NOTICE OF VIOLATION

    Via Certified Mail#
To:    Rick and Sharon Moore                
    501 North 3rd St.
    Kentland, IN 47951

Cause No. A-4275

    A designated representative of the Indiana Department of Environmental Management (IDEM) conducted an inspection at the apartment building, owned by Rick and Sharon Moore, located at 301 South Newton Street, Goodland, IN.

    During the inspection and ensuing investigation, you were found in violation of the following provisions of the Indiana Administrative Code:

    Rule 326 IAC 14-10-4(6) requires that Regulated Asbestos Containing Material (RACM), which has been stripped or removed, be adequately wet and remain wet until proper disposal. This violation is based on the fact that during the inspection the inspector noted fifteen to twenty (15-20) garbage bags containing RACM debris that were not adequately wet.

    Rule 326 IAC 14-10-4(9) requires that the owner or operator upon completion of stripping and removal operations shall collect all visible RACM contamination. This violation is based on the fact that during the inspection the inspector observed RACM debris on top of the garbage bags containing RACM waste.

    Rule 326 IAC 14-10-4(10) requires that upon completion of the cleanup requirements, an Indiana Accredited supervisor shall perform a final visual inspection of the work area for visible suspect RACM debris. This violation is based on the fact that an Indiana Accredited supervisor did not perform a final visual inspection of the RACM abatement project performed in the basement of the apartment building.
        
    Rule 326 IAC 14-10-4(11)(A) requires that any stripped, disturbed or removed RACM left at a facility prior to disposal, must be securely stored in a manner that restricts access by unauthorized persons to the material. This violation is based on the fact that garbage bags containing RACM observed during the inspection were not stored in a way that would prevent access by unauthorized persons.

    Rule 326 IAC 14-10-4(13) requires that no asbestos removal project shall be implemented at a facility regulated by this rule unless at least one (1) Indiana accredited asbestos project supervisor is present on-site in the work area during the asbestos removal project. This violation is based on the fact that during the inspection the inspector learned that an Indiana accredited asbestos project supervisor was not present during the removal project.

Rule 326 IAC 18-1-3(a) no person shall implement an asbestos project at a facility without accreditation by the commissioner. This violation is based on the fact that the inspector learned that the individual who removed the RACM in the basement of the apartment building was not accredited by the Commissioner.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you 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.

    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take 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 of any violation.

Entering into an Agreed Order will prevent the issuance of an 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 timely 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 give you the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the violation occurred.

    To discuss this matter further, please contact Craig Henry at 317/233-1136 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 to you for review and signature.

                            For the Commissioner:

Date:    _______________                Signed November 23, 1998
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

cc:    Brent Marable, US EPA Region 5
    Newton County Health Department
    OAM Public File
    http://www.ai.org/idem/
    

Converted by Andrew Scriven