Issued: Pen: Red: RPen: DD:

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1 CERTIFIED MAIL RECIEPT NO RETURN RECIEPT REQUESTED COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION INDOOR ENVIRONMENT PROGRAM COMPLIANCE DETERMINATION LETTER In the matter of: Che Ramirez 3324 S Field St., Apt 153 Lakewood, CO Issued: Pen: Red: RPen: DD: This Compliance Determination Letter ( Compliance Determination ) is being issued by the Colorado Department of Public Health and Environment through the Air Pollution Control Division ( Division ), to Che Ramirez pursuant to the Division s authority under section , C.R.S. I. FINDINGS OF FACT 1. This Compliance Determination is being issued by the Division as a follow-up to a routine compliance inspection conducted by Jeff Adams, a duly delegated representative of the Division, at Mr. A. Knapp s house located at 122 S. Whitcomb Street, Fort Collins, Colorado (the Premises ). 2. Mr. Ramirez operates as a supervisor under ID# in accordance with Regulation No. 8, Part B, Section II.A.1. On April 4, 2012, Colorado Hazardous Environmental ( CHE ), Mr. Ramirez employer, applied for a permit from the Division, which issued Asbestos Abatement Permit No. 12LR1310A on April 10, 2012, to conduct asbestos abatement at the Premises. Permit No. 12LR1310A specified that the work dates for the abatement project would be from April 5 through 12, 2012, and listed the supervisor as Jose Pineda, ID No. 9896, not Mr. Ramirez. 3. On or before April 4, 2012, a previous owner of the property gutted many parts of the second floor to the studs, impacting suspect asbestos-containing material ( ACM ) in the process. Subsequently, the house went into foreclosure, and Mr. Knapp purchased it with the intent of demolishing the house and rebuilding a new one in its place. An inspection for asbestos determined that a major asbestos spill was present on the second floor, but that the first floor was free of contamination. 4. On April 6, 2012, Mr. Adams conducted an inspection of the Premises, and discovered the Page 1 of 7

2 following: Mr. Ramirez, asbestos abatement supervisor ID No , and owner of CHE, was on site as the only person working, and was in the process of establishing critical barriers to delineate the asbestos spill; Mr. Ramirez was on the contaminated side of the critical barriers in his street clothes and with no respiratory protection as he installed poly over a door to the living room and a door to the outside, both of which led to the second floor; negative air machines were present on the second floor however, they were not turned on; a portable shower was present on the first floor, but had not been erected; no ACM removal had occurred at the premises at the time of this inspection; a box truck being used by Mr. Ramirez was parked out back, with its rear door open and the contents visible from the house; several dozen ACM waste bags filled approximately 25% of the back of the truck; no waste generator labels were present on any of the bags; of approximately 20 bags on the surface, only 2 could be found to contain any evidence of moisture; many of the bags had holes in them and suspect ACM was present on the floor poly lining of the truck; and suspect ACM was present on tape attached to some of the bags. 5. Pictures were taken of the areas in question, and a sample was collected of the suspect ACM on some tape in the truck. The sample was analyzed via PLM analysis at DCM Science Laboratory, Inc., and was found to contain a trace of chrysotile asbestos in a white concrete plaster clear mastic material. 6. Pursuant to the above Findings of Fact, the Division issued a Notice of Alleged Violation ( NOAV ) to Mr. Ramirez, alleging violations of Regulation No. 8, Part B, Sections III.J.1.a., III.K.2.a., b. & c., III.O.1.a.(i).(A)., III.O.1.a.(ii) and III.O.1.a.(iii), III.R.2.a., III.R.2.d., and NESHAP Sections (a)(1)(v) and (d)(1)(i), (ii), (iii), (iv), (v), (vi), (vii) and (viii) as described. The NOAV letter scheduled an informal conference to provide Mr. Ramirez with an opportunity to present data, arguments, and other information concerning the alleged violations. 7. At the conference, which was changed to a Compliance Advisory Meeting ( CAM ), held at the Division s offices on September 13, 2012, Steve Fine, Laura Shumpert and Jeff Adams represented the Division. Mr. Ramirez represented CHE and himself. 8. Mr. Ramirez presented information at the CAM demonstrating that the allegations were essentially correct as spelled out in the NOAV letter, but that he had every intention of conducting the project in compliance with Colorado Regulation No. 8; however, several circumstances impacted decisions made by Mr. Ramirez, which allowed these mistakes to happen: He was under tight financial pressures at the start of this project due to a previous project that had gone way over budget; He was required to start the project on April 6, 2012, or face losing the project; and his work force failed to show up as scheduled, leaving Mr. Ramirez to work on the project alone. II. CONCLUSIONS OF LAW 9. On April 6, 2012, Mr. Ramirez failed to ensure that its employees operate negative pressure air filtration units from the time of barrier construction, in violation of Regulation No. 8, Part B, Section III.J.1.a., which states: Page 2 of 7

