STATE OF INDIANA COUNTY OF MARION	) ) )	SS:	BEFORE THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Complainant, v. ABCS CONTRACTORS, INC., Respondent.				) ) ) ) ) ) ) ) ) )	Case No. 2018-25524-A

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 ABCS Contractors, Inc. (“Respondent”), which owns and operates a demolition company located at 2700 Sloan Avenue in Indianapolis, Marion County, Indiana (“the Contractor”).

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”) in conjunction with this Agreed Order via Certified Mail to:

David Stewart, President and Registered Agent

ABCS Contractors, Inc.

2400 Sloan Ave.

Indianapolis, IN 46203

5. During an investigation conducted by a representative of IDEM, the following violations were found:

a. Pursuant to 326 IAC 14-10-3(7), in no event shall regulated asbestos containing materials (RACM) removal work (or any other activity, including site preparation that would break up, dislodge, or similarly disturb asbestos material) or demolition activities begin on a date other than the date contained in the most recent written notification.

Respondent failed to commence demolition activities on the date identified in the most recent written notification for 2614 West 16th Street and 2618 West 16th Street in Indianapolis, Marion County, Indiana, in violation of 326 IAC 14-10-3(7).

b. Pursuant to 326 IAC 14-10-3(2)(B), each owner or operator of a demolition or renovation activity shall provide the department with written notice of the intention to demolish or renovate at least ten (10) working days before demolition begins if the operation is a demolition operation described in

section 1(a) of this rule and the facility contains less than three (3) square feet, three (3) linear feet, or seventy-five hundredths (0.75) cubic foot of RACM, on or off facility components, or there is no asbestos in the facility.

Respondent failed to provide notification at least ten (10) working days before demolition began for 2614 West 16th Street, 2618 West 16th Street, 2628 West 16th Street, and 2140 North Central Avenue in Indianapolis, Marion County, Indiana, in violation of 326 IAC 14-10-3(2)(B).

c. Pursuant to 326 IAC 14-10-3(3)(R)(i), for demolition and renovation projects described in section 1(a) through 1(e) of this rule, the written notice shall include the name, address, telephone number, and license number issued under 326 IAC 18 of the person who inspected the facility for RACM.

Respondent failed to provide the name, address, telephone number, and license number of the licensed asbestos inspector who inspected 2614 West 16th Street, 2618 West 16th Street, and 2628 West 16th Street in Indianapolis, Marion County, Indiana, in violation of 326 IAC 14-10-3(3)(R)(i).

d. Pursuant to 326 IAC 14-10-3(5)(B), when the demolition described in section 1(a) of this rule, including the demolition of facilities with no asbestos, will begin on a date later than the date specified in the original or the most recent revised notification, written notice of the new demolition start date must be provided to the department at least two (2) working days before the start date of demolition specified in the notification that is being revised.

Respondent failed to provide a revised notification two (2) working days before the start date of demolition specified in the notification that is being revised for 2614 West 16th Street, 2618 West 16th Street, 2628 West 16th Street, and 2140 North Central Avenue in Indianapolis, Marion County, Indiana, in violation of 326 IAC 14-10-3(5)(B).

6. In recognition of the settlement reached, Respondent 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 326 IAC 14-10-3.

3. All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Jennifer Bailey, 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 agree to pay a civil penalty of Four Thousand Eight Hundred Dollars ($4,800).

The civil penalty shall be paid in six (6) monthly installments. The initial payment of Eight Hundred Dollars ($800) shall be due and payable to the Asbestos Trust Fund within thirty (30) days of the Effective Date; the 30th day being the “Due Date”. Five (5) additional payments of Eight Hundred Dollars ($800) each shall be made, one within sixty (60) days of the Effective Date, the second within ninety (90) days of the Effective Date, the third within one hundred twenty (120) days of the Effective Date, the fourth within one hundred fifty (150) days of the Effective Date, and the fifth within one hundred eighty (180) days of the Effective Date. Interest shall accrue on unpaid amounts at the rate established by IC 24-4.6-1-101.

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:

IDEM Office of Legal Counsel

IGCN, Rm N1307

100 N Senate Ave

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 permit 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:			RESPONDENT:
Department of Environmental Management			ABCS Contractors, Inc.
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
Date:			Date:
			COUNSEL FOR RESPONDENT:
			By:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2019.
			For the Commissioner
			Signed on January 2, 2019
			Matthew Stuckey, Deputy Assistant Commissioner
			Office of Air Quality
			Indiana Department of Environmental Management