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. 2004-13949-A
					)
MJ INVESTMENTS LLC,					)
					)
	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 MJ Investment LLC (Respondent), which owns the building located at 101 East Mishawaka Avenue, in Mishawaka, St. Joseph, Indiana (Site).

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

4. Pursuant to IC 13-30-3-3, on November 1, 2004, IDEM issued a Notice of Violation via Certified Mail to:

Michael Anderson	Frank J. Agostino, Registered Agent
MJ Investments LLC	MJ Investments LLC
131 South Taylor St.	120 W Lasalle Ave.
South Bend, IN 46601	South Bend, IN 46601

5. Inspections, on September 15, 2003 and September 16,2003, were conducted at the Site by a representative of IDEM’s Office of Air Quality. The following violations were observed at the time of these inspections:

a. Pursuant to 326 IAC 14-10-1, the owner or operator of a demolition or renovation activity is required to 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.

The IDEM inspector noted that the Respondent failed to have an Indiana licensed inspector inspect the site prior to engaging in an activity that could disturb asbestos, a violation of 326 IAC 14-10-1.

b. Pursuant to 326 IAC 14-10-3, each owner or operator of a demolition or renovation activity is required to provide written notification to IDEM at least ten (10) working days before any activity begins that could disturb asbestos.

The IDEM inspector noted that the Respondent failed to provide IDEM with a notification, a violation of 326 IAC 14-10-3.

c. 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).

d. 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 visible contamination of asbestos was not collected after the asbestos project was completed, a violation of 326 IAC 14-10-4(9).

e. 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 a final visual inspection of the work area was not performed to ensure the work area is free of all visible asbestos debris, a violation of 326 IAC 14-10-4(10).

f. Pursuant to 326 IAC 14-10-4(11), any stripped, disturbed, or removed friable asbestos materials must be stored securely to prevent access to the material by unauthorized persons.

The IDEM inspector observed asbestos material not being stored securely, a violation of 326 IAC 14-10-4(11).

g. Pursuant to 326 IAC 14-10-4(13), no asbestos removal project shall be implemented at a facility unless at least one (1) Indiana licensed asbestos project supervisor, trained in the provisions of this rule and 40 CFR 61, Subpart M, and a means of complying with them, is present at the work site in the work area during the asbestos removal project.

The IDEM inspector noted that this asbestos project was not implemented in the presence of a licensed supervisor, a violation of 326 IAC 14-10-4(13).

h. Pursuant to 326 IAC 18-1-3(a)(5), no person shall implement an asbestos project at a facility without current licensing by IDEM.

The IDEM inspector noted that this asbestos project was not implemented by currently licensed persons, a violation of 326 IAC 18-1-3(a)(5).

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 the Complainant or his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with rule requirements, which Respondent was found to be in violation; as cited under “Findings of Facts”.

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

Kristopher M. Grinnell, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015

4. Respondent is assessed a civil penalty of Six Thousand Seven Hundred Fifty Dollars ($6,750.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

5. Civil penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:

Cashier
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by Order paragraph No. 4 is not paid within thirty (30) days 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.

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 has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			MJ Investments LLC
By:			By:
	David P. McIver		Printed:
	Chief, Air Section		Title:
	Office of Enforcement
Date:			Date:
COUNSEL FOR COMPLAINANT:			COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:			By:
	Office of Legal Counsel
Date:			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 200	.
			For The Commissioner:
			Signed on March 23, 2005
			Matthew T. Klein
			Assistant Commissioner
			for Compliance & Enforcement