3 Negative pressure air filtration units shall be operated continuously from the time of barrier construction through the time that acceptable Final Clearance Air Monitoring results are obtained in accordance with subsection III.P. 10. On April 6, 2012, Mr. Ramirez failed to ensure that its workers enter and exit a work area properly, in violation of Regulation No. 8, Part B, Sections III.K.2.a., b. & c., which state: III.K.2. Entry and Exit The following procedures shall be used for work area entry and exit unless there is an emergency situation immediately dangerous to life or health: III.K.2.a. All personnel and authorized visitors shall enter and exit the work area through the Worker decontamination unit and not the waste load-out. III.K.2.b. All personnel shall don disposable coveralls, head covering and foot covering prior to entering the work area. To prevent contamination from leaving the work area, disposable coveralls in sizes adequate to accommodate movement without tearing shall be worn by all personnel entering the work area. The coveralls (Tyvek or other material equally effective in preventing gross ACM from contacting the individual s body) shall include head and foot covers (unless head and foot covers are provided separately). III.K.2.c. Before leaving the work area, all personnel shall remove gross contamination from the outside of respirators and dispose of protective clothing in containers labeled for disposal in accordance with subparagraph III.R.2.b. (Labeling). Personnel shall proceed to the shower area and then shower and shampoo to remove residual asbestos contamination. After showering, personnel shall proceed to the clean room. 11. On or before April 6, 2012, Mr. Ramirez failed to adequately wet ACM before removal is attempted and keep all waste adequately wet with amended water until bagged for disposal for the ACM waste in the truck, in violation of Regulation No. 8, Part B, Sections III.O.1.a.(i).(A)., III.O.1.a.(ii) and III.O.1.a.(iii), which state: Amended water shall be used to adequately wet asbestos-containing materials before removal is attempted. All waste shall be kept adequately wet with amended water until bagged for disposal. 12. On or before April 6, 2012, Mr. Ramirez failed to dispose of ACM properly by having breeches in the waste bags and not having the waste adequately wet, in violation of Regulation No. 8, Part B, Section III.R.2.a., which states: Page 3 of 7

4 Seal all asbestos-containing waste material in leak-tight containers while wet and label the containers in accordance with subsection III.R.2.b. Appropriate containers and procedures shall be used to prevent all breakage, rupture or leakage during loading, shipping, transportation and storage of asbestos-containing waste material. 13. On or before April 6, 2012, Mr. Ramirez failed to prevent visible emissions by allowing suspect ACM to be outside of waste bags in the truck, in violation of Regulation No. 8, Part B, Section III.R.2.d., which states: Discharge no visible emissions during the collection, processing (including incineration), packaging, transportation, or deposition of any ACWM generated by the source. 14. On or before April 6, 2012, Mr. Ramirez failed to label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated, in violation of NESHAP Section (a)(1)(v), which states: For asbestos-containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated. 15. On or before April 6, 2012, Mr. Ramirez failed to maintain waste shipment records for the waste that was transported from another abatement site, in violation of NESHAP Sections (d)(1)(i), (ii), (iii), (iv), (v), (vi), (vii) and (viii), which state: (d) For all asbestos-containing waste material transported off the facility site: (1) Maintain waste shipment records, using a form similar to that shown in Figure 4, and include the following information: (i) The name, address, and telephone number of the waste generator. (ii) The name and address of the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program. (iii) The approximate quantity in cubic meters (cubic yards). (iv) The name and telephone number of the disposal site operator. (v) The name and physical site location of the disposal site. (vi) The date transported. (vii) The name, address, and telephone number of the transporter(s). (viii) A certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations. III. ORDER Page 4 of 7

