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STATE OF |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. LAND COAST
INSULATION, INC., Respondent. |
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NOTICE AND
ORDER OF THE
COMMISSIONER OF
THE
INDIANA
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
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Via Certified
Mail #: |
Via Certified Mail #: |
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To: Mike
Morton, President |
CT Corporation System, Registered Agent |
This Notice and Order of the Commissioner
of the Indiana Department of Environmental Management ("Order") is
issued against the Respondent 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 IC 13-30-3-11, and is based on violations
found during an investigation conducted by the Office of Air Quality (“OAQ”) on
FINDING OF
VIOLATION
1.
Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management, a department of the
State of
2.
Respondent is Land Coast Insulation, Inc.
(“Respondent”), which operated an asbestos removal project located at
3.
The Indiana Department of Environmental
Management (“IDEM”) has jurisdiction over the parties and the subject matter of
this action.
4.
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. 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 61.150, a violation of 326 IAC
14-10-4(6)(A).
5.
Pursuant to 326 IAC 14-10-4(11), each owner or
operator of a demolition or renovation activity must securely store, in a
manner that restricts access by unauthorized persons, any stripped, disturbed,
or removed friable asbestos materials that are in a leak-tight wrapping and
left at the facility or stored elsewhere prior to disposal. The Respondent failed to securely store
stripped, disturbed, or removed friable asbestos materials that was in
leak-tight wrapping and left at the Site, a violation of 326 IAC 14-10-4(11).
6.
Pursuant to 326 IAC
7.
On
8.
The Notices of Violation contained an offer to
enter into an Agreed Order containing actions required to correct the
violations.
9.
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
10.
The Respondent has not entered into an Agreed
Order resolving these violations.
ORDER
1.
The Respondent shall pay a civil penalty of
Sixteen Thousand Seven Hundred and Fifty Dollars ($16,750). 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:
IDEM
Cashier’s Office (Mail Code 50-10C)
100 North Senate Avenue
Indianapolis, Indiana 46204-2251
2.
Respondent shall comply with 326 IAC 18-1 and
326 IAC 14-10.
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:
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Director |
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.
Dated at
Signed on
Thomas W. Easterly
Commissioner
cc: Mark Shere, Esquire
Tippecanoe County Health Department
Matthew Klein, Assistant Commissioner of Compliance & Enforcement
Joseph Merrick, Office of Legal Counsel
Lynne Sullivan, Office of Enforcement
John Clevenger, Office of Air Quality
Public File – 10th Floor
Enforcement File
http://www.IN.gov/idem