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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-4057
                            )
G.E. Plastics,                        )
                            )
        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, a department of the State of Indiana created by IC 13-13-1-1.

    2.    Respondent is G. E. Plastics (hereinafter referred to as "Respondent"), the property owner located at 1 Lexan Lane in Mount Vernon, 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:
            Jack Kolcum
            G. E. Plastics
            1 Lexan Lane
            Mt. Vernon, IN 47620

    5.    Respondent implemented an asbestos removal project at 1 Lexan Lane in Mount Vernon, Indiana on or about August 14, 1997, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).

    6.    Rule 326 IAC 14-10-4(11)(A) requires that any stripped, disturbed, or removed friable asbestos materials that are 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. 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.

    7.    On August 14, 1997, during an IDEM inspection, two dumpsters containing asbestos waste were identified. Neither dumpster was locked nor were any asbestos warning signs displayed, a violation of 326 IAC 14-10-4(11)(A).

          IDEM re-inspected the two dumpsters on September 10, 1997, and observed that the two dumpsters were locked and labeled as required by 326 IAC 14-10- 4(1)(A).

    9.    Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute admission of any violation contained herein.

    10.    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 his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

    2.    Respondent shall comply with 326 IAC 14-10-4(11)(A).

    3.    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 46206-6015


    4.    Respondent is assessed a civil penalty of Two Thousand Five Hundred Dollars ($2500.00). 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 for a period of two (2) years after the Effective Date of the Agreed Order.

TECHNICAL RECOMMENDATION:        G. E. Plastics:
Department of Environmental Management

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