STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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ENVIRONMENTAL MANAGEMENT |
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COUNTY OF MARION ) |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT |
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Complainant, |
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Case No. 2017-24542-A |
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FORMER GLORY, LLC, |
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Respondent. |
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AGREED ORDER
Complainant and Respondent desire to
settle and compromise this action without hearing or adjudication of any issue
of fact or law, and consent to the entry of the following Findings of Fact and
Order. Pursuant to IC 13-30-3-3, entry
into the terms of this Agreed Order does not constitute an admission of any
violation contained herein. Respondent's
entry into this Agreed Order shall not constitute a waiver of any defense,
legal or equitable, which Respondent may have in any future administrative or
judicial proceeding, except a proceeding to enforce this order.
I.
FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management (“IDEM”), a department of
the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is Former Glory, LLC (“Respondent”),
a general contracting company which was conducting demolition and renovation
work at 715 East 17th Street, in Indianapolis, Marion County,
Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via Certified Mail on September 13, 2019
to:
Peter Handley,
President & Registered Agent
Former Glory,
LLC
2346 N
Delaware St
Indianapolis,
IN 46205
5.
All rule citations herein refer to the rule in
effect at the time of the inspection unless otherwise noted.
6.
During an investigation at the Site including
an inspection on May 3, 2017 conducted by a
representative of IDEM, the following violations were found:
a. Pursuant
to 326 IAC 14-10-1(a), the owner or operator of a demolition or renovation
activity shall 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.
Respondent failed to have the facility
inspected by an Indiana licensed inspector prior to engaging in an activity
that could disturb asbestos, in violation of 326 IAC 14-10-1(a).
b. Pursuant to 326 IAC 18-1-3(a)(1), no person shall inspect for
asbestos containing materials at a facility without current licensing by IDEM.
Respondent failed to have this asbestos
project inspected by a currently licensed inspector, in violation of 326 IAC
18-1-3(a)(1).
c.
Pursuant
to 326 IAC
Respondent failed to remove asbestos
containing material in the facility before demolition or renovation activity
began, in violation of 326 IAC 14-10-4(1).
d.
Pursuant
to 326 IAC 14-10-4(2) & 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.
Respondent failed to adequately wet or
properly handle asbestos material during or after removal, in violation of 326
IAC 14-10-4(2) & 326 IAC 14-10-4(6)(A).
e.
Pursuant
to 326 IAC 14-10-4(13), no person shall implement an asbestos project at a
facility without current licensing by IDEM.
Respondent failed to implement this
asbestos project using currently licensed workers, in violation of 326 IAC 14-10-4(13).
7.
Respondent stopped all activity until an
asbestos abatement company inspected and removed the regulated asbestos
containing material.
8.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the
settlement reached, Respondent acknowledges notice of this right and waives any
right to administrative and judicial review of this Agreed Order.
II.
ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s
delegate, and has been received by Respondent.
This Agreed Order shall have no force or effect until the Effective
Date.
2.
Respondent shall comply with rules listed in
the findings above at issue.
3.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Lisa Hayhurst, Enforcement Case
Manager |
Compliance and Enforcement Branch –
Mail Code 61-53 |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
4.
Respondent is assessed and agrees to pay a
civil penalty of Five Thousand Dollars ($5,000.00). Said penalty amount shall be due and payable
to the Asbestos Trust Fund in six (6) monthly payments, with the initial
payment of Eight Hundred Thirty-Five Dollars ($835.00) due within thirty (30)
days of the Effective Date; the 30th day being the “Due Date” and
the remaining five (5) payments of Eight Hundred Thirty-Three Dollars ($833.00)
each, with the second payment due within sixty (60) days of the Effective Date,
the third payment due within ninety (90) days of the Effective Date, the fourth
payment due within one hundred twenty (120) days of the Effective Date, the
fifth payment due within one hundred fifty (150) days of the Effective Date,
and the sixth payment due within one hundred eighty (180) days of the Effective
Date.
5.
Civil penalties are payable by check to the
“Asbestos Trust Fund” Checks shall include the Case Number of this action and
shall be mailed to:
Indiana
Department of Environmental Management |
Accounts
Receivable |
IGCN,
Room 1340 |
100
North Senate Avenue |
Indianapolis,
IN 46204 |
6.
This Agreed Order shall apply to and be binding
upon Respondent and its successors and assigns. Respondent’s signatories to this
Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership, corporate, or
partnership status of Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
7.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be
computed as having accrued from the Due Date until the date that Respondent
pays any unpaid balance. Such interest
shall be payable to the Asbestos Trust Fund, and shall be payable to IDEM in
the manner specified in Paragraph 5, above.
8.
In the event that any terms of this Agreed
Order are found to be invalid, the remaining terms shall remain in full force
and effect and shall be construed and enforced as if this Agreed Order did not
contain the invalid terms.
9.
Respondent shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondent shall ensure that all
contractors, firms and other persons performing work under this Agreed Order
comply with the terms of this Agreed Order.
10.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or
approval of any submittal made by Respondent pursuant to this Agreed Order,
shall not in any way relieve Respondent of its obligation to comply with the
requirements of its applicable permits or any applicable Federal or State law or
regulation.
11.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or
regulation. Additionally, IDEM or anyone
acting on its behalf shall not be held liable for any costs or penalties
Respondent may incur as a result of Respondent’s efforts to comply with this
Agreed Order.
12.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the same
violations specified in the NOV.
13.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the EPA or any other
agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not
be held liable for any costs or penalties Respondent may incur as a result of
such communications with the EPA or any other agency or entity.
14.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Former Glory, LLC |
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By: |
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By: |
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David P. McIver, Chief |
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Printed: |
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Enforcement Section |
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Title: |
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Office of Air Quality |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental
Management |
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By: |
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By: |
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Date: |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA
DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS |
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DAY
OF |
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, 2020. |
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For the Commissioner: |
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Signed on January 23, 2020 |
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Matthew Stuckey Deputy Assistant |
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Commissioner |
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Office of Air Quality |
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