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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,        )
                    )    
        vs.            )    Cause No. A-3929
                    )
                    )    
RADCO ASBESTOS SPECIALISTS, INC.,    )
                    )
        Respondent.        )

NOTICE AND ORDER OF THE

COMMISSIONER OF THE

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

VIA CERTIFIED MAIL         VIA CERTIFIED MAIL

To:    Daniel Radcliff, Vice President        Fred Radcliff, President
    RADCO Asbestos Specialists, Inc.        RADCO Asbestos Specialists, Inc.
    1940 Old Shepherdsville Road        1940 Old Shepherdsville Road
    Louisville, KY 40218            Louisville, KY 40218

    This Notice and Order of the Commissioner of the Department of Environmental Management is issued against the Respondent for violation of Indiana environmental management laws. 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 a violation found during an investigation conducted by the Office of Air Management. During that investigation it was determined that the Respondent was in violation of 326 IAC 14-10-4, as specified below:


FINDING OF VIOLATION

    1.    Respondent implemented an asbestos removal project at the Huntingburg Municipal Electric Utility at 508 North Van Buren in Huntingburg, Indiana ("the Site"), on or before February 11, 1997, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).

    2.    Rule 326 IAC 14-10-4(9) requires, "Upon completion of stripping and removal operations..., collect visible contamination of asbestos by employing one (1) or both of the following cleaning procedures: (A) Vacuum all surfaces in the work area using a vacuum equipped with a HEPA filter and remove all standing water; (B) Wet wipe or wet mop all surfaces in the work area and remove all standing water."

    3.    Rule 326 IAC 14-10-4(10) requires, "Upon completion of the cleanup requirements identified in subdivision (9), an Indiana accredited supervisor, prior to the removal of the warning signs or other demarcation of the work area, shall perform a final visual inspection of the work area for visible suspect RACM debris. If visible suspect RACM debris is discovered, then the requirements of subdivision (9) shall be repeated until all visible suspect RACM debris has been removed. Upon completion of the above, the accredited supervisor shall certify in writing that the final visual inspection was completed and the work area is free of all visible suspect asbestos debris. This certification shall also include the date of the final visual inspection, the location of the asbestos removal project and the accredited supervisor's signature. The certification shall be retained by the contractor for a period of at least three (3) years from the date of the final visual inspection and must be made available upon request from IDEM. A copy of the certification shall also be sent to the building owner."

    4.    On February 11, 1997, a representative of IDEM observed that the warning signs and demarcation of the work area had been removed, but visible asbestos-containing debris remained in several locations throughout the Site, a violation of 326 IAC 14- 10-4(9).

    5.    The Respondent's supervisor failed to certify in writing that the Final Visual Inspection had been completed and that the work area was free of visible asbestos debris prior to the removal of the warning signs and work area demarcation, a violation of 326 IAC 14-10-4(10).

    6.    On February 18, 1997, Respondent returned to the Site to clean up the asbestos- containing debris and certified in writing that a final visual inspection was completed and the work area was free of all visible suspect asbestos debris.

    7.    On November 7, 1997, IDEM issued a Notice of Violation pursuant to IC 13-30-3-3 to the Respondent for violation of 326 IAC 14-10-4(9) and -4(10).

    8.    In the Notice of Violation, IDEM contained an offer to enter into an Agreed Order providing for actions required to correct the violation.

    9.    On December 23, 1997, an IDEM representative spoke with Respondent regarding possible settlement. Respondent's representative indicated he needed to consult with others and would call back.

    10.    Because Respondent failed to call back, on January 28, 1998, IDEM called Respondent and left a message.

    11.    On February 3, 1998, IDEM called Respondent and left another message.

    12.    Respondent failed to return the calls. On February 26, 1998, IDEM mailed a proposed Agreed Order to Respondent via certified mail. Respondent received it on March 2, 1998.

    13.    On April 8, 1998, IDEM mailed a proposed Agreed Order to Respondent via certified mail with a request to respond within ten days of receipt. Received by Respondent April 13, 1998.

    14.    More than sixty (60) days have elapsed since IDEM offered Respondent the opportunity to enter into an Agreed Order.

    10.    Despite repeated attempts to resolve this matter, Respondent has not entered into an Agreed Order resolving this violation.


ORDER

    1.    The Respondent shall immediately cease and desist violation of 326 IAC 14-10-4.

    2.    The Respondent shall pay a civil penalty of Three Thousand Dollars ($3000) for violation of 326 IAC 14-10-4(9) and (10). 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 IDEM Asbestos Trust Fund, with the Cause Number indicated on the checks and mailed to Cashier, IDEM, P.O. Box 7060, Indianapolis, Indiana 46207-7060.


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 . 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 June 18, 1998
                ______________________________
                John M. Hamilton
                Commissioner

cc:    David Mulholland, City of Huntingburg
    Dubois County Health Department
    OAM Public file
    http://www.ai.org/idem/

Converted by Andrew Scriven