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. 2002-11296-A

)

SPRINGFIELD ANALYTICAL, INC., ) )

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 Springfield Analytical, Inc. (ARespondent@), and has its main office located at 4004 Eagle Wing Road, Springfield, Illinois. The Respondent was contracted by Garst Seed to inspect two structures scheduled for demolition located at 502 East Kent Street, Kentland, Newton 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 April 12, 2002, IDEM issued a Notice of Violation via Certified Mail to:

 Mr. Jeffrey Shourd, President Ms. Margaret Louise Van Dijk
Springfield Analytical, Inc. Registered Agent
4004 Eagle Wing Road 12 Woodland Trail
Springfield, Illinois 62707 Rochester, Illinois 62563 5. A representative of IDEM conducted an inspection on January 24, 2002 of the Site. The following violation was in existence at the time of the inspection: a. Pursuant to 326 IAC 18-1-3(a)(1), no person shall inspect for asbestos containing materials at a facility without current licensing by IDEM. The IDEM inspector noted that this asbestos project was not inspected by a currently licensed inspector, a violation of 326 IAC 18-1-3(a)(1). 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 Three Thousand and Four Hundred Dollars ($3,400). Said penalty amount shall be due and payable to the Asbestos Trust Fund within 30 days of the Effective Date of this Agreed Order.

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 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.

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

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 ____________________, 2003.
 

For the Commissioner:

Signed April 9, 2003

___________________________

Felicia A. Robinson

Deputy Commissioner for Legal Affairs