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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. GREAT BARRIER INSULATION
COMPANY, Respondent. |
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NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
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Via
Certified Mail #: |
Via
Certified Mail #: |
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To: |
R.
E. Strickland, President |
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CT
Corporation System, Registered Agent |
This Notice and Order of
the Commissioner of the Department of Environmental Management
("Order") is issued against the Respondent for violation of the
Indiana Environmental Management Act.
This Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10, and
IC 13-30-3-11, and is based on a violation found during an investigation
conducted by Office of Air Quality (OAQ) on October 3, 2003. During that investigation it was determined
that the Respondent was in violation of 326 IAC 14-10-4(6)(A), as specified
below:
FINDING OF VIOLATION
1.
Respondent is Great Barrier Insulation Company
(“Respondent”) which is an
2.
Pursuant to 326 IAC 14-10-4(6)(A), each owner or operator of
a demolition or renovation activity must adequately wet all removed or stripped
asbestos and ensure that it remains wet until collected and contained or
treated for disposal and is disposed of in accordance with 40 CFR 60.150.
3.
The Respondent failed to ensure asbestos material at the
Site was adequately wet until collected and contained and disposed of in
accordance with 40 CFR 60.150, a violation of 326 IAC 14-10-4(6)(A).
4.
On February 2, 2004, a Notice of Violation was issued,
pursuant to IC 13-30-3-3 to the Respondent for violation of 326 IAC
14-10-4(6)(A). Respondent received this
Notice of Violation on February 9, 2004.
5.
The Notice of Violation contained an offer to enter into an
Agreed Order containing actions required to correct the violation.
6.
More than sixty (60) days have elapsed since Respondent was
offered the opportunity to enter into an Agreed Order. Complainant and Respondent conducted a
settlement conference on March 2, 2004, and, in addition, have communicated
with each other in an effort to settle this matter.
7.
The Respondent has not entered into an Agreed Order resolving
this violation.
ORDER
1.
The Respondent shall comply with 326 IAC 14-10.
2.
The Respondent shall pay a civil penalty of Six Thousand Two
Hundred and Fifty Dollars ($6,250) for violation of 326 IAC 14-10-4(6)(A). This penalty shall be remitted to the
Department of Environmental Management within thirty (30) days of the Effective
Date of this Order. Checks shall be made
payable to the Asbestos Trust Fund, with the Case Number indicated on the
checks and mailed to:
Indiana Department of
Environmental Management
Cashier’s Office Mail Code: 50-10C
3.
This Order shall apply to and be binding upon the
Respondent, its successors and assigns. No change in ownership, corporate, or
partnership status of the Respondent shall in any way alter its status or
responsibilities under this Order.
EFFECTIVE DATE OF ORDER
Pursuant to IC 13-30-3-5,
this Order takes effect twenty (20) days following receipt unless you request
review of this Order, before the twentieth day after receipt, by filing a
written request for review with the Office of Environmental Adjudication, and
serving a copy of the request for review upon the Commissioner of the Indiana
Department of Environmental Management.
You may request that the Office of Environmental Adjudication conduct a
hearing to review this Order, under IC 4-21.5, in its entirety, or you may
limit your request for review to specific findings of fact and/or orders
contained in this Order. Requests for
review must be submitted to the Office of Environmental Adjudication and the
Commissioner of the Indiana Department of Environmental Management at the
following addresses:
Director Commissioner
Office of Environmental
Adjudication IDEM
Failure to properly submit
a request for review, before the twentieth day following receipt of this Order
of the Commissioner, waives your right to administrative review of this Order
and your right to judicial review of the Order.
The petition for administrative review must contain the following
information:
a.
Name, address, and telephone number of each person filing
the petition.
b.
Identification of the interest of each petitioner in the
subject of the petition.
c.
Statement of facts demonstrating that the petitioner is:
(A)
a person to whom the order is directed;
(B)
aggrieved or adversely affected by the order; or
(C)
entitled to review under any law.
d. Statement with particularity the legal issues proposed for
consideration in the proceedings.
The petition for
administrative review should also contain the following information:
a.
Identification of any persons represented by the person
making the request.
b.
Statement identifying the person against whom administrative
review is sought.
c.
A copy of the notice of the commissioner’s action issued by
the department of environmental management which is the basis of the petition
for administrative review.
d.
Statement indicating the identification of petitioner’s
attorney or other representative.
If you have procedural or
scheduling questions regarding your request for review you may contact the
Office of Environmental Adjudication at (317) 232-8591.
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Dated at |
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day of |
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, 200 |
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Signed on June 1, 2005 |
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Thomas W. Easterly |
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Commissioner |
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cc: Mark Shere, Esquire
Warrick County Health Department
Matthew Klein, Assistant Commissioner for Compliance & Enforcement
Jay Rodia, Office of Legal Counsel
Lynne Sullivan, Office of Enforcement
David Zendell, Office of Air Quality
Public File – 10th floor
Enforcement File
http://www.IN.gov/idem