STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. CIRCLE BLOCK FUNDING,
INC.,, Respondent. |
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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
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
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 |
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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.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Circle Block Funding, Inc. |
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Mark W. Stanifer |
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Section Chief, Water Section |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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Office of Legal Counsel |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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For The Commissioner: |
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Signed on May 17, 2006 |
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Matthew T. Klein |
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Assistant Commissioner for |
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Compliance and Enforcement |
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