STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2019-26565-A
					)
MIDWEST ASBESTOS ABATEMENT					)
CORPORATION,					)
Respondent.					)

AGREED ORDER

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 Indiana Code (“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 (“IDEM”), a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Midwest Asbestos Abatement Corporation (“Respondent”), which owns and operates an asbestos abatement company located at 560 Turner Boulevard, in Saint Peters, Missouri.

3. Respondent was contracted to perform asbestos abatement at the former Franciscan Health Hospital, located at 1501 Hartford Street in Lafayette, Tippecanoe County, Indiana (“Site”).

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

5. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) in conjunction with this Agreed Order via Electronic Mail to:

Jeffrey Blanton, President Corporation Service Company,

Midwest Asbestos Abatement Corporation Registered Agent

560 Turner Blvd. 135 N. Pennsylvania St.

Saint Peters, MO 63376 Suite 1610

jblanton@maa-stl.com Indianapolis, IN 46204

sop@cscglobal.com

6. During an investigation including an inspection on October 9, 2019 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 326 IAC 14-10-4(d), when regulated asbestos containing material (“RACM”) is stripped from a facility component while it remains in place in the facility, the RACM must be adequately wet during the stripping operation.

Respondent failed to adequately wet RACM during the stripping operation at the Site, in violation of 326 IAC 14-10-4(d).

b. Pursuant to 326 IAC 14-10-4(k)(1)(A)(ii), for any RACM or suspect RACM, the following requirements must be met: any stripped, disturbed, or removed friable asbestos materials, including material that is in a leak-tight wrapping and left at a facility or stored elsewhere prior to disposal, must be securely stored as follows: the material must be stored in locked containers, rooms, trucks, or trailers.

Respondent failed to lock the container where abated RACM was being stored at the Site, in violation of 326 IAC 14-10-4(k)(1)(A)(ii).

c. Pursuant to 326 IAC 14-10-4(k)(1)(B)(i), for any RACM or suspect RACM, the following requirements must be met: any stripped, disturbed, or removed friable asbestos materials, including material that is in a leak-tight wrapping and left at a facility or stored elsewhere prior to disposal, must be securely stored as follows: Asbestos warning signs or labels must be prominently displayed: on the door of the locked containers, rooms, trucks, or trailers.

Respondent failed to secure an asbestos warning sign to the door of the container where abated RACM was being stored at the Site, in violation of 326 IAC 14-10-4(k)(1)(B)(i).

d. Pursuant to 326 IAC 18-2.1-1(b)(2), except under section 6(3) of this rule, at any time while performing activities specified in subsection (a), a licensed person shall carry an Indiana asbestos license.

Respondent’s workers failed to carry an Indiana asbestos license while performing asbestos removal activities at the Site, in violation of 326 IAC 18-2.1-1(b)(2).

7. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 Complainant or Complainant’s delegate and has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with the rules listed in the findings of fact above.

3. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Jennifer Bailey, Senior Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

Jbailey2@idem.in.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Six Thousand Two Hundred Dollars ($6,200.00). Said penalty amount shall be due and payable to the Asbestos Trust Fund within thirty (30) days of the Effective Date; the thirtieth day being the “Due Date.”

5. 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

6. In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance. Such interest shall be payable to the Asbestos Trust Fund and shall be payable to IDEM in the manner specified in Paragraph 5, above.

7. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

8. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

9. No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

10. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

11. 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.

12. 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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

13. 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. Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

14. 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 violations specified in the NOV.

15. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (“U.S. 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 U.S. EPA or any other agency or entity.

16. This Agreed Order shall remain in effect until Respondent have complied with all terms and conditions of this Agreed Order and IDEM has issued a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Midwest Asbestos Abatement Corporation
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
Date:			Date:
COUNSEL FOR COMPLAINANT:			COUNSEL FOR RESPONDENT:
For the Department of Environmental Management
By:			By:
Date:			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2022.
			For the Commissioner:
			Signed on August 16, 2022
			Matthew Stuckey
			Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management