STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2001-10229-A

)

CLEAN AIR SYSTEMS, INC., )

)

Respondent. )

AGREED ORDER

The Complainant and the 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.

I. FINDINGS OF FACT

1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Clean Air Systems, Inc. ("Respondent"), who implemented an asbestos abatement project located at Brunswick Elementary, in Gary, Indiana ("Site").

3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.

Agreed Order 2001-10229-A

Clean Air Systems, Inc.

Page 2

4. Pursuant to IC 13-30-3-3, On May 17, 2001, IDEM issued a Notice of Violation via Certified Mail to:

Rick Cavinder, General Manager Virgil J. Cavinder, Registered Agent

Clean Air Systems, Inc. Clean Air Systems, Inc.

3702 Sample Street, Suite 2233 52358 Portage Road

South Bend, Indiana 46619 South Bend, Indiana 46628

• An inspection, on January 2, 2001, was conducted at the Site by a representative of IDEM's Asbestos/Lead Section. The following violations were in existence or observed at the time of this inspection:

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 owner/operator 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).

6. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

Agreed Order 2001-10229-A

Clean Air Systems, Inc.

Page 3

II. ORDER

1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

• Respondent shall comply with 326 IAC 14-10-4(6)(A), by adequately wetting, properly handling, and disposing of to ensure asbestos fibers will not be released during or after removal to comply with Emission Standards for asbestos; demolition and renovation operations pursuant to 326 IAC 14-10.

3. Respondent shall comply with 326 IAC 14-10-4(9), by collecting visible contamination of asbestos on pipes, ductwork, pipe threads, on and/ or under equipment, and the nominal pieces on the ground in the building. Respondent shall dispose of all asbestos containing material in a legal manner. Respondent shall collect all visible contamination of asbestos upon the completion of future removal operations.

4. Respondent is assessed a civil penalty of Five Thousand Dollars ($5,000). The civil penalty shall be paid in the following manner: one year payment plan consisting of eleven (11) monthly installments of Four Hundred Sixteen Dollars and sixty-six cents ($416.66), and one (1) monthly installment of Four Hundred Sixteen Dollars and seventy-four cents ($416.74). Said penalty amount shall be due and payable to the Asbestos Trust Fund. The first installment shall be made within 30 days of the Effective Date of this Agreed Order, all following installments are due no later than the 30^th of each month thereafter until paid in full.

5. Civil penalties are payable by check to the Asbestos Trust Fund. Checks shall include the case number (2001-10229-A) of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by Order paragraph 4, is not paid within six (6) months of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

Agreed Order 2001-10229-A

Clean Air Systems, Inc.

Page 4

7. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

8. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.

9. The 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 shall remain in effect until Respondent complies with all applicable requirements of this agreed order .

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Clean Air Systems, Inc.

By: _________________________ By:

David P. McIver

Chief, Air Enforcement Section

Office of Enforcement Printed:

Title:

Date: ________________________ Date:

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: _________________________ By:

Jay Rodia

Office of Legal Counsel

Department of Environmental Management

Date: _______________________ Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2001.

For the Commissioner:

SIGNED DECEMBER 3, 2001

___________________________

Felicia A. Robinson

Deputy Commissioner

For Legal Affairs