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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-3748 (a) & (b)
                            )
INDIANA STATE UNIVERSITY and        )
WILLIAMS PLUMBING & HEATING, 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 "A" is Indiana State University (hereinafter referred to as Respondent "A"), who owns Jones Hall located at 5th Street in Terre Haute, Indiana.

    3.    Respondent "B" is Williams Plumbing & Heating, Inc. (hereinafter referred to as         Respondent "B"), a plumbing and heating contractor located at 1354 Poplar in         Terre Haute, Indiana.

    4.    The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.

    5.    Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

        Robert Murray        Benjamin G. Cox, Jr.        Jeff Athey
        Indiana State University    Registered Agent for:        Williams Plumbing &
        210 N. 7th St.            Williams Plumbing &        Heating, Inc.
        Terre Haute, IN 47809    Heating, Inc.            1354 Poplar St.
                        701 Merchants National    Terre Haute, IN                         Bank Building                47807
                        Terre Haute, IN 47807                     
    6.    The Respondents implemented a renovation project at Indiana State University, Jones Hall, 5th Street in Terre Haute, Indiana on or about October 11, 1996, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10- 1(c).

    7.     Rule 326 IAC 14-10-4(1) requires that each owner or operator of a demolition or renovation activity to whom this section applies shall comply with the following emission control procedure:
        (1) Remove all Regulated Asbestos Containing Material (RACM) from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal.

    8.    On October 11, 1996, an inspector representing the Office of Air Management, IDEM conducted an inspection at Indiana State University, Jones Hall, 5th Street, Terre Haute, IN. During the inspection, the inspector observed employees of Williams Plumbing & Heating, Inc. (WPH) installing floor drains. In the basement, the inspector noted that the horizontal surface that was being drilled for the drains had been coated with spray-on RACM insulation. The drilling had disturbed the insulation on the basement ceiling, a violation of Rule 326 IAC 14-10-4(1).
    
    9.    In recognition of the settlement reached, the Respondents waive 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 Respondents. This Agreed Order shall have no force or effect until the Effective Date.

    2.    The following representatives of Respondent "A" shall attend asbestos awareness training: Kevin Runion, John Haley, Bryan Duncan, Jim Elslager, Pat Teeters, Bill Osborne, Scott Tillman. Respondent "A" shall supply copies of certificates of completion to IDEM as verification of course attendance.

    3.    The following representatives of Respondent "B" shall attend asbestos awareness training: Jeff Athey, Greg Athey, John Sanquenetti. Respondent "B" shall supply copies of certificates of completion to IDEM as verification of course attendance.

    4.    Respondent "A" shall:
            A. Continue work on the asbestos inspection and survey program for all              buildings on the Indiana State University campus. Any suspect          material not positively identified as non asbestos containing                   material by January 31, 1997, shall be presumed to be RACM          and treated accordingly.
            B. Post the location of asbestos in each building in the mechanical room              of that building.
            C. Have all renovation and demolition plans reviewed by an Indiana              Accredited Asbestos Inspector.
            D. Institute a hazard communication program for all contractors                    performing work on the ISU campus. ISU will give written notification              to contractors regarding the location of RACM and other hazardous substances.

    5.    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

    6.    This Agreed Order shall apply to and be binding upon the Respondents, their 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 Respondents 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 Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondents 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 Respondents have complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        RESPONDENT "A":
Department of Environmental Management        Indiana State University

By:     _________________________        By: _________________________
    David Hensel
    Office of Enforcement
                            Printed: ______________________

                            Title: ________________________

Date: ________________________            Date: ________________________

                            RESPONDENT "B":
                            Williams Plumbing & Heating, Inc.

                            By:

                            Printed:

                            Title:

                            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 27, 1997
                            David J. Hensel
                            Director
                            Office of Enforcement

Converted by Andrew Scriven