STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE )
DEPARTMENT OF ENVIRONMENTAL )
MANAGEMENT, )
)
Complainant, )
)
vs. ) Cause Nos. A-4157 and A-4182
)
Tower Senior Apartments, LLP, )
Schnippel Construction, Inc., )
Tim Treon d/b/a Dirt Brothers Demolition )
)
Respondents. )
VIA CERTIFIED MAIL No. VIA CERTIFIED MAIL No.
To: Mr. John Dougherty Mr. Tom Schnippel
Tower Senior Apartments, LLP Schnippel Construction, Inc.
604 E. Rich Street 302 N. Main Street
Columbus, Ohio 43215 Botkin, Ohio 45306
VIA CERTIFIED MAIL No.
Mr. Tim Treon
Dirt Brothers Demolition
9679 Kelch Road
Versailles, Ohio 45380
Following is the Notice and Order of the Commissioner of the Department of Environmental Management issued against Respondents for violations of the Indiana Environmental Management Act. This Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10 and 11 and IC 4-21.5-3-6 and is based on violations found during investigations conducted by the Office of Air Management and its delegate, the Anderson Office of Air Management. During those investigations it was determined that Respondents were in violation of state asbestos requirements 326 IAC 14-10 and 326 IAC 18-3, as specified below:
1. The structure located at 110 West 11th Street, also known as 1103 Jackson Street in Anderson, Indiana (the "facility") is a facility as defined at 326 IAC 14-10-2 (16).
2. Tower Senior Apartments, LLP owns the facility and thus qualifies as an owner of a renovation or demolition activity pursuant to 326 IAC 14-10-2(33).
3. Schnippel Construction, Inc. supervised the facility and renovation and demolition activities at the facility, and thus is an operator pursuant to 326 IAC 14-10-2(33).
4. Tim Treon d/b/a Dirt Brothers Demolition operated renovation and demolition activities at the facility, and thus is an operator pursuant to 326 IAC 14-10-2(33).
5. The Indiana Secretary of State administratively dissolved Schnippel Construction, Inc. on June 30, 1997.
I. SCHNIPPEL CONSTRUCTION, INC. AND TOWER SENIOR APARTMENTS, LLP
6. Rule 326 IAC 14-10-1 states that to determine which requirements of this section and sections 3 through 4 of this rule apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, the owner or operator 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, including Category I and Category II nonfriable asbestos-containing material. The requirements of sections 3 through 4 of this rule apply to each owner or operator of a demolition or renovation activity, including the removal of regulated asbestos-containing material (RACM).
7. On May 23, 1997, an engineering firm, hired by Schnippel Construction, Inc. to conduct a Phase I environmental assessment of the building, notified Tom Schnippel that asbestos had been observed in the facility and recommended that if renovation or demolition occurs at the facility, that a qualified asbestos environmental professional or contractor perform a complete asbestos survey of the building structures. This violation is based on the fact that even after receiving the engineer's report and recommendation, Tower Senior Apartments, LLP and Schnippel Construction, Inc. failed to have an Indiana accredited asbestos inspector conduct a thorough inspection of the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, a violation of 326 IAC 14-10-1.
8. Rule 326 IAC 14-10-3(1) states that each owner or operator of a demolition or renovation activity to whom this section applies shall provide the Commissioner with written notice of intention to demolish or renovate on a form to be provided by the Commissioner and update such notice as necessary.
9. This violation is based on the fact that Tower Senior Apartments, LLP and Schnippel Construction, Inc. failed to provide written notice to the Commissioner of the demolition and/or renovation activities to be conducted at the facility, a violation of 326 IAC 14-10-3(1).
10. Rule 326 IAC 14-10-4(1) states that each owner or operator of a demolition or renovation activity to whom this section applies shall remove all RACM from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal.
11. This violation is based on the fact that during the inspection on November 20, 1997, it was observed that while under the supervision of Tom Schnippel, Dirt Brothers Demolition disturbed approximately 600 linear feet of RACM during demolition and/or renovation activities at the facility, a violation of 326 IAC 14-10-4(1). An inspection conducted on December 15, 1997 revealed that Dirt Brothers Demolition disturbed approximately fifty (50) additional linear feet of RACM during continued demolition and/or renovation activities at the facility, a violation of 326 IAC 14-10-4(1).
II. DIRT BROTHERS DEMOLITION AND TOWER SENIOR APARTMENTS, LLP
12. Rule 326 IAC 18-3-3 states that no person shall supervise or implement an asbestos removal project without accreditation by the Commissioner.
Dirt Brothers Demolition is not licensed as an asbestos removal contractor, nor are its employees accredited to remove asbestos. Tower Senior Apartments, LLP is not licensed to implement an asbestos removal project. This violation is based on the fact that during the November 20, 1997 inspection of the facility, representatives of IDEM observed Dirt Brothers Demolition removing and/or disturbing RACM at the facility, a violation of 326 IAC 18-3-3. During the December 15, 1997 inspection of the facility, representatives from IDEM observed that Dirt Brothers Demolition had continued removal and/or disturbance of RACM on floors 8 through 12 even after being notified of violations discovered on floors 2 through 7 on November 20, 1997. Approximately fifty (50) additional linear feet of RACM had been removed by unaccredited employees of Dirt Brothers Demolition as they stripped and removed interior walls, floors and ceilings, a violation of 326 IAC 18-3-3.
14. Rule 326 IAC 14-10-4(2) states that each owner or operator shall, when a facility component that contains, is covered with, or is coated with regulated asbestos-containing material (RACM) is being taken out of the facility as a unit or in sections, the following shall occur:
(A) adequately wet all RACM exposed during cutting or disjoining operations.
