STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 1999-3521-A

)

KECHEL TOWER L.P. and )

TRIAD ASSOCIATES, INC., )

)

Respondents. )

AGREED ORDER

The Complainant and the Respondents desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of thefollowing Findings of Fact and Order.

I. FINDINGS OF FACT

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

2. Respondents are Kechel Tower L.P. and Triad Associates, Inc. ("Respondents"), which conducted a renovation project at the Masonic Temple at 4th & North Street located in Logansport, Indiana ("Site").

3. The Indiana Department of Environmental Management ("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 via Certified Mail to:

Mr. Larry Ulrich Mr. Thomas Schubert

Kechel Tower L.P. President and Registered Agent

1015 Michigan Ave. Triad Associates, Inc.

Indianapolis, IN 46947 6604 Hythe Road

Indianapolis, IN 46220

Mr. Ronald Katz, Registered Agent

Kechel Tower L.P.

1120 Market Tower

10 W. Market St.

Indianapolis, IN 46204

• An inspection, on March 16, 1999, was conducted at the Site by a representative of IDEM's Office of Air Management. The following violations were in existence or observed at the time of this inspection:



• Pursuant to 326 IAC 14-10-1, the owner or operator of a renovation activity is required to have an Indiana licensed inspector thoroughly inspect the facility for the presence of asbestos prior to engaging in any activity that could disturb the asbestos. The Respondents failed to have the facility inspected by an Indiana licensed inspector prior to engaging in an activity that could disturb asbestos, a violation of 326 IAC 14-10-1.



• Pursuant to 326 IAC 14-10-4(1), each owner or operator of a demolition or renovation activity is required to remove all regulated asbestos containing materials from a facility being demolished or renovated before any activity begins that could disturb the material. The Respondents failed to remove asbestos containing material in the facility before demolition or renovation activity began, a violation of 326 IAC 14-10-4(1).



• Pursuant to 326 IAC 14-10-4(6)(A), asbestos shall be adequately wetted, properly handled and disposed of to ensure asbestos fibers will not be released during or after removal. The Respondents failed to adequately wet or properly handle asbestos material during or after removal, a violation of 326 IAC 14-10-4(6).

• Pursuant to 326 IAC 14-10-4(11), any stripped, disturbed, or removed friable asbestos materials must be stored securely to prevent access to the material by unauthorized persons. The Respondents failed to store asbestos material securely, a violation of 326 IAC 14-10-4(11).



• Pursuant to 326 IAC 18-1-3(a)(5), no person shall implement an asbestos project at a facility without current licensing by IDEM. The Respondents were not Indiana licensed asbestos workers, a violation of 326 IAC 18-1-3(a)(5).

6. In recognition of the settlement reached, Respondent 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 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. Respondents shall comply with 326 IAC 14-10 and 326 IAC 18-1.

3. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Lynne Sullivan, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

4. Respondents are assessed a civil penalty of Nine Thousand Dollars ($9,000). Said penalty amount shall be due and payable to the Asbestos Trust Fund within 30 days of the Effective Date of this Agreed Order.

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:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by Order paragraph 4, is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondents 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 Respondents, their successors and assigns. The Respondents' 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.

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 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.

10. This Agreed Order shall remain in effect until Respondents have complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Kechel Tower L.P.

By: _________________________ By: _________________________

David McIver

Chief, Air Section Printed: ______________________

Office of Enforcement

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: ______________________

RESPONDENT:

Triad Associates, Inc.

By: _________________________

Printed: ______________________

Title: ________________________

Date: ________________________

COUNSEL FOR RESPONDENT:

By: ________________________

Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2000.

For the Commissioner:

Signed 2/23/01

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement