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STATE OF |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. LVI
ENVIRONMENTAL SERVICES, INC., Respondent. |
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NOTICE AND
ORDER OF THE
COMMISSIONER
OF THE
DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
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Via Certified Mail #: |
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Via Certified Mail #: |
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To: |
Mr.
Dave Fracassi, President LVI
Environmental Services, Inc. |
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Prentice
Hall, Registered Agent |
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This
Notice and Order of the Commissioner of the Indiana Department of Environmental
Management (“Order”) is issued against LVI Environmental Services, Inc. (“Respondent”)
pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC 13-30-3-11, and is based
on violations of environmental rules found during an investigation conducted by
the Indiana Department of Environmental Management (“IDEM”) on October 15,
2004. During that investigation it was
determined that the Respondent was in violation of 326 IAC 14-10-4(1), 326 IAC
14-10-4(9), 326 IAC 14-10-4(6)(A) and 326 IAC 14-10-4(10) as specified below:
FINDINGS OF
VIOLATION
1.
The Complainant is the Commissioner (“Complainant”) of IDEM,
a department of the State of
2.
Respondent owns and operates the asbestos removal company
which implemented an asbestos abatement project located at
3.
IDEM has jurisdiction over the parties and subject matter of
this action.
4.
Pursuant to 326 IAC 14-10-4(1), each owner or operator of a
demolition or renovation activity is required to remove all regulated asbestos
containing materials from a facility being demolished or renovated before any
activity begins that could disturb the material.
The Respondent failed to remove asbestos containing material in the facility
before demolition or renovation activity began, a violation of 326 IAC
14-10-4(1).
5.
Pursuant to 326 IAC 14-10-4(9), visible contamination of
asbestos shall be collected upon the completion of removal operations.
The Respondent failed to collect visible contamination of asbestos after the
asbestos project was completed, a violation of 326 IAC 14-10-4(9).
6.
Pursuant to 326 IAC 14-10-4(6)(A), asbestos shall be
adequately wetted, properly handled and disposed of to ensure asbestos fibers
will not be released during or after removal.
The Respondent failed to adequately wet or properly handle asbestos material
during or after removal, a violation of 326 IAC 14-10-4(6).
7.
Pursuant to 326 IAC 14-10-4(10), upon completion of the
cleanup requirements, an
The Respondent failed to perform a final visual inspection of the work area to
ensure the work area is free of all visible asbestos debris, a violation of 326
IAC 14-10-4(10).
8.
On March 22, 2006, a Notice of Violation was issued,
pursuant to IC 13-30-3-3, to the Respondent for the violations cited
above. Respondent received this Notice
of Violation on March 27, 2006.
9.
The Notice of Violation contained an offer to enter into an
Agreed Order in accordance with IC 13-30-3-3.
IDEM subsequently provided a proposed Agreed Order to the Respondent.
10.
More than sixty (60) days have elapsed since Respondent was
offered the opportunity to enter into an Agreed Order.
11.
The Respondent has not entered into an Agreed Order
resolving this violation cited above.
ORDER
1.
The Respondent shall immediately comply with 326 IAC
14-10-4(1), 326 IAC 14-10-4(9), 326 IAC 14-10-4(6)(A) and 326 IAC 14-10-4(10).
2.
The Respondent shall pay a civil penalty of Seven Thousand
Eight Hundred Twelve Dollars and Fifty Cents ($7,812.50) for the violation cited
above. 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:
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Indiana Department of Environmental
Management |
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Cashier’s Office - Mail Code 50-10C |
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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 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:
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Director |
IDEM |
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Office of Environmental Adjudication |
Commissioner’s Office – Mail Code
50-01 |
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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 of 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.
Dated at
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Date: |
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Signed August 30, 2006 |
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Thomas W. Easterly |
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cc: Allen County
Health Department
Matthew Klein,
Assistant Commissioner
Julie Alexander, Office of Legal
Counsel
Lynne Sullivan, Office of Enforcement
John Clevenger, Office of Air Quality
OAQ Public File – 10th Flr.
Enforcement File
http://www.IN.gov/idem