STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

CIRCLE BLOCK FUNDING, INC.,,
HUNT CONSTRUCTION GROUP, INC., and
CHARLIER CLARK & LINARD, PC,

Respondent.

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Case Nos.          2006-15431-W
                            2006-15432-W and
                            2006-15433-W



 

AGREED ORDER

 

The Complainant and the Respondents 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.  Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.  Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which the Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this 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 Indiana Code (“IC”) 13-13-1-1.

 

2.                  The Respondents are Circle Block Funding, Inc. (“Respondent Circle Block”, Case No. 2006-15431-W),  Hunt Construction Group, Inc. (“Respondent Hunt, Case No. 2006-15432-W”), and Charlier Clark & Linard, PC (“Respondent Charlier, Case No. 2006-15433-W”).  Respondent Circle Block owns the property located at 50 W. Washington Street, Indianapolis, Marion County, Indiana (“Site”) which is the location of the Conrad Hilton Hotel construction project.  Respondent Hunt is the project manager for construction at the site.  Respondent Charlier is the design engineer involved with modification of the sewer.   The Respondents were responsible for the relocation of parts of the existing sewers and included installation of 8 lineal feet of 15-inch diameter PVC and 239 lineal feet of 18-inch diameter ductile iron gravity sanitary sewer at the site.  The new sanitary sewer was to be connected to an existing 96-inch diameter sewer at Washington Street, approximately 150 feet east of Illinois Street.

 

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, on April 12, 2006, a Notice of Violation (NOV) via Certified Mail to Circle Block Funding, Inc. and Corporation Service Company, Registered Agent, Hunt Construction Group, Inc. and CT Corporation System, Registered Agent, and Charlier Clark & Linard, PC and Gary Linard, Registered Agent.

 

5.                  A review of records pertaining to the Site was conducted by representatives of IDEM.  The violations described below were noted at the time of this record review and were cited in the NOV.

 

6.                  Pursuant to IC 13-30-2-1(7), a person may not construct, install, operate, or modify any equipment or facility of any type that may cause or contribute to pollution, or be designed to prevent pollution, without prior approval of the department.

 

7.                  Pursuant to 327 Indiana Administrative Code (“IAC”) IAC 3-2-1.5, no person shall cause or allow the construction, installation, or modification of any water pollution treatment/control facility or sanitary sewer, without a valid construction permit issued by the commissioner.

 

8.                  The Respondents caused the construction of the relocation of the sanitary sewer at the site in the area of the basement level parking construction prior to the issuance of a valid construction permit by the commissioner, in violation of IC 13-30-2-1(7) and 327 IAC 3-2-1.5.

 

9.                  Pursuant to 327 IAC 3-2-2(d), construction shall not commence until all necessary state approvals and permits are obtained.

 

10.             The Respondents allowed the commencing of construction of the above referenced sewer relocation on or about April 2004, prior to obtaining all necessary state approvals and permits, in violation of 327 IAC 3-2-2(d).

 

11.             In recognition of the settlement reached, the Respondents waive 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 Respondents.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  The Respondents shall comply with all applicable provisions of the IC and IAC, including but not limited to, IC 13-30-2-1(7), 327 IAC 3-2-1.5 and 327 IAC 3-2-2(d).

 

3.                  The Respondents are jointly assessed a civil penalty of Seven Thousand Dollars ($7,000).  Said penalty amount shall be due and payable to the Environmental Management Special Fund.

 

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

 

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50-10C

100 N. Senate Avenue

Indianapolis., IN  46204-2251

 

5.                  In the event that the civil penalty required by Order Paragraph 3 is not paid when due, the Respondents 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 Respondents, their successors, and assigns.  The Respondents’ 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 Respondents 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 Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.  The Respondents shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

 

9.                  The Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the Respondents’ compliance with any aspect of this Agreed Order will result in compliance with the provisions of the Clean Water Act, any permit or state law.

 

10.             This Agreed Order shall remain in effect until the Respondents have complied with all terms and conditions of Section II, Paragraphs 3 through 5 of this Agreed Order and IDEM issues a close-out letter to the Respondents.

 

 

The remainder of this page is intentionally left blank.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Circle Block Funding, Inc.

 

By:

 

 

By:

 

 

Mark W. Stanifer

 

Printed:

 

 

Section Chief, Water 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 May 17, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement