|
STATE OF
INDIANA |
) |
SS: |
BEFORE THE
INDIANA DEPARTMENT OF |
||||
|
|
) |
|
|
||||
|
COUNTY OF
MARION |
) |
|
ENVIRONMENTAL
MANAGEMENT |
||||
|
|
|||||||
|
COMMISSIONER
OF THE DEPARTMENT |
) |
|
|||||
|
OF
ENVIRONMENTAL MANAGEMENT, |
|
) |
|
||||
|
|
|
) |
|
||||
|
Complainant, |
|
) |
|
||||
|
|
|
) |
|
||||
|
|
v. |
|
) |
||||
|
|
|
) |
2020-27253-A |
||||
|
WOOLDRIDGE
CONSTRUCTION GROUP, |
|
) |
2020-27274-A |
||||
|
LLC, |
|
) |
|
||||
|
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 Wooldridge Construction Group, LLC, which owns and operates a construction
company which was contracted to perform demolition work at River Ridge
Development, located at 6800 East Highway 62, in Charlestown, Clark County,
Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) in conjunction with this Agreed Order via Electronic Mail
to:
|
Kelly Anne Gillum, President |
Jason Wooldridge, Registered Agent |
|
Wooldridge Construction Group, LLC |
Wooldridge Construction Group, LLC |
|
12308 St. Andrews Place |
15002 Railroad Street |
|
Sellersburg, IN 47172 |
Memphis, IN 47142 |
|
kelly@wooldridgeconstructiongroup.com |
Jason@wooldridgeconstructiongroup.com |
5.
During
an investigation including inspections conducted on November 6, 2019, July 5,
2020, and July 8, 2020 conducted by representatives of
IDEM, the following violations were found:
Based on the
Enforcement Action Letter issued to Respondent on November 25, 2019, case
number 2019-26641-A contains the following violations:
a.
Pursuant
to 326 IAC 14-10-3(g), regulated asbestos containing material (RACM) removal
work or any other activity, including site preparation, that would break up,
dislodge, or similarly disturb asbestos material, or demolition activities must
not begin on a date other than the date contained in the most recent written
notification.
Respondent disturbed
regulated flooring in building 708-4 at the Site prior to the date stated in
the latest notification, in violation of 326 IAC 14-10-3(g).
b.
Pursuant
to 326 14-10-4(b), each owner or operator of a demolition or renovation
activity is required to remove all RACM from a facility being demolished or
renovated before any activity begins that could disturb the material.
Respondent failed to remove regulated flooring in building
708-4 at the Site prior to demolition of the foundation, in violation of 326
IAC 14-10-4(b).
c.
Pursuant
to 326 IAC 18-2.1-1(a)(6), no person shall implement an asbestos project at a
facility without current licensing by IDEM.
Respondent implemented an asbestos project in building
708-4 at the Site without current licensing by IDEM, in violation of 326 IAC
18-2.1-1(a)(6).
Based on the Enforcement
Action Letter issued to Respondent on July 24, 2020, case number 2020-27253-A
contains the following violations:
d.
Pursuant
to 326 IAC 14-10-3(g), regulated asbestos containing material (RACM) removal
work or any other activity, including site preparation, that would break up,
dislodge, or similarly disturb asbestos material, or demolition activities must
not begin on a date other than the date contained in the most recent written
notification.
Respondent failed to start demolition activities on the
date stated on the most recent written notification, in violation of 326 IAC
14-10-3(g).
Based on the Enforcement
Action Letter issued to Respondent on August 19, 2020, case number 2020-27274-A
contains the following violations:
e.
Pursuant
to 326 IAC 14-10-4(b), each owner or operator of a demolition or renovation
activity is required to remove all RACM from a facility being demolished or
renovated before any activity begins that could disturb the material.
Respondent disturbed regulated flooring in building 704-8
at the Site during the removal of building material during demolition, in
violation of 326 IAC 14-10-4(b).
f.
Pursuant
to 326 IAC 18-2.1-1(a)(6), no person shall implement an asbestos project at a
facility without current licensing by IDEM.
Respondent implemented an asbestos project in building
704-8 at the Site without current licensing by IDEM, in violation of 326 IAC
18-2.1-1(a)(6).
6.
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 326 IAC 14-10
and 326 IAC 18-2.1 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 Seventeen Thousand Two Hundred Dollars
($17,200).
The civil
penalty shall be paid in six (6) monthly installments. The initial payment of Two Thousand Eight
Hundred Seventy-Five Dollars ($2,875) shall be due and payable to the Asbestos
Trust Fund within thirty (30) days of the Effective Date; the 30th day being
the “Due Date”. Five (5) additional
payments of Two Thousand Eight Hundred Sixty-Five Dollars ($2,865) each shall
be made, one within sixty (60) days of the Effective Date, the second within
ninety (90) days of the Effective Date, the third within one hundred twenty
(120) days of the Effective Date, the fourth within one hundred fifty (150)
days of the Effective Date, and the fifth within one hundred eighty (180) days
of the Effective Date. Interest shall
accrue on unpaid amounts at the rate established by IC 24-4.6-1-101.
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 has 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 |
|
Wooldridge Construction Group, LLC |
|||||
|
|
|
|
|||||
|
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 March 17, 2022 |
||||||
|
|
Matthew
Stuckey |
||||||
|
|
Assistant
Commissioner |
||||||
|
|
Office
of Air Quality Indiana
Department of Environmental Management |
||||||