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. 2002-11492-A
)
SPECIALTY SYSTEMS, 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. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.
I. FINDINGS OF FACT
1. Complainant is the Commissioner ("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 Specialty Systems, Inc., ("Respondent"), owner/operator who implemented an asbestos abatement project located at the Ramada Inn, located in Columbus, Indiana, Bartholomew County ("Site").
Specialty Systems, Inc.
Agreed Order 2002-11492-A
Page 2
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, on September 6, 2002, IDEM issued a Notice of Violation via Certified Mail to:
Mr. John Merrick, President Mr. Fred Treadway, Registered Agent
Specialty Systems, Inc. Specialty Systems, Inc.
308 South State Avenue 302 South State Avenue
Indianapolis, Indiana 46201 Indianapolis, Indiana 46201
5. An inspection, on February 27, 2002, was conducted at the Site by a representative of IDEM's Asbestos/Lead Section. The following violations were in existence or observed at the time of this inspection:
a. 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 unsecurely, 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.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Mrs. Amy L. Moreland, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
Agreed Order 2002-11492-A
Specialty Systems, Inc.
Page 3
4. Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000). Said penalty amount shall be due and payable to the Asbestos Trust Fund within 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 case number (2002-11492-A) 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 Order 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 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.
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 until Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Specialty Systems, Inc.
By: _________________________ By:
David P. McIver
Chief, Air Enforcement Section
Office of Enforcement Printed:
Title:
Date: ________________________ Date:
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management Specialty Systems, Inc.
By: _________________________ By:
Jay Rodia
Office of Legal Counsel
Department of Environmental Management
Date: _______________________ Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2003.
For the Commissioner:
signed 9/22/2003
___________________________
Felicia A. Robinson
Deputy Commissioner
For Legal Affairs