NOTICE OF VIOLATION

 

 

Via Certified Mail# _________________ Via Certified Mail# _________________

To: Mr. Lee Albertson, President C T Corporation System, Registered Agent

INCORP INC. for INCORP INC.

7125 Olive Street 36 South Pennsylvania Street, Suite 700

Evansville, Indiana 47715 Indianapolis, Indiana 46204

Case No.: 2002-11649-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on April 18, 2002, INCORP Inc., was contracted to abate a coal fired power plant at Indiana State University, located at 528 North 8th Street, in Terre Haute, Vigo County, Indiana and was in violation of the following environmental statute(s), rule(s) and/or permit(s):

A. 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).

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 9/16/02

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc: Vigo County Health Department

Mr. Joseph Karnis, Vigo County Air Pollution Control

Mr. Frank Profit, Office of Air Quality

Mr. Jay Rodia, Office of Legal Counsel

Ms. Linda L. McClure, Office of Enforcement

Public File (10th Floor - Asbestos)

Enforcement File (2002-11649-A)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CC Address:

Joseph Karnis

Vigo County Air Pollution Control

103 South Third Street

Terre Haute, Indiana 47807