Notice of Violation

NOTICE OF VIOLATION

Via Certified Mail# _____________________ Via Certified Mail# _____________________

To: Mr. Jeffery G. Watkins Mr. Stephen A. Bryson, Secretary

President and Registered Agent American Environmental Abatement Co.

American Environmental Abatement Co. 1027 North Irvington Avenue

714 Buchamana St. 14 Indianapolis, Indiana 46219

Indianapolis, Indiana 46203

Case No.: 2001-10530-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on May 15, 2001 and May 21, 2001, American Environmental Abatement Company, contracted to abate asbestos at the former Evans School, located at 1715 East 38^th Street, in Marion, Grant County, Indiana, was in violation of the following environmental statute(s), rule(s) and/or permit(s):

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, a violation of 326 IAC 14-10-3(1).

B. Pursuant to 326 IAC 14-10-4(4), after a facility component covered with, coated with or containing Regulated Asbestos Containing Material (RACM) has been taken out of the facility as a unit, it shall be stripped or contained in leak-tight wrapping. The IDEM inspector observed RACM on a boiler that had been removed from the facility and was not in leak-tight wrapping, a violation of 326 IAC 14-10-4(4).

Pursuant to 326 IAC 14-10-4(5), for large facility components that must be handled in accordance with 326 IAC 14-10-4(2) through (4), the RACM is not required to be stripped if the component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM, the component is encased in leak-tight wrapping and the leak tight wrapping is labeled according to 40 CFR 61.149 during all loading and unloading operations and during storage. The IDEM inspector observed RACM on a boiler that had been removed from the facility and was not in leak-tight wrapping or signed appropriately, a violation of 326 IAC 14-10-4(5).

C. Pursuant to 326 IAC 14-10-4(11), any stripped, disturbed, or removed friable asbestos materials must be stored securely to prevent access to the material by unauthorized persons. The IDEM inspector observed asbestos material being stored in an unsecured manner, a violation of 326 IAC 14-10-4(11).

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 Linda L. McClure at 317-232-8408 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:

Signed 9/10/02

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Grant County Health Department

Mr. Dan Stamatkin, Office of Air Quality

Mr. Jay Rodia, Office of Legal Counsel

Ms. Linda L. McClure, Office of Enforcement

Public File (10^th Floor - Asbestos)

Enforcement File (2001-10530-A)