STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. )CAUSE NO. A-4275 or 1998-3243-A
)
RICK AND SHARON MOORE, )
)
Respondents. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondents are Rick and Sharon Moore (hereinafter referred to as
"Respondents"), who owned the property located at 301 South Newton Street, in
Goodland, Indiana at the time of the violations.
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, IDEM issued a Notice of Violation via Certified Mail
to:
Rick and Sharon Moore
501 North 3rd St.
Kentland, IN 47951
5. The Respondents implemented an asbestos removal project at 301 South Newton
Street in Goodland, Indiana on or about May 1, 1998, to which the requirements
of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).
6. On May 1, 1998, a representative of the Office of Air Management, IDEM
conducted an inspection of the apartment building located at 301 South Newton
Street, Goodland, IN.
7. Rule 326 IAC 14-10-4(6) requires that Regulated Asbestos Containing Material
(RACM), which has been stripped or removed, be adequately wet and remain wet
until proper disposal.
8. During the inspection the inspector noted fifteen to twenty (15-20) garbage bags,
in the basement of the building, containing RACM debris that were not adequately
wet, a violation of Rule 326 IAC 14-10-4(6).
9. Rule 326 IAC 14-10-4(9) requires that the owner or operator upon completion of
stripping and removal operations shall collect all visible RACM contamination.
10. During the inspection the inspector observed RACM on top of the garbage bags
containing RACM waste, a violation of Rule 326 IAC 14-10-4(9).
11. Rule 326 IAC 14-10-4(10) requires that upon completion of the cleanup
requirements, an Indiana Accredited supervisor shall perform a final visual
inspection of the work area for visible suspect RACM debris.
12. The inspector learned that an Indiana Accredited supervisor did not perform a
final visual inspection of the RACM abatement project performed in the basement
of the apartment building, a violation of Rule 326 IAC 14-10-4(10).
13. Rule 326 IAC 14-10-4(11)(A) requires that any stripped, disturbed or removed
RACM left at a facility prior to disposal, must be securely stored in a manner that
restricts access by unauthorized persons to the material.
14. The garbage bags containing RACM, observed during the inspection, were not
stored in a way that would prevent access by unauthorized persons, a violation of
Rule 326 IAC 14-10-4(11)(A).
15. Rule 326 IAC 14-10-4(13) requires that no asbestos removal project shall be
implemented at a facility regulated by this rule unless at least one (1) Indiana
accredited asbestos project supervisor is present on-site in the work area during
the asbestos removal project.
16. The inspector learned that an Indiana accredited asbestos project supervisor was
not present during the removal project, a violation of Rule 326 IAC 14-10-4(13).
17. Rule 326 IAC 18-1-3(a) no person shall implement an asbestos project at a facility
without accreditation by the commissioner.
18. The inspector learned that the individual who removed the RACM in the
basement of the apartment building was not accredited by the Commissioner, a
violation of Rule 326 IAC 18-1-3(a).
19. In recognition of the settlement reached, the Respondents waive 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 the
Complainant or her delegate, and has been received by the Respondents. This
Agreed Order shall have no force or effect until the Effective Date.
2. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Craig Henry, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
3. The Respondents are assessed a civil penalty of Six Thousand Two Hundred Fifty Dollars ($6,250.00). The civil penalty will be paid in twelve (12) consecutive monthly installments. The Respondents shall make eleven (11) installments of five hundred dollars ($500.00) each and a final installment of seven hundred fifty dollars ($750.00). The first installment of the civil penalty shall be due and
payable to the Asbestos Trust Fund within thirty (30) days of the Effective Date of
this Agreed Order.
4. 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
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
5. In the event that the first installment of the civil penalty required by paragraph 3 is
not paid within thirty (30) days of the Effective Date of this Agreed Order or any
subsequent payment is not paid in thirty (30) day intervals, 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.
6. This Agreed Order shall apply to and be binding upon the Respondents, their
officers, directors, principals, agents, successors, subsidiaries, and assigns. The
Respondent's signatories to this Agreed Order certify that they are fully authorized
to execute this document and legally bind the parties they represent. No change in
ownership, corporate, or partnership status of the Respondents shall in any way
alter its status or responsibilities under this Agreed Order.
7. 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.
8. The Respondents shall provide a copy of this Agreed Order, if in force, to any
subsequent owners or successors before ownership rights are transferred.
Respondents shall ensure that all contractors, firms and other persons performing
work under this Agreed Order comply with the terms of this Agreed Order.
9. This Agreed Order shall remain in effect until the Respondents have complied
with all terms and conditions of this Agreed Order.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ 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___.
For the Commissioner:
Signed May 30, 2000
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven