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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-3632
                            )
EVANSVILLE-VANDERBURGH COUNTY    )    
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(IC 13-7-2-11 prior to July 1, 1996).

    2.    Respondent is the Evansville-Vanderburgh County School Corporation (E-VSC) (hereinafter referred to as "Respondent"), which owns Perry Heights Middle School located at 5800 Hogue 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 November 6, 1996 via Certified Mail to:

            Dr. Phillip Schoffstall,        Brad Luttrull,
            Superintendent            Supervisor
            Evansville-Vanderburgh        Evansville-Vanderburgh
            County School Corporation        County School Corporation
            One South East Ninth Street        951 Walnut St.
            Evansville, IN 47707            Evansville, IN 47713

    5.    Respondent implemented an asbestos removal project at Perry Heights Middle School in Evansville, Indiana on or about June 24, 1996, 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(11)(B) which requires: For any RACM or suspect RACM, 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 326 IAC 14-10- 4(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 June 24, 1996, a representative of the Office of Air Management, IDEM conducted an inspection at Perry Heights Middle School, 5800 Hogue Road, Evansville, Indiana. The inspector inspected an asbestos abatement project that was being implemented in the building's boiler room by employees of
        E-VSC. The inspector found the boiler room door open and no barricade tape in place to restrict access to the boiler room. The inspector did not observe any workers in the area. The inspector entered the containment and observed asbestos debris on the floor of the containment, a violation of Rule 326 IAC 14- 10-4(11)(B).

    8.    The project supervisor for the asbestos removal project involved in the violations is Richard W. Brown, Indiana accreditation number 194805024.

    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 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 Two Thousand Five Hundred Dollars ($2,500.00). Within thirty (30) days of the effective date of the Agreed Order, the Respondent shall pay a cash penalty of Five Hundred Dollars ($500.00). 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 Six Thousand Dollars ($6,000.00). 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 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 Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management        Evansville-Vanderburgh County School                             Corporation

By: _________________________            By: _________________________
David P. McIver, Acting Air Section Chief
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 April 11, 1997
                            Patrick Carroll
                            Director
                            Office of Enforcement


                         EXHIBIT A

            Evansville-Vanderburgh County School County Corporation
                Supplemental Environmental Project

    Perry Heights Middle School, 5800 Hogue Road, Evansville, Indiana has a combination asbestos/non-asbestos ceiling tile in the nine basement classrooms. The potential for damage to the ceiling tile exists as long as the material remains in the building. Evansville-Vanderburgh County School County Corporation proposes to abate approximately 2500 square feet of ceiling tile in the three classrooms in the south wing of the lower level. The cost of the abatement, disposal, air monitoring and sample analysis is estimated to be $6,000.00. The work shall be completed by August 31, 1997. Advantages to this option include removal of asbestos from student occupied space and the reduction of the total asbestos in this facility.

    The Evansville-Vanderburgh County School County Corporation shall present documentation of completion of the Supplemental Environmental Project to IDEM. The documentation must be delivered to IDEM no later than September 30, 1997. The documentation shall include work records, disposal records and the total project cost. Following submission of the documentation, a representative of the Office of Air Management, IDEM will conduct an inspection at Perry Heights Middle School to verify completion of the project.

Converted by Andrew Scriven