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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-3480(b) & A-3532
                            )
CENTIN 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(IC 13-7-2-11 prior to July 1, 1996).

    2.    Respondent is Centin Corporation (hereinafter referred to as "Respondent"), an asbestos abatement contractor licensed in the State of Indiana located at 6601 N. Interchange Road in Evansville, 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 (IC 13-7-11-2(b) prior to July 1, 1996), IDEM issued a Notice of Violation on April 2, 1996 via Certified Mail to:

            C.T. Corp.                Walt Hatfield
            Registered Agent for:            Centin Corporation
            Centin Corporation            P. O. Box 5583
            One North Capitol            Evansville, IN 47716
            Indianapolis, IN 46204

    5.    Respondent implemented an asbestos removal project at Colgate-Palmolive, South Clark Street in Jeffersonville, Indiana on or about November 6, 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(6)(A) requires that friable asbestos materials be adequately wet to ensure that they remain wet until collected and contained or treated for disposal and are disposed of in accordance with state and federal rules and regulations. Regulated asbestos containing material (RACM) shall be adequately wet throughout all stages of disposal.

        Rule 326 IAC 14-10-4(3) requires that friable regulated asbestos-containing materials (RACM) be adequately wet when they are being stripped from facility components before the members are removed from the facility.    

         Rule 326 IAC 14-10-4(11)(B) requires that when an ongoing asbestos project is interrupted for any non emergency situation, all RACM that was disturbed, stripped or removed must be wetted and placed into leak-tight wrapping and stored in a manner consistent with 11(A). If the RACM that was stripped, disturbed, or removed is not, or cannot be collected, and placed into leak-tight wrapping and stored during the abatement interruption, an accredited Indiana worker or supervisor, must remain at the job site to prevent unauthorized persons from entering the work area. Asbestos warning signs or labels must be posted on all entrances and exits to the work area.

    7.        On November 8, 1995, an inspector representing OAM, IDEM conducted a routine inspection at Colgate-Palmolive, South Clark St., Jeffersonville, IN. The inspector inspected an asbestos abatement project being implemented by employees of Centin Corp. The inspector observed a contract employee enter a partial containment and then exit one minute later. The inspector entered the partial containment and noted dry and friable RACM in a polyethylene cradle beneath abated piping. There was not an Indiana accredited worker or supervisor in the area to prevent unauthorized access to the work area, a violation of Rule

326 IAC 14-10-4(11)(B). The inspector noted fifteen (15) sealed waste bags inside the partial containment and two (2) sealed waste bags in the waste trailer in which the RACM was determined to be inadequately wet, a violation of Rule 326 IAC 14-10-4(6)(A).

    8.        On December 13, 1995, an inspector representing OAM, IDEM conducted a routine inspection at Colgate-Palmolive, South Clark St., Jeffersonville, IN. The inspector observed an asbestos abatement project being implemented by employees of Centin Corp. Upon entering containment, the inspector noted approximately sixty (60) linear feet of RACM on the containment floor. In addition, the inspector noted forty (40) filled waste bags. Twenty five (25) of the forty (40) waste bags were open, the remaining fifteen were sealed. The inspector determined that the RACM on the containment floor and in fifteen (15) of the twenty five (25) open waste bags was inadequately wet, a violation of Rule 326 IAC 14-10-4(3). The inspector determined that the material in ten (10) of the fifteen (15) sealed waste bags in containment and in ten (10) sealed waste bags in the waste trailer was inadequately wet, a violation of Rule 326 IAC 14-10- 4(6)(A).

    9.    The project supervisor for the asbestos removal project involved in the violations is James Wall, Indiana accreditation number 191210065.

    10.    The Respondent has submitted a written explanation of the steps they will take         to ensure compliance with all provisions of the Indiana Code (IC) and the Indiana Administrative Code (IAC).

    11.    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 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:

        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 Twenty One Thousand Dollars ($21,000.00). 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 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 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        Centin Corporation

By: _________________________            By: _________________________
Patrick Carroll
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 March 18, 1997
                            Patrick Carroll
                            Director
                            Office of Enforcement

Converted by Andrew Scriven