5 Based on the foregoing Findings of Fact and Conclusions of Law, and pursuant to section , C.R.S., Mr. Ramirez is hereby ordered to comply with Regulation No. 8, Part B, Sections III.J.1.a., III.K.2.a., b. & c., Sections III.O.1.a.(i).(A)., III.O.1.a.(ii) and III.O.1.a.(iii), III.R.2.a., III.R.2.d., and NESHAP Sections (a)(1)(v) and (d)(1)(i), (ii), (iii), (iv), (v), (vi), (vii) and (viii) in future projects. This Compliance Determination shall constitute a final order of the Division. IV. CIVIL PENALTIES 16. After due consideration of those factors listed in section (4), C.R.S., the Division has assessed a civil penalty in the amount of Nine Thousand Two Hundred Seventy-Five Dollars ($9,275.00) against Mr. Ramirez for violations of Regulation No. 8, Part B, Sections III.J.1.a., III.K.2.a., b. & c., Sections III.O.1.a.(i).(A)., III.O.1.a.(ii) and III.O.1.a.(iii), III.R.2.a., III.R.2.d., and NESHAP Sections (a)(1)(v) and (d)(1)(i), (ii), (iii), (iv), (v), (vi), (vii) and (viii). 17. Due to Mr. Ramirez s prompt response to addressing the issues identified on April 6, 2012, and the excellent cooperation received by Mr. Ramirez, the Division is offering to suspend 50% of the assessed penalty, or Four Thousand Six Hundred Thirty-Seven Dollars and Fifty Cents ($4,637.50) for a period of three (3) years from the date the Compliance Determination is signed by Mr. Ramirez. If during the three year period, Mr. Ramirez does not violate any provisions of Regulation No. 8, Part B, then the suspended portion of the penalty shall be null and void. If however, during the three year period, Mr. Ramirez violates any provision of Regulation No. 8, Part B, the entire suspended portion of the penalty shall become immediately due and payable and shall be paid by Mr. Ramirez to the Colorado Department of Public Health & Environment and shall be sent to the attention of Mr. Steve Fine, Program Manager, Air Pollution Control Division, Colorado Department of Public Health and Environment, APCD-SS-B1, 4300 Cherry Creek Drive South, Denver, Colorado Payment of a civil penalty precludes further civil prosecution for the above-described violations against Mr. Ramirez. The Division retains its authority to take enforcement actions based on any and all violations not specifically described above. 19. The remaining civil penalty of Four Thousand Six Hundred Thirty-Seven Dollars and Fifty Cents ($4,637.50) shall be paid by Mr. Ramirez to the Colorado Department of Public Health and Environment, Air Pollution Control Division (CDPHE), in six installments: five (5) equal installments of Seven Hundred Seventy-Three Dollars ($773.00) due on the last day of each month beginning with October 31 st, 2012, with the final installment of Seven Hundred Seventy-Two Dollars and Fifty Cents ($772.50) due on March 30 th, The payments, payable to CDPHE, shall be sent to the attention of Mr. Steve Fine, Program Manager, Air Pollution Control Division, Colorado Department of Public Health and Environment, APCD-IEP-B1, 4300 Cherry Creek Drive South, Denver, Colorado All six checks, postdated, shall be submitted to Mr. Fine along with this signed document. 20. Since Mr. Ramirez has elected not to appeal the decision described above, by the signature below and returning a signed copy of this Compliance Determination, Mr. Ramirez accepts and agrees Page 5 of 7

6 to the above terms. In the event that Mr. Ramirez does not sign and return this Compliance Determination with payment within the appointed time frame, or fails to meet the requirements of this Compliance Determination, a formal Notice of Alleged Violation conference shall be scheduled and the offer for a reduced penalty shall be rescinded. By: Che Ramirez Date: V. NOTICE OF POTENTIAL LIABILITY FOR INJUNCTIVE RELIEF Section , C.R.S., states that in the event any person fails to comply with a final order of the Division, or the Commission, that is not subject to a stay pending administrative or judicial review, or in the event any person fails to comply with any term or condition contained in any permit required under Title 25, Article 7, C.R.S., the Division may request the Attorney General to bring suit for injunctive relief. VI. ISSUANCE DATE OF ORDER This Compliance Determination shall be considered issued upon mailing in accordance with section (15), C.R.S. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Garrison Kaufman, Deputy Director Air Pollution Control Division Steve Fine, Manager Indoor Environment Program Air Pollution Control Division cc: Jeff Adams, APCD Laura Shumpert, APCD Tom Roan, AGO Debi Budnik, Accounting, CDPHE Page 6 of 7

7 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION INDOOR ENVIRONMENT PROGRAM CERTIFICATE OF MAILING This is to certify that a signed copy of the Compliance Determination in the matter of Colorado Hazardous Environmental, Denver, Denver County, Colorado, was deposited in the mail on this day of 2012 to the following: 1. UNITED STATES POSTAL SERVICE, CERTIFIED MAIL NO Che Ramirez Legal Agent of Service for: Colorado Hazardous Environmental P.O. Box 8901 Denver, CO UNITED STATES POSTAL SERVICE, FIRST CLASS MAIL Colorado Hazardous Environmental Attn: Che Ramirez P.O. Box 8901 Denver, CO BY: Aaron Gutierrez, Administrative Assistant Page 7 of 7