8. On August 13, 1997, representatives of Respondent met with representatives of
IDEM to discuss resolution of this cause. Based on documentation provided by
Respondent, the violation of 326 IAC 14-10-4(11)(B) alleged in the Notice of
Violation has been dismissed.
9. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
2. Within 90 days of the Effective Date of this Agreed Order, Respondent shall
ensure that all current employees that may be involved in building demolition or
renovation-related activities, including superintendents, foremen and workers,
attend, at a minimum, an asbestos awareness training course.
3. Within thirty (30) days of the training, Respondent shall submit to IDEM
documentation of the initial training of the current applicable employees, such as
the course outline and attendance sheet.
4. For any new employee that is hired into an applicable position, as listed above,
Respondent shall ensure that the employee receives asbestos awareness training
within ninety (90) days of the hire date.
5. Respondent shall ensure that records documenting the asbestos training be
maintained for each applicable employee until that employee no longer performs
the related activities for Respondent and that all the applicable employees be
retrained on an annual basis.
6. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Ginger Rees, Enforcement Case Manager
Office of Enforcement, Room N1315
Indiana Department of Environmental Management
P. O. Box 6015
Indianapolis, IN 46206-6015
7. Respondent is assessed a civil penalty of Three Thousand Five Hundred Dollars
($3,500). 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.
8. 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
P. O. Box 7060
Indianapolis, IN 46207-7060
9. In the event that the civil penalty required by paragraph 7 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.
10. 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.
11. 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.
12. 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.
13. This Agreed Order shall remain in effect for a period of two years after the
Effective Date of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Hobby Lobby Stores, Inc.
By: _________________________ By: _________________________
David P. McIver, Air Section Chief
Office of Enforcement Printed: ______________________
Date: ________________________ Title: ________________________
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 4/28/98
___________________________
David J. Hensel, Director
Office of Enforcement
Converted by Andrew Scriven