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-3930(b)
)
ENVIRONMENTAL )
ASSURANCE CO., INC. )
)
Respondent. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondent is Environmental Assurance Co., Inc. (hereinafter referred to as
"Respondent"), an Indiana licensed asbestos abatement contractor located at 2701
Fortune Circle E. Dr., Suite H in Indianapolis, 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:
Jeff A. Hart
Registered Agent for:
Environmental Assurance Co., Inc.
2701 Fortune Circle E. Dr.
Suite H
Indianapolis, IN 46241
5. Respondent implemented an asbestos removal project at the Indiana Department
of Corrections, Chicago and Hitchcock Avenues in Michigan City, Indiana on or
about February 17, 1997, 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(9) requires that upon completion of stripping and removal
operations for demolition and renovation projects, the owner or operator shall
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 HEPA
filter and remove all standing water.
(B) Wet wipe or wet mop all surfaces in the work area and remove all standing
water.
7. On February 17, 1997, a representative of the Office of Air Management, IDEM
conducted an inspection of the asbestos abatement project implemented by
representatives of Environmental Assurance Co., Inc. at the Indiana Department
of Corrections-Michigan City. The inspector noted Regulated Asbestos
Containing Material (RACM) on the floor of the laundry room beneath pipe that
had previously been abated, a violation of Rule 326 IAC 14-10-4(9).
Rule 326 IAC 14-10-4(10) requires that 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. 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.
During the February 17, 1997 inspection, the inspector determined that the
Indiana Accredited Asbestos Supervisor for the abatement project failed to
conduct a thorough inspection, a violation of Rule 326 IAC 14-10-4(10).
10. The project supervisor for the asbestos removal project involved in the violations
is Bruce Miller, Indiana accreditation number 191806055.
11. In recognition of the settlement reached, Respondent waives any right to
administrative and judicial review of this Agreed Order.
12. 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 Five Thousand Dollars ($5,000.00).
The Respondent shall pay the civil penalty in twelve (12) consecutive monthly
installments. The Respondent shall make eleven (11) installments of four
hundred dollars ($400.00) each and a final installment of six hundred dollars
($600.00).
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 46207-7060
5. In the event that the first installment of the civil penalty required by paragraph 3 is
not paid within thirty (30) days of the Effective Date of this Agreed Order or any
subsequent a payment is not paid in thirty (30) day intervals, the 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 the Agreed Order.
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 August 20, 1998
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven