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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-3344 (a)
                            )
GARY COMMUNITY                )
SCHOOL CORPORATION,            )
                            )
        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 Gary Community School Corporation (hereinafter referred to as "Respondent"), which owns Horace Mann High School located at 524 Garfield St. in Gary, 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:

         William Brewer            George Connelly
        Registered Agent for:        Registered Agent for:
        BEMI Construction, Inc.        G. F. Connelly Mechanical
        655 N. Tippecanoe             Contractors, Inc.         
        Gary, IN 46403             2915 Summit Dr.
                            Long Beach, IN 46360

        Dr. James Hawkins            Aaron Carter, d/b/a
        Superintendent            Carter Demolition
        Gary Community School Corp.    2229 Taft Street
        620 E. Tenth Place            Gary, IN 46404
        Gary, IN 46402

    5.    Respondent implemented a renovation project at Horace Mann High School, 524 Garfield St., in Gary, Indiana on or about May 30, 1995, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).

    6.     Rule 326 IAC 14-10-4(2) requires that when a facility component covered or coated with friable regulated asbestos-containing material (RACM) is being taken out of the facility as units or sections, the friable RACM exposed during cutting or disjointing operations must be adequately wet.

        Rule 326 IAC 14-10-4(11)(A) requires that any stripped, disturbed or removed friable asbestos materials that are in a leak-tight wrapping and left at a facility or stored elsewhere prior to disposal, must be securely stored in a manner that restricts access by unauthorized persons to the material. The material must be stored in locked containers, rooms, trucks or trailers. Asbestos warning signs or labels must be prominently displayed on the door of the locked containers, rooms, trucks or trailers. If such secure areas are not available, other security measures must be employed, including the use of barriers, security guards or other measures approved by the commissioner. Asbestos warning labels must be posted in all areas where asbestos is stored.

        Rule 326 IAC 14-10-1(a)(1) requires, in part, that prior to commencement of demolition or renovation, the owner or operator shall use an Indiana accredited asbestos inspector to inspect thoroughly the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos.
    7.    On June 30, 1995, an inspector from the Office of Air Management, IDEM conducted a complaint related inspection at Horace Mann High School, 524 Garfield St., Gary, Indiana. The inspector observed RACM in a dumpster that was not secured, a violation of Rule 326 IAC 14-10-4(11)(A). The inspector determined that the RACM on components that had been removed from the boiler was dry and friable, a violation of Rule 326 IAC 14-10-4(2). The facility was not inspected by an Indiana accredited asbestos inspector, for the presence of asbestos, prior to the commencement of the renovation project, a violation of Rule 326 IAC 14-10-1(a)(1).
    
    8.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

    9.    Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not         constitute an admission of any violation contained herein.

II. ORDER

    1.    This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or his 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 Eleven Thousand Dollars ($11,000.00). Within thirty (30) days of the effective date of the Agreed Order, the Respondent shall pay a cash penalty of One Thousand One Hundred Dollars ($1,100.00). The payment shall be submitted to the Asbestos Trust Fund, as directed by paragraph 4. In lieu of payment of the remaining Civil Penalty, the Respondent shall perform and complete the Supplemental Environmental Project ("SEP"), as described in Exhibit A. Exhibit A is hereby incorporated by reference and made a part of this Agreed Order. The total funds expended on the SEP shall be a minimum of Nine Thousand Nine Hundred Dollars ($9,900.00). If the SEP is not completed in accordance with this agreement and within the specified time period,

the Respondent agrees to pay the remaining amount of the Civil Penalty, plus interest at the rate established by IC 24-4.6-1-101, to the Asbestos Trust Fund. Payment of the remaining Civil Penalty shall be submitted within fifteen (15) days from receipt of a notice to pay from IDEM. Interest on the remaining Civil Penalty shall be paid from 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 46206-7060

    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        Gary Community School Corporation

By:     _________________________        By: _________________________
    David J. Hensel
    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 August 29, 1997
                            David J. Hensel
                            Director
                            Office of Enforcement

EXHIBIT A

Gary Community School Corporation

Supplemental Environmental Project

    In order to prevent violations of IDEM regulations and protect our environment against fiber release, ground contamination from lead base paint or release of refrigerants destroying the ozone layer, the Gary Community School Corporation will implement the following training program:

     Course Outline - as follows:

    I.    Course    - Lead Building Inspector
        Trainer    - Environmental Management Institute, Inc.
        Employees    - Number        Craft
                    4        Painters
                    3        Plumbers
                 3         Administrators
        Total            10

        Course Cost    -    $3,685.00

    II.    Course    - Asbestos Building Inspector
        Trainer    - Environmental Management Institute, Inc.
        Employees    - Number        Craft
                    4        Plumbers
                    4        Pipefitters
                 2         Administrators
        Total         10

        Course Cost -     $3,585.00

    III.    Course    - OSHA Hazardous Technician / Professional
        Trainer    - Environmental Management Institute, Inc.
        Employees    - Number        Craft
                    3        Administrators

        Total Cost -        $1,275.00


    IV.    Course        - Refrigerant Recovery Training
        Trainer        - CHC Technologies Environmental Services Group
        Employees        - Number        Craft
                        5        Pipefitters

        Total Cost        - $2,600.00

         Total Training Cost        - $11,145.00

    * The initial training courses will be completed no later than June 1, 1998.

    * The GCSC shall supply copies of certificates of completion to IDEM as verification of      course completion.

Converted by Andrew Scriven