NOTICE OF VIOLATION

Via Certified Mail# _______________

To: Michael LoPresti, President and Registered Agent

Asbestos Consulting Specialists, Inc.

401 69th Street

Darien, IL 60561

Case No. 2001-10428-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on or around March 1, 2001, Asbestos Consulting Specialists, Inc., conducted an asbestos removal project at 2045 Davidson Place, Whiting, Indiana in violation of the following environmental rules:

A. Pursuant to 326 IAC 14-10-3(1), each owner or operator of a demolition or renovation activity is required to provide IDEM with written notice of the intention to demolish or renovate and update the notice as necessary. The IDEM inspector noted that the owner or operator failed to provide IDEM with a notification of asbestos removal, a violation of 326 IAC 14-10-3(1).

B. Pursuant to 326 IAC 18-1-3(a)(5), no person shall implement an asbestos project at a facility without current licensing by IDEM. The IDEM inspector noted that this asbestos project was not implemented by an Indiana licensed asbestos removal contractor, a violation of 326 IAC 18-1-3(a)(5).

C. Pursuant to 326 IAC 18-1-3(d), an asbestos contractor shall implement asbestos projects by employing a licensed asbestos worker, an inspector, a project supervisor, a project designer, or a management planner who fulfills the requirements of section 4(d) o4 6(a) of this rule by successfully completing an approved training course provided by another Indiana approved training provider.

The asbestos inspector noted that a worker who implemented the asbestos removal was not an Indiana licensed worker or supervisor, a violation of 326 IAC 18-1-3(d).

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

To discuss this matter further, please contact Lynne Sullivan at (317) 233-5521 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

For the Commissioner:

Date: _______________ Signed 7/13/01

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

cc: Sam Zagorac, property owner

Lake County Health Department

Jay Rodia, Office of Legal Counsel

Lynne Sullivan, Office of Enforcement

Cathy Csatari, Northwest Regional Office

Linda Williams, OAQ

Frank Profit, OAQ

Enforcement File

http://www.IN.gov/idem