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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-4205(a)
                            )    CAUSE NO. A-4205(b)
JOHNS MANVILLE INTERNATIONAL , INC.    )
and OBERLE AND ASSOCIATES, INC.        )
                            )
        Respondents.                )

AGREED ORDER

    The Complainant and the Respondents 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.    Respondents are Johns Manville International, Inc. ("Manville"), which owns and operates the fiberglass manufacturing facility located at 814 Richmond Avenue in Richmond, Indiana, and Oberle and Associates, Inc. ("Oberle").

    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:

        Prentice Hall Corporation Systems        Ronald L. Oberle
        Registered Agent for                 President and Registered Agent
        Johns Manville International, Inc.        Oberle & Associates, Inc.
        251 East Ohio Street, Suite 500        3201 Northwest B Street
        Indianapolis, IN 46204            Richmond, IN 47374

        C. L. Henry, President            
        Johns Manville International, Inc.        
        P. O. Box 17086                
        Denver, CO 80217

    5.    326 IAC 14-10-1(a) provides, in relevant part, that an owner or operator of a demolition or renovation shall use an Indiana accredited asbestos inspector to inspect thoroughly the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos.

    6.    On February 5, 1998, a representative of IDEM conducted an inspection at the Manville plant in Richmond. At the time of this inspection, the inspector determined that Oberle had been hired by Manville to demolish an oven inside this plant. The inspector also determined that neither Manville nor Oberle had the oven inspected by an Indiana accredited inspector prior to demolition of this oven, a violation of 326 IAC 14-10-1(a).

    7.    Immediately upon discovering that there was asbestos present under this oven, Manville and Oberle ceased demolition activities and contacted an asbestos abatement contractor to abate the asbestos material from this oven and the surrounding area.

    8.     Pursuant to IC 13-30-3-3, entry into this Agreed Order does not constitute an admission that the violations occurred. Respondent enters into this Agreed Order to avoid the cost of litigating this matter.

    9.    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 Respondents. This Agreed Order shall have no force or effect until the Effective Date.

    2.    Respondents are assessed a civil penalty of Five Thousand Dollars ($5000). 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.    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

    4.    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, Respondents 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.

    5.    This Agreed Order shall apply to and be binding upon the Respondents, their officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondents' 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.

    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 Respondents 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 Respondents have complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        COUNSEL FOR COMPLAINANT:     Department of Environmental Management        Department of Environmental Management

By:     ________________________        By: _________________________         David P. McIver                 Office of Legal Counsel             Chief, Air Section                 Department of Environmental          Office of Enforcement             Management

Date: _________________________        Date: ________________________
        

RESPONDENT:                    RESPONDENT:            
Johns Manville International, Inc.            Oberle & Associates, Inc.

By: _________________________            By: _________________________

Printed: ______________________            Printed: ______________________

Title: ________________________            Title: ________________________    

Date: ________________________            Date: ________________________

COUNSEL FOR RESPONDENT:            COUNSEL FOR RESPONDENT:

By: _________________________            By: __________________________

Date: ________________________            Date: _________________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 199___.

                            For the Commissioner:

                            _Signed on May 7, 1999____
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

Converted by Andrew Scriven