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-4490
)
DAVE MOORE, d/b/a D.H.A., )
)
Respondent. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondent is Dave Moore, d/b/a D.H.A., (hereinafter referred to as
"Respondent"), an asbestos abatement contractor licensed in the State of Indiana
located at 825 South Gardner Street in Scottsburg, 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:
Dave Moore, d/b/a
D.H.A.
P.O. Box 270
Lexington, IN 47138
Respondent implemented an asbestos removal project at the Indiana Army
Ammunition plant, 11452 St. Road 62, Charlestown, Indiana on or about
December 2, 1998, to which the requirements of 326 IAC 14-10 applied,
pursuant to 326 IAC 14-10-1(a).
6. 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.
7. On December 2, 1998, a designated representative of the IDEM conducted an
inspection of the asbestos abatement project implemented by Dave Moore, d/b/a
D.H.A. at the Indiana Army Ammunition plant in Charlestown, IN. The inspector
observed an unlocked waste dumpster containing regulated asbestos containing
material (RACM) waste outside building 703, a violation of Rule 326 IAC 14-10-
4(11). The dumpster was outside the secured area of the plant and near the
parking lots for the main administration building. The inspector determined that
no one representing Dave Moore, d/b/a D.H.A. was on site at the time of the
inspection.
8. 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. 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 Seven Hundred Dollars ($700.00). 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.
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 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.
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 this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Dave Moore, d/b/a D.H.A.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
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 27, 1999
Felicia Robinson George
Assistant Commissioner of Enforcement
Converted by Andrew Scriven