Document Lg5XYrNMp2bxokkvBmMvQd94b
TDH :fhem:h
Texas Department of Health
Patti J. PatterM'n. M D . M.P.H Commissioner
Randy P. Washington Deputy Commissioner tor Health Care Financing
1 LOO West 49th Street Austin, Texas 78756-3199
(512) 458-7111
April 9, 1997
Carol S. Daniels Deputy Commissioner for Programs
Roy L. Hogan Deputy Commissioner for Administration
Mr. Andrew F. Jackson Union Carbide Corporation 3301 5th Avenue South Texas City, Texas 77592-0471
Re: In the Matter of administrative penalties on Union Carbide Corporation Docket #. D725-1997-0008
Dear Mr. Jackson:
Enclosed please find the Order and Findings of Fact sign 1 by the Commissioner of Health pertaining to the above ma' er. All corn, -pondence and payments should be addressed to Texas Department of Health, do Horace Edison, Asbestos Program at the above address. Please include Budget ft 7C790-001 on check to receive credit promptly. If you should have any questions, Mr. Edison can be reached at (512) 834-6600 or (800) 572-5548.
Sincerely,
Diana Wells Legal Secretary
Attachment
cc: Horace Edison - TDH Asbestos Program Marti Moehlmann - Hearing Examiner's Ofc.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this letter along with copies of the er' tosed referenced documents were sent by l'.S.mail
to Mr. Andrew F. Jackson, Union Carbide Corp. 3301 5th Ave., Texas City, Tx. 77592-0471, the
day of '(_/* ,v 11. _ 1997.
OGCSS.DOC*',
ON) S-O
Diana Wells, Lcg.d Sectciury Office of General Counsel
http: //www. tdh. state, tx. us An Equal Employment Opportunity Employer
UCTC 17655
t
DOCKET NO. D-725-1997-0008
IN THE MATTER OF UNION CARBIDE CORPORATION TEXAS CITY, TEXAS
BEFORE THE TEXAS DEPARTMENT OF HEALTH
AUSTIN, TEXAS
AGREED ORDER
The undersigned Commissioner of Health, having reviewed and considered the information submitted in this matter, is of the opinion that an administrative penah^ be assessed against Union Carbi.A. Corporation in the amount of Five Hundred Dollars ($500.00), payable as herein Ordered. The penalty of Five Hundred Dollars ($500.00) is assessed for failure to provide a timely notification of asbestos related activities in violation of 25 TAC 295.61(c) and 40 CFR Part 61, Subpart M 61.145(b).
It is Ordered that Union Carbide Corporation, Texas Ciry, Texas, be assessed an administrative penalty in the amount of Five Hundred Dollars ($500.00), payable within 90 days of receipt of this Order. Union Carbide Corporation shall henceforth comply with all applicable laws, rules and regulations. Failure to comply will result in additional penalties. Findings of Fact and Conclusions of Law are attached hereto and made a part hereof for all purposes.
Done at Austin, Travis County, Texas, on the ij.d, day of
1997.
Pag/J. Patterson, M.D. Commissioner of Heabh Texas Department of Health
UCTC 17656
IN THE MATTER OF UNION CARBIDE CORPORATION FINDINGS OF FACT AND CONCLUSIONS OF LAW
Pocket No: D-7
I
Finding of Fact No. 1:
On September 16, 1996, the Asbestos Programs Branch of the Texas Department of Health received a notification form for the demolition/renovation project at Union Carbide Corporation, 3301 5th Avenue South, Texas City, Texas. The notification form was postmarked September 10, 1996, and the scheduled start date for the project was September 23, 1996. It was determined that Union Carbide Corporation had failed to submit timely notification of asbestos related activities in violation of 25 TAC 295.61(c) and 40 CFR Part 61, Subpart M 61.145(b). Written notification must be received at least 10 working days before the start of the project.
Eiflding-ofJ.actNo_._2i
By Certified Letter #900-983 dated December 4, 1996, Claren J. Kotrla, Director of the Toxic Substances Control Division, notified Union Carbide Corporation of the Division's intent to assess an administrative penalty in the amount of One Thousand Dollars ($1,000.00). The proposed violation was classified as a serious violation, severity level II, first occurrence, pc-i.alty of One Thousand Dollars ($1,000.00) per day. The notification was in violation for one day.
Finding of Fact No. 3:
On December 18, 1996, a settlement conference was held to discuss the proposed administrative penalty. Those in attendance were Horace Edison for the Program and Andrew Jackson for Union Carbide Corporation. A settlement was reached to reduce the administrative penalty to Five Hundred Dollars ($500.00) based on evidence that Union Carbide Corporation was a first-time violator and showed good faith efforts to comply.
Findrng of Fact No. 4:
The particular reason for assessing an administrative penalty in the amount of Five Hundred Dollars ($500.00) on Union Carbide Corporation is for failure to provide timely notification of asbestos related activities in violation of 25 TAC 295.61(c) and 10 CFR Part 61, Subpart M 61.145(b). This is a final disposition of all violations at the site with respect to Union Carbide Corporation.
Conclusion of Law No. 1:
All procedural requirements relative to notice, hearing and due process of law were n--t.
Conclusion of Law No. 2:
Union Carbide Corporation failed to comply with the provisions of 25 TAC 295.61(c) and 40 CFR Part 61, Subpart M 61.145(b).
Conclusion of Law No. _3:
On the basis of the evidence and the findings of fact, assessing the administrative penally' of Five Hundred Dollars ($500.0 on Union Carbide Corporation is the right and proper remedy.
UCTC 17657