AMENDED

NOTICE OF VIOLATION

 

Via Certified Mail #:

Via Certified Mail #:

7000 0600 0027 2039 2413

7000 0600 0027 2042 7740

To: James L. Holian, III

Marc A. Benjamin, Registered Agent

Holian Asbestos Removal

7504 Meyer Road

  and Encapsulation Corporation

Spring Grove, IL 60081

7504 Meyer Road

 

Spring Grove, IL 60081

 

 

Case No. 2004-14061-A

 

Based on an investigation on April 19, 2004, the Indiana Department of Environmental Management (IDEM) has reason to believe that Holian Asbestos Removal and Encapsulation Corporation (Respondent) has violated environmental rule 326 IAC 18-1-3 and 326 IAC 14-10-3.  These violations are based on the following:

 

1.                  Respondent owns and operates an asbestos abatement company that performed an abatement project at 301 N. Main Street,(former site of La-Z-Boy Furniture) in South Bend, St. Joseph County, Indiana (the “Site”).

 

2.                  Pursuant to 326 IAC 18-1-3(a)(5), no person shall initiate a project of removing asbestos containing material from a location in the State of Indiana without possessing a contractor license from IDEM. 

 

The respondent failed to adhere to this rule by conducting an asbestos removal project from March 25, 2004, until April 9, 2004, at the above location without obtaining and possessing the proper Indiana contractor license.  This constitutes a violation of 326 IAC 18-1-3(a)(5).

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that 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 13-30-3-3, 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 Brenda Mathews 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 on December 17, 2004

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc:        St. Joseph County Health Department

Mary Ann Habeeb, Office of Legal Counsel

Brenda Mathews, Office of Enforcement

Edward C. Richard, Chuhak & Tecson, P.C.

Daniel J. Holian, Holian Environmental Cleaning Corporation

Anthony Pelath, Northern Region Office

Terry Coleman, Northern Regional Office Director

Public File – 10th floor

Enforcement File

http://www.IN.gov/idem