AMENDED NOTICE OF VIOLATION

Via Certified Mail #:
To:	Mr. Jay C. Reynolds, Registered Agent JMark Investments, LLC 529 Main Street Lafayette, Indiana 47901

Case No. 2005-14904-A

Based on an investigation on August 8, 2005, the Indiana Department of Environmental Management (“IDEM”) has reason to believe that JMark Investments, LLC, (“Respondent”) has violated environmental rules. The violations are based on the following:

1. Respondent owns property located at 216 North Sixth Street in Lafayette, Tippecanoe County, Indiana (the “Site”), where an asbestos abatement project was conducted.

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

B. Pursuant to 326 IAC 14-10-1, the owner or operator of a demolition or renovation activity is required to have an Indiana licensed inspector thoroughly inspect the facility for the presence of asbestos prior to engaging in any activity that could disturb the asbestos. The IDEM inspector noted that the facility was not inspected by an Indiana licensed inspector prior to engaging in an activity that could disturb asbestos, a violation of 326 IAC 14-10-1.

C. 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).

D. 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).

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.

Please contact Lynne Sullivan at (317) 233-5521 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

	For the Commissioner:
Date:	Signed September 26, 2006
	Matthew T. Klein Assistant Commissioner for Compliance & Enforcement

cc: Tippecanoe County Health Department

Lynne Sullivan, Office of Enforcement

Dan Stamatkin, Office of Air Quality

Office of Air Quality Public File

Enforcement File

http://www.in.gov/idem