This violation is based on the fact that at the time of the November 20, 1997 inspection, Dirt Brothers Demolition had removed and/or disturbed approximately 600 linear feet of RACM on floors 2 through 7. Without using any water, facility components covered with RACM were removed from the facility and placed in an outside dumpster, a violation of 326 IAC 14-10-4(2).
Rule 326 IAC 14-10-4(3) states that each owner or operator shall, when RACM is stripped from a facility component while it remains in place in the facility, adequately wet the RACM during the stripping operation.
This violation is based on the fact that at the time of the November 20, 1997 inspection, Dirt Brothers Demolition had removed and/or disturbed approximately 600 linear feet of RACM on floors 2 through 7. The material was dry and friable as no water was applied during removal, violations of 326 IAC 14-10-4(3). On December 15, 1997, the inspectors observed that pipes covered with RACM had been disturbed and removed on floors 8 through 10, violations of 326 IAC 14-10-4(3).
Rule 326 IAC 14-10-4(6) states that each owner or operator shall, for all RACM, including material that has been removed or stripped:
(A) Adequately wet the material and ensure that it remains wet until collected and contained or treated for disposal and is disposed of in accordance with 40 CFR 61.150 and 329 IAC 2-21 [currently 329 IAC 10-8.1-12] (RACM shall be adequately wet throughout all stages of disposal).
This violation is based on the fact that on November 20, 1997, twelve (12) open trash bags containing dry, friable RACM were observed in the building, a violation of 326 IAC 14-10-4(6). On December 15, 1997, the inspectors also observed at least one (1) open waste bag which contained dry, friable asbestos, a violation of 326 IAC 14-10-4(6).
Rule 326 IAC 14-10-4(11) states that each owner or operator shall, for any RACM or suspect RACM,
(A) Any stripped, disturbed or removed friable asbestos materials that are in a leak-tight wrapping and left at a facility or stored elsewhere prior to disposal, must be securely stored in a manner that restricts access by unauthorized persons to the material. The material must be stored in locked containers, rooms, trucks or trailers. Asbestos warning signs or labels must be prominently displayed on the door of the locked containers, rooms, trucks or trailers. If such secure areas are not available, other security measures must be employed, including the use of barriers, security guards or other measures approved by the Commissioner. Asbestos warning labels must be posted in all areas where asbestos is stored.
(B) When an ongoing asbestos project is interrupted for any nonemergency situation, all RACM that was disturbed, stripped or removed must be wetted and placed into leak-tight wrapping and stored in a manner consistent with 11(A). If the RACM that was stripped, disturbed, or removed is not, or cannot be collected, and placed into leak-tight wrapping and stored during the abatement interruption, an accredited Indiana worker or supervisor, must remain at the job site to prevent unauthorized persons from entering the work area. Asbestos warning signs or labels must be posted on all entrances and exits to the work area.
This violation is based on the fact that on November 20, 1997, gross contamination of RACM was observed in and around the dumpster and throughout the building, and no asbestos warning signs were posted, a violation of 326 IAC 14-10-4(11).
On March 11, 1998, a Notice of Violation was issued, pursuant to IC 13-30-3-3 to Tower Senior Apartments, LLP and Schnippel Construction, Inc. for the violations noted in Paragraphs 6-11. Also on March 11, 1998, a Notice of Violation was issued, pursuant to IC 13-30-3-3 to Tower Senior Apartments, LLP and Dirt Brothers Demolition for the violations noted in Paragraphs 12-21.
23. The Notices of Violation contained an offer to enter into an Agreed Order containing actions required to correct the violation.
24. More than sixty (60) days have elapsed since Respondents were offered the opportunity to enter into an Agreed Order.
25. Respondents have not entered into an Agreed Order resolving these violations.
1. Respondents shall pay a civil penalty for violations of the asbestos requirements listed in this Order as follows: Respondents Schnippel Construction, Inc. and Tower Senior Apartments, LLP are assessed Sixty-Seven Thousand Two Hundred Fifty Dollars ($67,250) for the violations noted in I (paras. 6-11). Respondents Dirt Brothers Demolition and Tower Senior Apartments, LLP are assessed Forty-Three Thousand Seven Hundred Fifty Dollars ($43,750) for the violations noted in II (paras. 12-21). These penalties 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 Cause Numbers indicated on the checks and mailed to Cashier, IDEM, P.O. Box 7060, Indianapolis, Indiana 46207-7060.
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. Pursuant to IC 4-21.5-3-7, 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 Department of Environmental Management
ISTA Building, Suite 618 IGCN, 100 North Senate
150 West Market Street P.O. Box 6015
Indianapolis, IN 46204 Indianapolis, IN 46206-6015
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 pursuant to IC 4-21.5-3-7 and your right to a judicial review of the Order pursuant to IC 4-21.5-5-4. The request for review must contain the following information:
A statement of facts demonstrating that
(a) You are the person to whom this Order is specifically directed;
(b) You are aggrieved or adversely affected by this Order; or
(c) You are entitled to review by law.
The following information should be included in order to expedite review by the Office of Environmental Adjudication:
Identification of the cause number of this Order, the specific findings of fact and/or orders to be reviewed, and the legal basis for your challenge to this Order. In addition, your request for review should include the name, address, and phone number of the entity or individual to whom this Order is specifically directed. 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 Indianapolis, Indiana, this day of , 199 .
Signed 10/1/98
John M. Hamilton
Commissioner
cc: US EPA, Region 5, AECA IL/IN
Madison County Health Department
Bill Dorff, Anderson OAM
OAM Public file
http://www.ai.org/idem/
1.2.3.4.1.2.3.4.1.