Notice of Violation

NOTICE OF VIOLATION

Via Certified Mail# ______________________

To: Mr. Jeffrey A. Hart, President and Registered Agent

Environmental Assurance Company, Inc.

137 South Production Drive

Avon, Indiana 46123

Case No. 2003-12657-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 14, 2002, Environmental Assurance Company, Inc., located at 137 South Production Drive, Avon, Hendricks County, Indiana was contracted for a abatement project at 440 Nowlin Avenue, Greendale, Dearborn County, Indiana and was found in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to 326 IAC 14-10-4(3), when Regulated Asbestos Contaminated Material (RACM) is stripped from a facility component, while in place in the facility, it must be adequately wetted during the stripping operation. The IDEM inspector noted that RACM was being stripped from a facility, while in place in the facility, without being adequately wetted, a violation of 326 IAC 14-10-4(3).

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)(A).

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 1/30/04

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Dearborn County Health Department

Mr. John Clevenger, Office of Air Quality

Office of Legal Counsel

Ms. Linda McClure, Office of Enforcement

Enforcement file (2003-12657-A)

Public file (Asbestos - 10^th Floor)