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VIA CERTIFIED MAIL# ____________________

NOTICE OF VIOLATION

To:    Mr. Herbert Simon, President            CT Corporation, Resident Agent
    Simon DeBartolo Group                Simon DeBartolo Group
    PO Box 7033                         1 North Capitol Ave.
    Indianapolis, Indiana 46207                Indianapolis, Indiana 46204
    

Cause Nos. A-4141 and SW-357

    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) conducted an inspection at Wabash Village located at 305 Sagamore Parkway in West Lafayette, Indiana ("the Site") on November 5, 1997. You were found in violation of the following rules.

COUNT I
A-4141

    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 material (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.

    Rule 326 IAC 18-3-3(a)(4) requires that no person shall implement an asbestos removal project at a facility subject to 326 IAC 14-10 without accreditation by the Commissioner.

    These violations are based on the fact that during inspection of the Site by IDEM, it was observed that asbestos containing floor and ceiling tile were not removed prior to renovation activities which disturbed RACM, a violation of 326 IAC 14-10-4(1). This material was removed by an unaccredited contractor, a violation of 326 IAC 18-3-3(a)(4).

COUNT II
SW-357

    Rule 329 IAC 10-8-1 states that: "After the effective date of this article, no person may process, dispose, cause, or allow to be processed or disposed, special waste except as provided in this rule, 329 IAC 10-5, 329 10-7, and 329 IAC 10-9." This violation is based on the fact that on October 17, 1998, you did not notify Waste Management of Lafayette that the roll off they picked up at 305 West Sagamore contained asbestos-containing material.

    Rule 329 IAC 10-8-4(b)(1) states that: "The generator or hauler shall provide the facility with sufficient notice in advance of the disposal such that the facility may prepare to accept the waste." This violation is based on the fact that the Oak Ridge Landfill was not notified that the roll off picked up from 305 West Sagamore on October 17, 1998, by Waste Management of Lafayette and disposed of at the Oak Ridge Landfill contained asbestos-containing material.

    Rule 329 IAC 10-8-4(b)(2) states that: "All asbestos-containing waste must be handled in accordance with the wetting, packaging, and labeling provisions of 40 CFR 61.145(c) and 40 CFR 61.150(a)." This violation is based on the fact that on October 17, 1998, asbestos- containing material from 305 West Sagamore was stacked in a roll off and not handled in accordance with the wetting, packaging, and labeling provisions of the rule.

    Rule 329 IAC 10-8-4(b)(3) states that: "Each load of asbestos-containing waste must be accompanied by a waste shipment record in accordance with 40 CFR 61.150(d) that must specify at least the following information:
    (A) Generator's name, complete mailing address, and telephone number.
    (B) Removal contractor's name, complete mailing address, and telephone number.
    (C) Removal project location.
    (D) Source of asbestos.
    (E) Volume or weight of waste for disposal.
    (F) Original signature of generator or cleanup contractor attesting that the information required in this subdivision is true and accurate."
This violation is based on the fact that the asbestos-containing roll off that was picked up by Waste Management of Lafayette on October 17, 1998, from 305 West Sagamore was disposed of at the Oak Ridge Landfill in Logansport without an asbestos waste shipment record.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day of any

violation.

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13- 14-10 or IC 13-14-2-6. Advantages of entering into an Agreed Order are:

    1.    You may not be required to admit that any violation occurred.

    2.    The civil penalty may be less than that imposed under an Order of the Commissioner.

    To discuss this matter further, please contact Lynne Donahue at 317/233-5521 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent to you for review and signature.

                            For the Commissioner:

Date:    Signed 2/23/98                _________________________
                            David J. Hensel
                            Director
                            Office of Enforcement

cc:    Janice Loughlin, US EPA Region 5
    Art Massing, Simon DeBartolo Group
    Jim Smith, Vision Construction Co., Inc.
    Tippecanoe County Health Department
    OAM Public File
    File 2D1
     http://www.ai.org/idem/
    
    

Converted by Andrew Scriven