STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT OF

) SS: ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

Complainant, )

)

v. )

)

CENTER GROVE HIGH SCHOOL )

IMPROVEMENT BUILDING CORPORATION ) CASE NO. 2001-10747-W

)

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 ("Complainant") of the Indiana Department of Environmental Management ("IDEM"), a department of the State of Indiana created by IC 13-13-1-1.

2. The Respondent, Center Grove High School Building Improvement Corporation ("Respondent"), has developed a project area named Center Grove High School Outdoor Facilities Renovation, located at 2289 South Morgantown Road, Greenwood, in Johnson County, Indiana.

3. IDEM has jurisdiction over the parties and subject matter of this action.

 

 

 

 

 

 

 

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

Mr.Jerry Dunn, Business Manager

Center Grove High School Improvement Building Corporation

2929 S. Morgantown Rd.

Greenwood, IN 46143

5. Pursuant to 327 IAC 15-5-7(b), the following requirements for erosion control measures shall be met on the Site during the period when land disturbing activities occur:

a. Sediment-laden water shall be detained on-site by erosion control practices that minimize sedimentation in the receiving stream.

b. Appropriate measures shall be taken to minimize or eliminate wastes or unused building materials being carried from the site by run-off.

c. Sediment tracked from the site onto public or private roadways shall be minimized.

d. Public and private roadways shall be kept clear of accumulated sediment.
    1. All on-site storm drains shall be protected against sedimentation by appropriate and acceptable methods.
    2. Storm water drainage from adjacent areas that naturally pass through the site shall either be diverted from disturbed areas or the existing channel must be protected or improved to prevent erosion and sedimentation from occurring.
    3. Run-off from a disturbed area shall be controlled by either appropriate vegetative practices, the implementation of an erosion control plan that includes appropriate erosion control measures, or both.

6. Pursuant to 327 IAC 15-5-7(c), during the period of construction at the Site, all erosion control measures necessary to meet the requirements of this rule shall be maintained by the operator.

7. Based on site visits/inspections conducted by Indiana Department of Natural Resources (IDNR) and the Johnson County Soil and Water Conservation District (SWCD), the Respondent failed to assure that erosion control measures were implemented and maintained at the Site and to assure that off-site sedimentation did not occur during the period of construction activity from April 27, 2001 to September 25, 2001. Specifically, inspection report evaluations for the Site were unsatisfactory to marginal, when the above required conditions were observed, in violation of 327 IAC 15-5-7(b) and (c) .

8. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or

otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or

suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any

waters; any organic or inorganic matter that causes or contributes to a polluted

condition of any waters, as determined by a rule of the board adopted under

sections 1 and 3 of this chapter.

 

 

 

 

9. The Respondent caused or contributed to a polluted condition of waters of the state by allowing off-site sedimentation to reach Honey Creek and its tributaries, in violation of IC 13-18-4-5.

10. In recognition of the settlement reached, the 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.
  2. The Respondent shall comply with 327 IAC 15-5 by submitting a new erosion control plan prior to any additional earth disturbance and implementing and maintaining erosion control measures.

3. At any time any new land disturbance activity occurs, the Respondent shall inspect the Center Grove High School Improvement Building Corporation project sites on a weekly basis and after rainfall events to ensure that all erosion and sediment control measures are properly installed and maintained, including but not limited to: a) the proper sizing of sediment traps in relationship to the acreage they serve; b) strategic placement of small, filter stone facing in relationship to rip-rap at the sediment traps; c) proper silt fence installation and removal of accumulated sediment from behind silt fences and from storm inlets; d) assuring that conveyance channels and swales are stabilized; e) continued seeding and stabilization of all disturbed areas, and installing additional erosion control measures if determined necessary. The weekly inspections shall be maintained in a log for documentation and review purposes. These provisions shall remain in effect until the Respondent submits notification of completion of the construction activity as provided by 327 IAC 15-5-11 and IDEM approves the adequacy of the remaining erosion control measures as provided by 327 IAC 15-5-8(b).

4. The Respondent is assessed a Civil Penalty of Four Thousand Five Hundred Dollars ($4,500). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date.

5. 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:

Violation Penalty

Paragraph 3; $500 per week for failure to inspect the project site on a weekly basis and after rainfall events to ensure that all erosion and sediment control measures are properly maintained, including removing accumulated sediment from behind silt fences and from inlets, assuring that conveyance channels and swales are stabilized, and installing additional erosion control measures if determined necessary.
  1. 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.

7. 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 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.

9. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The 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 this 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.

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

12. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of paragraphs II. 2. through II. 8. Of this Agreed Order, and the Complainant issues a close-out letter.

 

 

 

 

 

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

By: _________________________ By: _________________________

Mark Stanifer, Section Chief Mr. Jerry Dunn, Business Manager

Office of Enforcement Center Grove High School Improvement Building Corporation

 

 

Date: _______________ Date: _______________

 

 

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: _________________________ By: ________________________

Office of Legal Counsel

Department of Environmental Management

Date: _______________ Date: _______________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _______________________ DAY OF ____________________, 2002.

 

 

FOR THE COMMISSIONER:

 

 

Signed 5/28/02

Felicia A. Robinson

Deputy Commissioner for Legal Affairs