Respondent Name: Specialty Systems of South Bend, Inc.

Case Number:         2019-25915-A




Complainant and 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.





1.             Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.


2.             Respondent owns and operates an asbestos abatement company located at 24501 Research Dr. in South Bend, Indiana. Respondent performed an asbestos abatement project at the Nieuwland Science Hall at the University of Notre Dame du Lac campus in Notre Dame, Saint Joseph County, Indiana (the “Site”).


3.             IDEM has jurisdiction over the parties and the subject matter of this action.


Joe W. Taylor, President

Georgianne M. Walker, Esq,

Specialty Systems of South Bend, Inc.

Registered Agent

24501 Research Dr.

4100 Edison Lakes Parkway, Suite 100

South Bend, IN 46628

Mishawaka, IN 46545


4.             Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via certified mail to:

5.             At the time of an inspection conducted on December 20, 2018, the following violation was in existence or observed at the Site by a representative of IDEM’s Office of Air Quality (“OAQ”).


a.             Pursuant to 326 IAC 14-10-4(9), Respondent shall, upon completion of asbestos stripping and removal operations for demolition and renovation projects, collect all visible contamination of asbestos by either vacuuming all surfaces in the work area using a vacuum equipped with a HEPA filter, or wet wiping or wet mopping all surfaces in the work area.

Respondent failed to collect all visible asbestos contamination by vacuum or wet wiping of all surfaces in the work area upon completion of abatement on the second floor of the “Site”, in violation of 326 IAC 14-10-4(9).


6.             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 adopted via signature by Complainant or Complainant’s delegate, and the adopted Agreed Order has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.  This offer to settle the allegations contained in this Agreed Order does not bind or obligate the parties of this enforcement action if the Agreed Order is not adopted.


2.             Respondent is assessed a civil penalty of Five Hundred Dollars ($500.00).  Respondent shall pay said penalty amount no later than fifteen (15) days after the Effective Date (“Due Date”).  In the event that the civil penalty is not paid by the Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.


3.             In the event the terms and conditions of this Agreed Order are violated, Complainant may seek additional relief.

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:


IDEM Office of Legal Counsel

IGCN, Rm  N1307

100 N Senate Ave

Indianapolis, IN  46204


5.             This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns.  Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.


6.             In the event that any terms of this 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 this Agreed Order did not contain the invalid terms.


7.             This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit.  This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permit or any applicable Federal or State law or regulation.


8.             Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation.


9.             Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.


10.          Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the United States Environmental Protection Agency (“EPA”) or any other agency or entity about any matters relating to this enforcement action.  IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.


11.          Respondent warrants, at the time of its entry into this Agreed Order, that it is in compliance with the requirements of 326 IAC 14-10-4(9).


12.          The parties were free to consult with their respective counsel regarding entry into this Agreed Order to the extent each deemed necessary.






Department of Environmental Management


Specialty Systems of South Bend, Inc.










David P. McIver, Chief





Enforcement Section





Office of Air Quality






















, 2019.



For the Commissioner:




Signed on March 22, 2019


Matthew Stuckey, Deputy Assistant Commissioner


Office of Air Quality






* In the event that Respondent does not accept the settlement offer contained in this Agreed Order, IDEM notes that this document is a qualified offer of settlement, and therefore Rule 408 of Indiana Rules of Evidence applies to this document, rendering it inadmissible.