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-4012(c)
)
)
ROBERT DEVAULT, d/b/a )
ENVIRONMENTAL TECHNOLOGY GROUP, )
)
Respondent. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondent is Robert DeVault, d/b/a Environmental Technology Group,
(hereinafter referred to as Respondent), a contractor located at 20903 West 12th
Road, in Plymouth, 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 on April 3, 1998,
via Certified Mail to:
Robert DeVault, President
Environmental Technology Group, Inc.
20903 West 12th Road
Plymouth, IN 46563
5. The Respondent was contracted and paid to implement an asbestos removal
project at the Blocksom and Company complex located at Fifth and Canal Streets,
Michigan City, Indiana ("the Site") on or about April 9, 1997, to which the
requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(a).
6. On April 9, 1997, a representative of IDEM conducted an inspection at the Site.
During the inspection of the Site, it was observed that seventeen different
buildings had recently been demolished.
7. Rule 326 IAC 18-1-3(a)(5) requires that no person shall supervise the
implementation of an asbestos project at a facility without current licensing by
IDEM.
8. During a records review performed in conjunction with the inspection, the
inspector learned that the Respondent did not hold an Indiana asbestos contractor
license at the time of the abatement project, a violation of Rule 326 IAC 18-1-
3(a)(5).
Rule 326 IAC 14-10-3(1) requires each owner or operator of a demolition or
renovation activity to provide IDEM with written notice of the intention to
demolish or renovate and update the notice as necessary.
The Respondent did not submit a Notification of Demolition or Renovation to
IDEM prior to implementation of the project, a violation of Rule 326 IAC 14-10-
3(1).
11. Rule 326 IAC 14-10-4(6) requires that asbestos be adequately wet, properly
handled and disposed of to ensure asbestos fibers will not be released during or
after removal.
The inspector observed 25 drums, which were not leak-tight, filled with dry,
regulated asbestos containing material (RACM) that had been removed from
buildings on the site, a violation of Rule 326 IAC 14-10-4(6).
13. Rule 326 IAC 14-10-4(10) requires that upon completion of the cleanup
requirements, an Indiana licensed supervisor shall perform a final visual
inspection of the work area for visible suspect asbestos debris. If visible suspect
asbestos debris is discovered, the requirements of subdivision (9) shall be repeated
until all visible asbestos debris has been removed. The supervisor must then
certify in writing that the final visual inspection was conducted and the work area
is free of all visible asbestos debris.
The inspector learned that an Indiana licensed supervisor did not perform a final
visual inspection of the work area following completion of the project, a violation
of Rule 326 IAC 14-10-4(10).
Rule 326 IAC 14-10-4(11) requires that any stripped, disturbed, or removed
friable asbestos materials must be stored securely to prevent access to the material
by unauthorized persons.
16. The inspector observed a large, open-top dumpster of bagged, asbestos-containing
pipe insulation that, while adequately wet, was also not being stored securely, a
violation of Rule 326 IAC 14-10-4(11).
17. The Site was cleaned in accordance with 326 IAC 14-10 and RACM was disposed
of in accordance with 329 IAC 10-8 by an Indiana licensed asbestos contractor by
May 16, 1997.
18. In recognition of the settlement reached, 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 Respondent. This
Agreed Order shall have no force or effect until the Effective Date.
2. The Respondent shall not implement an asbestos removal project at a facility
subject to 326 IAC 14-10 without first properly obtaining an Indiana asbestos
contractor license from IDEM.
3. The Respondent shall properly notify IDEM of any demolition operation at a
facility subject to 326 IAC 14-10, in accordance with 326 IAC 14-10-3, for which
Respondent is the owner or operator, as defined in 326 IAC 14-10-2(33).
4. The civil penalty for these violations has been waived by IDEM based upon
evidence submitted by the Respondent which adequately demonstrated an
inability to pay a civil penalty.
5. 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.
6. 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.
7. 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.
8. 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 Robert DeVault, d/b/a Environmental
Technology Group
By: _________________________ By: _________________________
David P. McIver, Air Section Chief
Office of Enforcement Printed: ______________________
Date: ________________________ Title: ________________________
Date: ________________________
COUNSEL FOR COMPLAINANT:
Department of Environmental Management COUNSEL FOR Robert DeVault, d/b/a
Environmental Technology Group
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:
Adopted June 7, 1999
Felicia Robinson George
Assistant Commissioner of Enforcement
Converted by Andrew Scriven