STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
) CAUSE NO. A-3399
v. ) CAUSE NO. A-3498
) CAUSE NO. A-3509
HOOSIER ASBESTOS ABATEMENT, INC. )
)
Respondent. )
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.
1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1 (IC 13-7-2-11 prior to July 1, 1996).
2. Respondent is Hoosier Asbestos Abatement, Inc., (hereinafter referred to as ("Respondent"), an asbestos abatement contractor licensed in the State of Indiana located at 210 Bluff Road in Greenwood, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-7-11-2(b) (currently IC 13-30-3-3), IDEM issued a Notice of Violation on June 19, 1996, via Certified Mail to:
Robert Seamon, Vice President
Hoosier Asbestos Abatement, Inc.
P.O. Box 1031
Greenwood, Indiana 46142
Agreed Order A-3399, A-3498, A-3509
Page 2
1. Rule 326 IAC 14-10-1(a)(1) states that, in a facility being demolished, all the notification requirements of section 3 of this rule apply and a notification is required even if no asbestos is present.
2. Rule 326 IAC 14-10-1(c) states that, in a facility being renovated, (1) the notification requirements of section 3 of this rule shall apply if the amount of RACM to be removed is at least 260 linear feet, 160 square feet or 35 cubic feet and (2) the emission control requirements of section 4 of this rule shall apply if the amount of regulated asbestos-containing material (RACM) to be removed is at least 3 linear feet, 3 square feet, or 0.75 cubic feet.
3. Respondent implemented an asbestos removal project at Indiana University's apartment building located at 509 Fess Avenue in Bloomington, Indiana, on or about June 8, 1995, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).
4. Rule 326 IAC 14-10-4(9) requires that, upon completion of stripping and removal operations for renovation projects described in section 1 (c) through 1 (f) of this rule, collect visible contamination of asbestos by employing one (1) or both of the following cleaning procedures:
(A) Vacuum all surfaces in the work area using a vacuum equipped with a HEPA filter and remove all standing water.
(B) Wet wipe or wet mop all surfaces in the work area and remove all standing water.
5. On June 14, 1995, a representative of IDEM conducted an inspection, at Indiana University's apartment building located at 509 North Fess Avenue, Bloomington, Indiana. The asbestos removal project implemented by Respondent had been completed but the inspector observed a couple of pieces of dry asbestos-containing material (ACM) on the floor of the basement near the stairway, and ACM debris still clinging to a pipe, a violation of 326 IAC 14-10-4(9).
6. The project supervisor for the asbestos removal project at Fess Avenue is Kenneth Bartell, Indiana accreditation number 191623060.
7. Respondent implemented an asbestos removal project at Morrison Hall on the Indiana University campus located in Bloomington, Indiana, beginning on or after July 26, 1995, to which rule 326 IAC 14-10-1(c) applies.
Agreed Order A-3399, A-3498, A-3509
Page 3
12. Rule 326 IAC 14-10-4(6)(A) requires the owner/operator, for all RACM, including material that has been removed or stripped, adequately wet the material and ensure that it remains wet until collected and contained or treated for disposal and is disposed of in accordance with 40 CFR 61.160 and 329 IAC 2-21 (RACM shall be adequately wet throughout all stages of disposal).
13. Rule 326 IAC 14-10-4(11)(B) requires, when an ongoing asbestos projet is interrupted for any non-emergency situation, all RACM that was disturbed, stripped or removed must be wetted and placed into leak-tight wrapping and stored in a manner consistent with 11(A). If the RACM that was stripped, disturbed, or removed is not, or cannot be collected, and placed into leak-tight wrapping and stored during the abatement interruption, an accredited Indiana worker or supervisor, must remain at the job site to prevent unauthorized persons from entering the work area. Asbestos warning signs or labels must be posted on all entrances and exists to the work area.
14. On August 9, 1995, an inspection was conducted of the asbestos removal project implemented by Respondent at Indiana University's Morrison Hall. The inspector observed that the containment and decontamination unit had been taken down. However, poly still remained around vertical pipe chases, and asbestos related equipment and warning signs still remained on site, indicating the project was not complete. An accredited Indiana worker or supervisor was not present at the job site to prevent unauthorized persons from entering the work area. The inspector found a piece of dry ACM on the floor. These observations constitute a violation of 326 IAC 14-10-4(6)(A) and 326 IAC 14-10-4(11)(B).
15. On July 25, 1996, Respondent met with representatives of Complainant to discuss possible resolution of these matters.
16. Based on evidence submitted by Respondent, complainant dismisses the violation of 326 IAC 14-10-3(1) cited in the Notice of Violation issued on June 19, 1996.
17. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
Agreed Order A-3399, A-3498, A-3509
Page 4
2. Within ten (10) days from the Effective Date of this Agreed Order, Respondent shall submit to IDEM a copy of the daily log for the day that the recleaning took place at the Fess Avenue project.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Air Section Chief, Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
Post Office box 6015
Indianapolis, Indiana 46206-6015
4. Respondent is assessed a civil penalty of Two Thousand Five Hundred Dollars ($2,500.00). Said penalty amount shall be due and payable to the Asbestos Trust Fund within thirty (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 Cause Number of this action and shall be mailed to:
Cashier
IDEM
P.O. Box 7060
Indianapolis, IN 46206-7060
6. In the event that the civil penalty required by 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 officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute 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.
Agreed Order A-3399, A-3498, A-3509
Page 5
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 Hoosier Asbestos Abatement, Inc:
By: Signed 6/30/97 By: Signed 7/25/97
Lynne J. Donahue, Acting Chief
Air Section, Office of Enforcement Printed:
Title:
Date: Date:
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: Signed 7-11-97 By:
Office of Legal Counsel
Department of Environmental Management
Date: Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS DAY OF , 199 .
Signed July 16, 1997
John M. Hamilton
Commissioner