NOTICE OF VIOLATION
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Via Certified Mail
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7002 0510 0004 0442 4517 |
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To: |
Randolph R. Tomasino, President & Registered Agent |
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Case No. 2004-13948-A
Based on an investigation on February 25, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Liberty Environmental Specialties, Inc., (Respondent) has violated environmental rules. The violations are based on the following:
1. Respondent implemented an abatement project at 228 Dunbar Street in New Albany, Floyd County, Indiana (the “Site”).
A. Pursuant to 326 IAC 14-10-4(1), each owner or operator of a demolition or renovation activity is required to remove all regulated asbestos containing materials from a facility being demolished or renovated before any activity begins that could disturb the material.
The IDEM inspector observed that the owner/operator failed to remove asbestos containing material in the facility before demolition or renovation activity began, a violation of 326 IAC 14-10-4(1).
B. Pursuant to 326 IAC 14-10-4(9), visible contamination of asbestos shall be collected upon the completion of removal operations.
The IDEM inspector observed that the owner/operator failed to collect visible contamination of asbestos after the asbestos project was completed, a violation of 326 IAC 14-10-4(9).
C. Pursuant to 326 IAC 14-10-4(10), upon completion of the cleanup requirements, an Indiana licensed supervisor shall perform a final visual inspection of the work area for visible suspect asbestos debris. If visible suspect asbestos debris is discovered, the requirements of subdivision (9) shall be repeated until all visible asbestos debris has been removed. The supervisor must then certify in writing that the final visual inspection was conducted and the work area is free of all visible asbestos debris.
The IDEM inspector observed visible contamination of asbestos demonstrating that the supervisor failed to perform a final visual inspection of the work area to ensure the work area is free of all visible asbestos debris, a violation of 326 IAC 14-10-4(10).
In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violations may exist and offers an opportunity to enter into an Agreed Order providing for the action 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.
As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.
If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of 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 Amy Moreland at 317.232. 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 on
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Floyd County Health Department
Office of Legal Counsel
Amy Moreland, Office of Enforcement
John Clevenger, Office of Air Quality/Air Compliance 2
Enforcement File 2004-13948-A
Asbestos File (10th Floor)
Public File