STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2001-10530-A
)
AMERICAN ENVIRONMENTAL )
ABATEMENT COMPANY, )
)
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 (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is American Environmental Abatement Company (ARespondent@), which has its main office located at 714 Buchanan Street #14, Indianapolis, Marion County, Indiana. The Respondent was contracted to abate asbestos at the former Evans School, located at 1715 East 38th Street in Marion, Grant County, Indiana ("Site").
3. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on September 17, 2002, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Jeffery G. Watkins Mr. Stephen A. Bryson, Secretary
President and Registered Agent AEAC
AEAC 1027 North Irvington Avenue
714 Buchamana St. 14 Indianapolis, Indiana 46219
Indianapolis, Indiana 46203
5. A representative of IDEM conducted an inspection on May 15, 2001 and May 21, 2001 of the Site. The following violations were in existence at the time of the inspection:
a. Pursuant to 326 IAC 14-10-3(1), each owner or operator of a demolition or renovation activity is required to provide IDEM with written notice of the intention to demolish or renovate and update the notice as necessary. The IDEM inspector noted that the owner or operator failed to provide IDEM with a notification, a violation of 326 IAC 14-10-3(1).
b. Pursuant to 326 IAC 14-10-4(4), after a facility component covered with, coated with or containing Regulated Asbestos Containing Material (RACM) has been taken out of the facility as a unit, it shall be stripped or contained in leak-tight wrapping. The IDEM inspector observed RACM on a boiler that had been removed from the facility and was not in leak-tight wrapping, a violation of 326 IAC 14-10-4(4).
c. Pursuant to 326 IAC 14-10-4(5), for large facility components that must be handled in accordance with 326 IAC 14-10-4(2) through (4), the RACM is not required to be stripped if the component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM, the component is encased in leak-tight wrapping and the leak tight wrapping is labeled according to 40 CFR 61.149 during all loading and unloading operations and during storage. The IDEM inspector observed RACM on a boiler that had been removed from the facility and was not in leak-tight wrapping or signed appropriately, a violation of 326 IAC 14-10-4(5).
d. Pursuant to 326 IAC 14-10-4(11), any stripped, disturbed, or removed friable asbestos materials must be stored securely to prevent access to the material by unauthorized persons. The IDEM inspector observed asbestos material being stored in an unsecured manner, a violation of 326 IAC 14-10-4(11).
6. 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 her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondent is assessed a civil penalty of Two Thousand Dollars ($2,000). This penalty reflects a significant reduction based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay the original penalty amount assessed based on IDEM's civil penalty policy. The civil penalty shall be paid in the following manner: six-month payment plan consisting of one (1) monthly installment of Five Hundred Dollars ($500) and five (5) monthly installments of Three Hundred Dollars ($300). Said penalty amount shall be due and payable to the Asbestos Trust Fund. The first installment shall be made within 30 days of the Effective Date of this Agreed Order; all following installments are due no later than the 30th of each month thereafter until paid in full.
3. Civil penalties are payable by check to the Asbestos Trust Fund. Checks shall include the Case Number of this action and shall be mailed to:
Cashier
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
4. In the event that the civil penalty required by Order paragraph 2, is not paid in accordance with the payment schedule set forth in Section II, Paragraph 2, 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.
5. This Agreed Order shall apply to and be binding upon the Respondent, its successors 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.
6. 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.
7. 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.
8. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management American Environmental Abatement Co.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section Printed: ______________________
Office of Enforcement
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Jay Rodia
Office of Legal Counsel
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 200 .
For the Commissioner:
Signed March 27, 2003
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs