STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,                )
                            )
            v.                ) CAUSE NO. A-4600(b) or 1999-3600-A
                            )
ELITE ENVIRONMENTAL SERVICES, 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 (hereinafter referred to as "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 Elite Environmental Services, Inc. (hereinafter referred to as "Respondent"), an asbestos abatement contractor licensed in the State of Indiana, located at 2321 Commercial Court in Evansville, Indiana.

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

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

        Sharon A. Braun, President            Stephan E. Weitzel        
        Elite Environmental Services, Inc.        Ziemer, Stayman, Weitzel & Shoulders
        P.O. Box 6405                20 N.W. First Street
        Evansville, Indiana 47719            Evansville, Indiana 47708

    5.    Respondent implemented an asbestos removal project at the Catholic Diocese of Evansville located in Evansville, Indiana prior to June 30, 1999, to which the requirements of 326 IAC 14-10 applied, pursuant to 326 IAC 14-10-1(c).

    6.     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) .

    7.    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).

    On June 30, 1999, an IDEM inspector observed violations of 326 IAC 14-10-4(9) and 326 IAC 14-10-4(10) at an asbestos removal project conducted by the Respondent. The IDEM inspector contacted the Respondent via telephone regarding the observed violations. The Respondent's General Manager, Jett Thomas, arrived at the site of the asbestos removal project within one hour of the IDEM inspectors call to the Respondent's office. J. Thomas surrounded the areas where the RACM was found with tape that stated "danger asbestos." J. Thomas informed the owner of the facility of the IDEM inspector's findings. The Respondent sent a clean up crew to the site of the asbestos removal project on the morning of July 1, 1999. The entire area of each room was cleaned using a hepa-vac. The clean up operation was completed on July 2, 1999. The clean up crew supervisor, Scott Herrell, performed a Final Visual inspection. Copies of the Final Visual inspection were forwarded to IDEM.    
    9.    The project supervisor for the asbestos removal project involved in the violations is William R. Staples, Indiana accreditation number 192201010.

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

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

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

    3.    Respondent is assessed a civil penalty of One Thousand Six Hundred Dollars ($1,600). Said penalty amount shall be due and payable to the Asbestos Trust Fund within thirty (30) days of the Effective Date of this Agreed Order.

    4.    Civil penalties are payable by check to the Asbestos Trust Fund. Checks shall include the Cause Number of this action and shall be mailed to:

            Cashier
            IDEM
            100 N. Senate Avenue
            P. O. Box 7060
            Indianapolis, IN 46207-7060

    5.    In the event that the civil penalty required by paragraph 3 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.

    6.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, 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.

    7.    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.

    8.    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.

    9.    This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions or this Agreed Order.

By:     _________________________        By: _________________________
    David P. McIver
    Chief, Air Section            
    Office of Enforcement            Printed: ______________________

                            Title: ________________________

Date: ________________________            Date: ________________________

COUNSEL FOR COMPLAINANT:            COUNSEL FOR RESPONDENT:
Department of Environmental Management

By: _________________________            By: ________________________
Office of Legal Counsel                
Department of Environmental Management

Date: _______________________            Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 199___.

                            For the Commissioner:
                            
                            A.O. Adopted May 30, 2000
                            ___________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

Converted by Andrew Scriven