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-4032
                            )
SOUTHWEST PARKE SCHOOL CORP.,        )
                            )
        Respondent.                )

    2.    Respondent is Southwest Parke School Corporation (hereinafter referred to as "Respondent"), which operates the Rosedale Elementary School on East Central Street, located in Rosedale, 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:
            William Schad, Superintendent
            Southwest Parke School Corporation
            RR 1, Box 71B
            Montezuma, IN 47862

    5.    Rule 326 IAC 14-10-3 requires that each owner or operator of a demolition or renovation activity to whom this section applies shall provide the Commissioner with written notice of intention to demolish or renovate on a form to be provided by the Commissioner and update such notice as necessary.

    6.    Rule 326 IAC 14-10-4 requires that each owner or operator of a demolition or renovation activity to whom this section applies shall comply with the following procedures to prevent emissions of particulate asbestos material:

            (3) Adequately wet friable asbestos-containing materials when they are being stripped from facility components before the members are removed from the facility.

            (5)(A) For all friable asbestos materials that have been removed or stripped: Adequately wet the materials to ensure that they remain wet until they are collected for disposal in accordance with 40 CFR 61.152 and 329 IAC 2-21 (currently 329 IAC 10-8.1).

            (8) Upon completion of stripping and removal operations, collect visible contamination of asbestos.

    7.    326 IAC 18-1-3(a) requires that no person shall implement an asbestos removal project at a school building without accreditation by the Commissioner.

    8.    On August 4, 1997, IDEM conducted an inspection of the Site. Based upon its inspection, IDEM contends as follows:

        During the investigation, the IDEM inspector learned that during or around the month of June 1992, asbestos-containing soffit and facia on the exterior of the school building had been removed by school personnel not accredited for asbestos work, a violation of 326 IAC 18-1-3(a). The material was not wetted during or after the removal, violations of 326 IAC 14-10-4(3) and (5)(a), and was not disposed of in accordance with 329 IAC 2-21 (currently 329 IAC 10-8.1). In addition, a Notice of Intent to Demolish or Renovate was not submitted to IDEM regarding the project, a violation of 326 IAC 14-10-3. Also during the August 4, 1997 inspection, asbestos-containing material was observed remaining under the new soffit that had been installed, a violation of 326 IAC 14-10-4(8).

    9.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
                

    2.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

        Lynne Donahue, Enforcement Case Manager
        Office of Enforcement
        Indiana Department of Environmental Management
        100 N. Senate Avenue
        P. O. Box 6015
        Indianapolis, IN 46206-6015

    3.    The Respondent is hereby assessed a Civil Penalty of Thirteen Thousand Five Hundred Dollars ($13,500). Within thirty (30) days of the effective date of the Agreed Order, the Respondent shall pay a cash penalty of Three Thousand Forty- Five Dollars ($3,045). The payment shall be submitted to the Asbestos Trust Fund, as directed by paragraph 5. In lieu of payment of the remaining Civil Penalty, the Respondent shall perform and complete the Supplemental Environmental Projects ("SEPs"), 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 SEPs shall be a minimum of Twenty Six Thousand Four Hundred Sixty Dollars ($26,460). If the SEPs are not completed in accordance with this agreement and within the specified time periods, 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.    Respondent shall submit documentation to IDEM within thirty (30) days of the completion of each milestone date identified in each SEP. Additional documentation and verification shall be submitted to IDEM within thirty (30) days of the completion of each SEP. Such documentation shall demonstrate actions taken by Respondent to satisfy the projects as approved by IDEM.

    5.    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

    6.    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.

    7.    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.

    8.    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.

    9.    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.

    10.    This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.