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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-3929
                            )
RADCO ASBESTOS SPECIALIST, 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.     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.

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 RADCO Asbestos Specialists, Inc., (hereinafter referred to as "Respondent"), an asbestos abatement contractor licensed in the State of Indiana located at 354 Bashford Road in Louisville, Kentucky.

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

    4.    Respondent implemented an asbestos removal project at the Huntingburg Municipal Electric Utility at 508 North Van Buren in Huntingburg, Indiana, (the Site) on or after January 28, 1997, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).

    5.    Rule 326 IAC 326 IAC 14-10-4(9) requires, "upon completion of stripping and removal operations..., collect visible contamination of asbestos by employing one (1) or both of the following cleaning procedures: (A) Vacuum all surfaces in the work area using a vacuum equipped with a HEPA filter and remove all standing water; (B) Wet wipe or wet mop all surfaces in the work area and remove all standing water."

    6.    Rule 326 IAC 14-10-4(10) requires, "upon completion of the cleanup requirements identified in subdivision (9), an Indiana accredited supervisor, prior to the removal of the warning signs or other demarcation of the work area, shall perform a final visual inspection of the work area for visible suspect RACM debris. If visible suspect RACM debris is discovered, then the requirements of subdivision (9) shall be repeated until all visible suspect RACM debris has been removed," and, "upon completion of the above, the accredited supervisor shall certify in writing that the final visual inspection was completed and the work area is free of all visible suspect asbestos debris. This certification shall also include the date of the final visual inspection, the location of the asbestos removal project and the accredited supervisor's signature. The certification shall be retained by the contractor for a period of at least three (3) years from the date of the final visual inspection and must be made available upon request from IDEM. A copy of the certification shall also be sent to the building owner."

    7.    On February 10, 1997, IDEM mailed to Respondent, via certified mail, a request for the Final Visual Inspection Certification for the abatement project completed on February 4, 1997, to be submitted to IDEM within ten (10) working days of receipt of the request. Respondent failed to submit the Final Visual Inspection Certification within the ten (10) days, a violation of 326 IAC 14-10-4(10). Respondent supplied a copy of the Final Visual Inspection Certification at a settlement conference on August 12, 1998.

    8.    On February 11, 1997, a representative of IDEM observed that the warning signs and demarcation of the work area had been removed, but visible asbestos- containing debris remained in several locations throughout the Site, a violation of 326 IAC 14-10-4(9).

    9.    On February 14 and 17, 1997, Respondent returned to the Site and re-cleaned the work area. On February 18, 1997, Respondent completed a written Final Visual Inspection Certification.

    10.    Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation on November 3, 1997, via Certified Mail to:

            Daniel Radcliff, Vice President            
            Radco Asbestos Specialists, Inc.

            1940 Old Shepherdsville Road
            Louisville, KY 40218                    

    11.    The project supervisor for the asbestos removal project involved in the violations is Cecil Ornduff, Indiana accreditation number 192007046.        

    12.    Pursuant to IC 13-30-3-4, IDEM mailed a Notice and Order of the Commissioner on June 29, 1998, via certified mail to:

         Daniel Radcliff, Vice President        Fred Radcliff, President
        RADCO Asbestos Specialists, Inc.        RADCO Asbestos Specialists, Inc.
        P.O. Box 32125                P.O. Box 32125
        Louisville, KY 40232-2125            Louisville, KY 40232-2125

    13.    On July 15, 1998, IDEM received Respondent's request for review of the Commissioner's Order.

    14.    On August 12, 1998, representatives of IDEM and Respondent met to discuss resolution of this matter.

    15.    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.    Respondent is assessed a civil penalty of One Thousand Eight Hundred Dollars ($1,800). 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.

    3.    Respondent shall withdraw its petition for review in Case No. 98-A-E-2066 within ten (10) 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 (A-3929) 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 2 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 Respondent has complied with all the terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        RESPONDENT:
Department of Environmental Management         RADCO Asbestos Specialists, Inc.

By:     _________________________        By: _________________________
    David P. McIver
    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 1/4/99                                             Felicia Robinson George
                            Assistant Commissioner of Enforcement

Converted by Andrew Scriven