Link to original WordPerfect Document here




NOTICE OF VIOLATION

    
Via Certified Mail# _______________        Via Certified Mail#_______________

To:    William Sullivan, President            Prentice Hall Corp.
    LVI Environmental Services, Inc.        LVI Environmental Services, Inc.
    225 Fencl Lane                250 E Ohio St., Suite 500
    Hillside, IL 60162                Indianapolis, IN 46204

Via Certified Mail# _______________

    Gail Conner                                    
    G&C Environmental Services, Inc.
    2 Street Rd.    Newtown Square, PA 19073

Cause No. A-4654 or 1999-3660-A

    Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on September 15, 1999, LVI Environmental Services, Inc. and G&C Environmental Services, Inc., conducting an asbestos removal project located at JC Penney Store #218 located at 6020 E 82nd St. in Indianapolis, Indiana, were in violation of the following environmental rules:

    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).

    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 operators 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 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.

     Please contact Lynne Donahue at (317) 233-5521 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.
    

                            For the Commissioner:

Date:    _______________                Signed 1/4/00                                             Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

cc:    Deanna Regan, JC Penney Co., Inc.
    Russell Smith, LVI Environmental Services, Inc.
    Marion County Health Department
    Cheryl Carlson, City if Indianapolis, ERMD
    Amy McDonnell, Office of Legal Counsel
    Lynne Donahue, Office of Enforcement
    Frank Profit, Office of Air Management
    John Clevenger, Office of Air Management
    Enforcement File
    OAM Public File
    http://www.ai.org/idem/

Converted by Andrew Scriven