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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-4491
                            )
STAR ENVIRONMENTAL, INC.,            )
                            )
        Respondent.                )            

AGREED ORDER

    The Complainant and the Respondent 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.    Respondent is Star Environmental, Inc. (hereinafter referred to as "Respondent"), which is an asbestos abatement company located at 2351 Kentucky Avenue 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:
            Mr. Todd Strader, President and Resident Agent
            Star Environmental, Inc.
            2351 Kentucky Avenue
            Indianapolis, Indiana 46221


    5.     Rule 326 IAC 14-10-4(6) requires that asbestos be adequately wetted, properly handled and disposed of to ensure asbestos fibers will not be released during or after removal.

    6.    The City of Indianapolis Environmental Management Resources Division (ERMD) conducted inspections on June 23, 1998 and June 24, 1998. The inspector observed that twenty (20) asbestos waste bags located on the tenth floor contained dry, friable asbestos containing material, a violation of 326 IAC 14-10- 4(6). One (1) of the bags was torn and asbestos material was observed escaping from the bag. Additionally, an employee of the Respondent stated that no running water was available on the tenth floor or the penthouse and the only water used during asbestos removal was from two five-gallon buckets. The ERMD inspector verified the lack of running water on the tenth floor.

    7.     Rule 326 IAC 14-10-4(11) requires that any stripped, disturbed, or removed friable asbestos materials must be stored securely and demarcated with asbestos warning signs to prevent access to the material by unauthorized persons.

    8.    On June 23, 1998 and June 24, 1998, the inspector also noted that the area was not demarcated with asbestos warning signs, a violation of 326 IAC 14-10-4(11).

    9.    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.    Respondent is assessed a civil penalty of Ten Thousand Dollars ($10,000). 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, 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.

    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 Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        STAR ENVIRONMENTAL, INC.:
Department of Environmental Management

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 6/7/99
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement
                            

Converted by Andrew Scriven