STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2001-10177-W

)

CITY OF LAWRENCEBURG, )

)

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 (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is the City of Lawrenceburg (ARespondent@), which owns the sanitary sewer system located at Charles A. Labble Drive in the Lawrenceburg Industrial Park, Lawrenceburg, Dearborn County, Indiana (the ASite@).

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

 

 

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

The Honorable Paul Tremain, Sr., Mayor

City of Lawrenceburg

405 Main Street

Lawrenceburg, Indiana 47025

    1. Pursuant to 327 IAC 3-2-1, 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.
    2. Pursuant to 327 IAC 3-2-2(d), construction shall not commence until all necessary state approvals and permits are obtained.
    3. Respondent allowed the construction of the Lawrenceburg Industrial Park Sewer project to commence prior to the issuance of a construction permit by IDEM, in violation of 327 IAC 3-2-1 and 327 IAC 3-2-2(d).
    4. 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.
    1. Respondent shall comply with rule 327 IAC 3-2. Within sixty (60) days of the Effective Date of this Agreed Order, Respondent shall submit to the IDEM Office of Water Management Facility Construction Section a complete application for review of as-built plans and specifications for the Site sanitary sewer system. Respondent shall include the results of the required pressure tests of the sewers installed at the site. Respondent shall respond to any IDEM notice of deficiencies and/or comments concerning Respondent=s as-built information in a timely manner to assure resolution of any IDEM comments within sixty (60) days of receipt of notice of deficiencies.
    2. If IDEM=s review of the as-built information reveals that the sanitary sewer project was not constructed according to the design requirements of 327 IAC 3, Respondent shall, within forty-five (45) days of receipt of notice from IDEM, apply for a construction permit to reconstruct and correct the deficiencies of the sanitary sewer system. Respondent shall complete any necessary reconstruction within one hundred twenty (120) days of receipt of IDEM approval of the reconstruction plans and specifications.
    3. Respondent is assessed a Civil Penalty of One Thousand Nine Hundred Dollars ($1,900). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.
    4. In the event the following terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:

      5. VIOLATION PENALTY

      Paragraph 2 $500 per week for failure to submit the complete as-built application for review, or to respond to any notice of deficiencies in the time requested by the IDEM Facility Construction Section.

      Paragraph 3 $1000 per week for failure to comply with schedule if notice is given by IDEM for modification of the site sewer system.

    5. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of assessment of the stipulated penalty given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent's violation of this Agreed Order, or Indiana law, including but not limited to civil penalties pursuant to IC 13-30-4.
    6. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46207-7060

8. In the event that the civil penalty required by Order paragraph 4 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.
    1. 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.

10. 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.
    1. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights to the project 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.

    1. This Agreed Order shall remain in effect until Respondent has complied with the requirements of paragraphs 2 through 4 of this Agreed Order and Complainant issues a Resolution of Case letter.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TECHNICAL RECOMMENDATION RESPONDENT

Department of Environmental Management

By: _________________________ By: _________________________

Mark W. Stanifer, Chief

Water Enforcement Section Printed: _____________________

Office of Enforcement Title: ______________________

Date: ___________________ Date: ______________________

 

 

COUNSEL FOR COMPLAINANT COUNSEL FOR RESPONDENT

Department of Environmental Management

By: _________________________ By: _________________________

Sierra L. Cutts

Office of Legal Counsel

Date: _______________ Date: _______________

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _______ DAY OF _______________________, 2001.

 

For the Commissioner:

 

__(signed 4/12/01)______

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement