Notice of Violation

NOTICE OF VIOLATION

Via Certified Mail# ______________________________

To: David A. Doup, President and Registered Agent

Taylor Brothers Construction, Co. Inc.

3190 Rocky Ford Road

Columbus, Indiana 47201

Case No. 2002-11410-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 31, 2002, Taylor Brothers Construction Co., Inc., located at 3190 Rocky Ford Road, Columbus, Bartholomew County, Indiana was contracted to perform work at the Ramada Inn, 2485 Jonathan Moore Pike, Columbus, Bartholomew County, Indiana, and was found 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(6)(A), asbestos shall be adequately wetted, properly handled and disposed of to ensure asbestos fibers will not be released during or after removal. The IDEM inspector observed asbestos material that was not adequately wetted or properly handled during or after removal, a violation of 326 IAC 14-10-4(6).

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 insecurely, a violation of 326 IAC 14-10-4(11).

D. Pursuant to 326 IAC 14-10-4(13), no asbestos removal project shall be implemented at a facility unless at least one (1) Indiana licensed asbestos project supervisor is present on-site in the work area during the asbestos removal project. The IDEM inspector noted that an asbestos project supervisor was not on-site during the asbestos removal project, a violation of 326 IAC 14-10-4(13).

E. 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 current licensed workers, a violation of 326 IAC 18-1-3(a)(5).

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 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 May 28, 2002

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Bartholomew County Health Department

Mr. John Clevenger, Office of Air Quality

Mr. Jay Rodia, Office of Legal Counsel

Ms. Linda McClure, Office of Enforcement

Enforcement file (2002-11410-A)

Public file (Asbestos - 10^th Floor)