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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-4027(a)
                            )
SANDOR DEVELOPMENT CO., LLC,        )
                            )
        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 (IDEM), a department of the State of Indiana created by IC 13-13-1-1.

    2.    Respondent is Sandor Development Co., LLC (hereinafter referred to as "Respondent"), which owns the property located at 2600 Wabash Ave. 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, IDEM issued a Notice of Violation via Certified Mail to:

            Sid Eskenazi, President
            Sandor Development Co., LLC
            2220 N. Meridian St.
            Indianapolis, IN 46208

    5.    Respondent implemented a renovation project at 2600 Wabash Ave. in Terre Haute, Indiana on or about July 15, 1997, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).

    6.     Rule 326 IAC 14-10-3(1) requires that the owner or operator of a facility provide the Commissioner with written notice of intention to demolish or renovate and to update the notice as necessary.

        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.

    7.    On July 15, 1997, a representative of the Office of Air Management, IDEM conducted an inspection at the former K-mart store located at 2600 Wabash Ave., Terre Haute. The inspector noted that renovation, including removal of non-load bearing walls, had begun. The inspector learned that the renovation work began before an Indiana accredited asbestos inspector had inspected the facility for the presence of asbestos, a violation of Rule 14-10-1(a). The inspector confirmed with the Office of Air Management, IDEM that a notice of intent to renovate was not submitted to the Commissioner prior to commencement of the renovation project, a violation of Rule 326 IAC 14-10-3(1).

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

    9.    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.


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.    The following representative of the Respondent shall attend asbestos awareness training: Richard Newland. The Respondent shall submit a copy of the certificate of completion to IDEM as verification of course attendance. The training shall be completed within ninety (90) 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:

        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

    4.    Respondent is assessed a civil penalty of Four Thousand Dollars ($4,000.00). 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.

    5.    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

    6.    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.

    7.    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.

    8.    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.

    9.    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.

    10.    This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management        Sandor Development Co., LLC

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 May 4, 1998
                            David J. Hensel
                            Director
                            Office of Enforcement

Converted by Andrew Scriven