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-4026
)
Winona Restoration Partners LLC, )
)
Respondent. )
2. Respondent is Winona Restoration Partners LLC (hereinafter referred to as
"Respondent"), a renovation contractor located at 101 Fourth Street in Winona
Lake, 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 via Certified Mail
to:
Brent Wilcoxson
Winona Lake Restoration Partners LLC
101 Fourth Street
Winona Lake, IN 46590
5. Respondent implemented an asbestos removal project at the Mount Memorial
Building in Winona Lake, Indiana on or about July 10, 1997, 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 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 will occur for the presence of
asbestos, including Category I and Category II nonfriable asbestos-containing
material.
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 during cutting or disjoining operations; and
(B) carefully lower each unit or section to the floor and to ground level, not
dropping, throwing, sliding, or otherwise damaging or disturbing the RACM.
Rule 326 IAC 18-3-3(a) requires that no person shall conduct the following
activities without accreditation by the commissioner:
(4) implement an asbestos removal project at a facility subject to 326 IAC 14-10.
7. On July 10, 1997, an IDEM representative inspected the Mount Memorial
Building. Upon arrival the inspector discovered 150 feet of linear pipe that had
been cut from the hangers and allowed to drop to the flow. The pipes were
covered with asbestos pipe insulation. The pipes were removed by unaccredited
personnel and the material was not adequately wet.
8. The renovation contractor did begin to suspect the material was asbestos
containing and had contacted an asbestos removal contractor before the date of the
inspection. The abatement contractor had sealed the area and put up warning tape.
The contractor had submitted a notification to IDEM to abate and properly
dispose the material.
9. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
II. ORDER
2. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Sue Burow, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46207-6015
3. Respondent is assessed a civil penalty of Two Thousand Five Hundred Dollars
($2,500.00). 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.
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 46207-7060
5. In the event that the civil penalty required by paragraph three (3) 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.
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 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.
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.
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 on March 11, 1998
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven