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. 1999-3633-A
)
Preferred Environmental Services, Inc., )
)
Respondent. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondent is Preferred Environmental Services, Inc. (hereinafter referred to as
"Respondent"), an asbestos abatement contractor licensed in the State of Indiana
located at 6021 Highview Dr. in Fort Wayne, Indiana.
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:
Jerry D. Brown, President
Preferred Environmental Services, Inc.
6021 Highview Dr.
Fort Wayne, IN 46818
5. Respondent implemented an asbestos removal project at the Jefferson Proving
Grounds in Madision, Indiana on or about August 11, 1999, to which the
requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).
6.
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 IDEM inspector observed asbestos material that was not
adequately wetted or properly handled during or after removal, a violation of 326
IAC 14-10-4(6).
7.
Pursuant to 326 IAC 14-10-4(9), visible contamination of asbestos shall be
collected upon the completion of removal operations. The IDEM inspector
observed that the owner/operator failed to collect visible contamination of
asbestos after the asbestos project was completed, a violation of 326 IAC 14-10-
4(9).
8. The project supervisor for the asbestos removal project involved in the violations
is Jerry H. Fritz, Indiana accreditation number 192504048.
9. 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 Respondent. 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:
Chad Pigg, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
3. Respondent is assessed a civil penalty of Two Thousand Dollars ($2,000). Said
penalty amount shall be due and payable to the Asbestos Trust Fund within thirty
(30) days of the Effective Date of this Agreed Order.
6. 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
7. In the event that the civil penalty required by paragraph 3 is not paid within thirty
(30) days of the Effective Date of this Agreed Order, 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.
8. This Agreed Order shall apply to and be binding upon the Respondent, its 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 Respondent shall in any way
alter its status or responsibilities under this Agreed Order.
9. 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.
10. The Respondent shall provide a copy of this Agreed Order, if in force, to any
subsequent owners or successors before ownership rights are transferred.
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. This Agreed Order shall remain in effect until Respondent has 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 ____________________, 20___.
For the Commissioner:
Adopted 3-17-2000
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven