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-4653

)

SHREE AMBE, INC. )

)

Respondent. )

AGREED ORDER

The Complainant and the 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.

I. FINDINGS OF FACT

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

2. Respondent is Shree Ambe, Inc. (hereinafter referred to as "Respondent"), which owns and operates the Howard Johnson Inn located at 130 Dixie Way South in South Bend, 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:

Nevin Patel, Jaynati Patel,

President Registered Agent for:

Shree Ambe, Inc. Shree Ambe, Inc.

8925 Alliston Hollow Way 130 Dixie Way South

Gaithersburg, VA 20879 South Bend, IN 46637

5. Respondent implemented a renovation project at the Howard Johnson Inn, 130 Dixie Way South in South Bend, Indiana on or about July 16, 1999, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).

• On July 16, 1999, a representative of the Office of Air Management (OAM), IDEM conducted an inspection at the Howard Johnson Inn, 130 Dixie Way South, South Bend, IN.

7. 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.

• A records review revealed that the facility was not inspected by an Indiana licensed asbestos inspector prior to commencement of an activity that could disturb asbestos, a violation of 326 IAC 14-10-1.

9. Pursuant to 326 IAC 18-1-3(a)(5), no person shall implement an asbestos project at a facility without current licensing by IDEM.

• During the inspection, the inspector learned that this asbestos project was implemented by a person not currently licensed by IDEM, a violation of 326 IAC 18-1-3(a)(5).

• 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.

12. During the inspection, the inspector observed asbestos material, in a dumpster, that was not adequately wetted or properly handled during or after removal, a violation of 326 IAC 14-10-4(6).

13. 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.

• During the inspection, the inspector observed asbestos containing material in an unsecured dumpster, a violation of 326 IAC 14-10-4(11).

15. Rule 326 IAC 14-10-4(13) No asbestos removal project shall be implemented at a facility regulated by this rule unless at least one Indiana licensed asbestos project supervisor, trained in the provisions of this rule and 40 CFR 61, Subpart M, and the means of complying with them, is present on-site in the work area during the asbestos removal project.

16. During the inspection, the inspector learned that an Indiana licensed asbestos project supervisor was not present during the asbestos removal project at the Howard Johnson Inn, a violation of rule 326 IAC 14-10-4(13).

17. 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:

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. Respondent is assessed a civil penalty of Three Thousand Four Hundred Dollars ($3,400.00). 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.

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 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.

6. 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.

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 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.

9. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Shree Ambe, Inc.

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:

Signed 6/27/00

___________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement