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. 2002-11410-A
)
TAYLOR BROTHERS CONSTRUCTION )
COMPANY, 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 Taylor Brothers Construction Company, Inc. (ARespondent"), located at 3190 Rocky Ford Road, Columbus, Bartholomew County, Indiana. Respondent was contracted to perform work at the Ramada Inn, 2485 Jonathan Moore Pike, Columbus, Bartholomew 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 May 29, 2002, IDEM issued a Notice of Violation via Certified Mail to:
David A. Doup, President and Registered Agent
Taylor Brothers Construction, Co. Inc.
3190 Rocky Ford Road
Columbus, Indiana 47201
5. An inspection on January 31, 2002, was conducted at the Site by a representative of IDEM's Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this 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(6)(A), asbestos shall be adequately wetted, properly handled and disposed of to ensure asbestos fibers will not be released during or after removal. The IDEM inspector observed asbestos material that was not adequately wetted or properly handled during or after removal, a violation of 326 IAC 14-10-4(6).
c. 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 insecurely, a violation of 326 IAC 14-10-4(11).
d. Pursuant to 326 IAC 14-10-4(13), no asbestos removal project shall be implemented at a facility unless at least one (1) Indiana licensed asbestos project supervisor is present on-site in the work area during the asbestos removal project. The IDEM inspector noted that an asbestos project supervisor was not on-site during the asbestos removal project, a violation of 326 IAC 14-10-4(13).
e. Pursuant to 326 IAC 18-1-3(a)(5), no person shall implement an asbestos project at a facility without current licensing by IDEM. The IDEM inspector noted that this asbestos project was not implemented by current licensed workers, a violation of 326 IAC 18-1-3(a)(5).
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 shall comply with 326 IAC 14-10-3, 326 IAC 14-10-4 and 326 IAC 18-1-3.
3. Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000). This penalty reflects a significant reduction based upon evidence submitted by the Respondent who adequately demonstrated an inability to pay the original penalty amount assessed based on IDEM's civil penalty policy. Four Hundred and Twenty Four Dollars ($424) is due and payable to the Asbestos Trust Fund within thirty (30) days of the Effective Date of this Agreed Order. The remaining amount of Four Thousand and Five Hundred and Seventy Six Dollars ($4,576) is to be paid in eleven (11) monthly installments of Four Hundred and Sixteen Dollars ($416) due and payable to the Asbestos Trust Fund on or before the following dates:
February 15, 2003 March 15, 2003 April 15, 2003
May 15, 2003 June 15, 2003 July 15, 2003
August 15, 2003 September 15, 2003 October 15, 2003
November 15, 2003 December 15, 2003
4. 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
5. In the event that the civil penalty required by Order paragraph 3 is not paid in accordance with the payment schedule set forth in Section II, Paragraph 3, of this Agreed Order, Respondents 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.
6. 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.
7. 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.
8. 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.
9. 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 ____________________, 200 .
For the Commissioner:
Signed November 20, 2002
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs