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. 2003-12708-W
)
PORTRAIT HOMES L.L.C., )
)
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 Portrait Homes L.L.C. (ARespondent@), which constructed the Park Side Sanitary Sewer (Project No. M-14486) located in Indianapolis, Marion County, Indiana.
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:
Portrait Homes L.L.C. Tina Pasquinelli
6880 N. Frontage Rd. Portrait Homes L.L.C.
Suite 100 8250 Haverstick Road
Burr Ridge, Illinois 60527 Suite 110
Indianapolis, Indiana 46240
Portrait Homes L.L.C.
C.T. Corporation System, Registered Agent
36 S. Pennsylvania Street
Suite 700
Indianapolis, Indiana 46204
5. 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, including a sanitary sewer, without a valid construction permit issued by IDEM.
6. An investigation by an IDEM representative revealed that the Park Side sanitary sewer project, located on the east side of Georgetown Road between 52nd Street and 47th Street, then continuing south to the north side of Interstate 65, in Indianapolis, Indiana, was constructed by the Respondent in September of 2002. IDEM issued a construction permit for the project (Park Side Sanitary Sewer Permit Approval No. 15438), on October 28, 2002. Therefore, the record review indicated that construction of the Park Side sanitary sewer project occurred prior to the issuance of the construction permit by IDEM, in violation of 327 IAC 3-2-1.
7. The Respondent submitted a construction permit application on June 17, 2002, with additional information submitted on June 21, 2002, and September 3, 2002. IDEM issued a construction permit for the Park Side Sanitary Sewer (Permit Approval No. 15438) on October 28, 2002. Subsequent to the issuance of the construction permit, IDEM discovered that construction of the Park Side sanitary sewer project was constructed in September of 2002, prior to the issuance of the construction permit. The Respondent submitted the "As-Built" plans and specifications for the Park Side Sanitary Sewer on December 4, 2002, with additional information received by IDEM on January 14, 2003. On January 30, 2003, IDEM sent notification to the Respondent that a construction permit could not be issued for the Park Side "As-Built" Sanitary Sewer. However, the notification indicated that, if the conditions specified in the notification were met, IDEM had no objection to the use of the sewers.
8. 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.
2. Respondent shall comply with 327 IAC 3-2-1.
3. Respondent is assessed a civil penalty of Seven Thousand Dollars ($7,000). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
4. The civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:
Cashier
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
5. In the event that the civil penalty required by Order paragraph 3 is not paid within 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.
6. This Agreed Order shall apply to and be binding upon the Respondent, its successors 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.
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 Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.
9. This Agreed Order shall remain in effect until the Respondent has complied with the terms and conditions of Paragraphs 3 through 5 of this Agreed Order and IDEM issues a "close out" letter to the Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Manag Department of Environmental Management Portrait Homes L.L.C.
By: _________________________ By: _________________________
Mark W. Stanifer, Chief
Chief, [Section] Water Enforcement Section Printed: ______________________
Office of Enforcement
Chief, [Section] Title: ________________________
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 ___________, 2003.
For the Commissioner:
__Signed 6/6/03___
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs