STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

    1. )

)

M & O ENVIRONMENTAL 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. 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.

  1. FINDINGS OF FACT

    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 M & O Environmental Company (hereinafter referred to as "Respondent"), an asbestos abatement contractor licensed in the State of Indiana located at 17217 South Ashland Avenue in East Hazel Crest, Illinois.
    3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
    4. Pursuant to IC 13-30-3-3 (IC 13-7-11-2(b) prior to July 1, 1996), IDEM issued a Notice of Violation on November 27, 1996, via Certified Mail to:

      5. Kevin Doherty, Vice President

      M & O Environmental Company

      17217 Ashland Avenue

      East Hazel Crest, IL 60429

    5. Respondent implemented an asbestos removal project at US Steel Company, Building 339, in Gary, Indiana on or about May 3, 1996, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).
    6. Rule 326 IAC 14-10-4(6)(A) requires that, for all regulated asbestos-containing material (RACM), including material that has been removed or stripped, the material be adequately web and that it remains wet until collected and contained or treated for disposal and is disposed of in accordance with 40 CFR 61.150 and 329 IAC 2-21 (RACM shall be adequately wet throughout all stages of disposal).

      7.  

       

      Agreed Order A-3657

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    7. On May 3, 1996, an IDEM representative conducted an inspection of the asbestos removal project mentioned above. During the inspection, it was observed that a sealed bag of ACM waste inside containment had no evidence of moisture, a violation of 326 IAC 14-10-4(6)(A).
    8. Rule 326 IAC 14-10-4(11) requires that, for any RACM or suspect RACM,
    1. Any stripped, disturbed or removed friable asbestos materials that are in a leak-tight wrapping and left at a facility or stored elsewhere prior to disposal, must be securely stored in a manner that restricts access by unauthorized persons to the material. The material must be stored in locked containers, rooms, trucks or trailers. Asbestos warning signs or labels must be prominently displayed on the door of the locked containers, rooms, trucks or trailers. If such secure areas are not available, other security measures must be employed, including the use of barriers, security guards or other measures approved by the Commissioner. Asbestos warning labels must be posted in all areas where asbestos is stored.
    2. When an ongoing asbestos project 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 exits to the work area.
    1. During the above-mentioned inspection it was also observed that approximately 25 bags of ACM waste were stored in an unlocked dumpster, and approximately 30 bags of ACM waste, some open and some sealed, inside containment, which was not secured by lock or guard to restrict unauthorized access while the abatement crew was at lunch, a violation of 326 IAC 14-10-4(11).
    2. The project supervisor for the asbestos removal project involved in the violations is Scott Norman, Indiana accreditation number 198208302.
    3. On February 5, 1997, Respondent met with representatives of Complainant to discuss resolution of this case.
    4. Since June 1, 1996, Respondent has hired a third-party consultant to ensure Respondent operates their asbestos removal project's at US Steel in compliance with the regulations.
    5. Prior to the beginning of each asbestos removal project, Respondent conducts a safety meeting with the crew. Those meetings now also specify how the asbestos regulations are applicable to the project.
    6. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

  1. 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.
    2. For a period of two (2) years after the Effective Date of this Agreed Order, Respondent shall retain the services of a third-party consultant to monitor the asbestos removal project's they conduct at the US Steel facility in Gary, Indiana.

      3. Agreed Order A-3657

      Page 3

       

    3. Respondent shall continue to include applicable asbestos regulations in their safety meetings prior to the beginning of each asbestos removal project.
    4. Respondent is assessed a civil penalty of Thirteen Thousand Five Hundred Dollars ($13,500). Said penalty amount shall be due and payable to the Asbestos Trust Fund in two (2) installments of Six Thousand Seven Hundred Fifty Dollars ($6,750) each. The first installment shall be due within thirty (30) days of the Effective Date of this Agreed Order. The second installment shall be due within sixty (60) days of the Effective Date.
    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:

      6. Cashier

      IDEM

      PO Box 7060

      Indianapolis, IN 46206-7060

    6. In the event that the civil penalty required by paragraph 4 is not paid within sixty (60) 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.
    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 for a period of two (2) years after the Effective Date of this Agreed Order.

 

 

 

 

 

 

 

 

 

 

 

 

Agreed Order A-3657

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TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management M & O Environmental Company

By: _______________________________ By: _______________________________

Pat Carroll

Office of Enforcement Printed:_____________________________

Title: _______________________________

Date:______________________________ Date: ______________________________

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: _______________________________ By: _______________________________

Office of Legal Counsel

Date: ______________________________ Date: ______________________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS ________ DAY OF _______________, 1997.

For the Commissioner:

Signed March 26, 1997

___________________________________

Patrick Carroll

Director

Office of Enforcement