STATE OF INDIANA

COUNTY OF MARION

)
)
)


SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

MARY ALYCE KING,

Respondent.

)
)
)
)
)
)
)
)
)
)






Case No. 2003-13731-W

 

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, a department of the State of Indiana created by IC 13-13-1-1.

 

2.                  Respondent is Mary Alyce King ("Respondent"), who owns and constructed the Kingsford Court sanitary sewer project (Project No. M-15618X) located in Cedar Lake, Lake County, Indiana.

 

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

 

4.                  Pursuant to IC 13-30-3-3, on January 26, 2005, IDEM issued a Notice of Violation via Certified Mail to:

Mary Alyce King, Owner
Kingsford Court Sanitary Sewer
14220 King Drive
Cedar Lake, Indiana  46303

 

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 sanitary sewer project at the Site was constructed by the Respondent.  The construction started on October 14, 2003, or October 15, 2003 and was completed on November 3, 2003 without a valid construction permit.  Specifically, the record review indicated:

On September 19, 2003, IDEM received a submittal intended to be plans, specifications, and a construction permit application for the sanitary sewer project at the Site.

On October 9, 2003, IDEM sent a letter notifying the Respondent that the application had been found to be deficient.

On October 20, 2003, IDEM received a submittal in response to the October 9, 2003 deficiency notification which included the required mailing labels for the potentially affected parties list.

On October 29, 2003, IDEM issued the Construction Permit (Approval No. 16214) for the Kingsfield Court Sanitary Sewer.

On November 6, 2003, IDEM received notification from a person on the potentially affected parties list that indicated that construction of the sanitary sewer project at the Site had been initiated prior to the issuance of the Construction Permit.

On November 7, 2003, IDEM conducted a phone conversation with a representative of the Town of Cedar Lake, during which IDEM was informed that construction of the Kingsfield Court Sanitary Sewer project had begun on October 14, 2003 or October 15, 2003 and construction was finished on November 3, 2003.

On November 7, 2003, IDEM contacted the Applicant for the Kingsfield Court Construction Permit Application, and the Applicant confirmed that the construction of the Kingsfield Court Sanitary Sewer project had begun on October 14, 2003 or October 15, 2003 and construction was finished on November 3, 2003.  IDEM informed the Applicant and the Project Engineer that "As-Built" plans and another application package needed to be submitted in order for IDEM to determine if IDEM could issue a "Non-Objection-Letter" for the project.

On March 5, 2004, IDEM received "As-Built" plans and specifications for the Kingsfield Court Sanitary Sewer project (Project No. M-15618X).

On March 25, 2004, IDEM sent a letter notifying the Respondent that a Construction Permit could not be issued for the sanitary sewer project at the Site because the construction had started prior to issuance of the permit.  However a cursory review of the plans and specifications by IDEM indicated that they appeared to be acceptable, and IDEM had no objection to the use of the sewers provided that conditions specified in the letter were met.

Therefore, the record review indicates that construction of the sanitary sewer project at the Site occurred prior to the issuance of the construction permit by IDEM, in violation of 327 IAC 3-2-1.

 

7.                  On April 22, 2005, the Respondent's representative submitted information in response to the above referenced Notice of Violation.  The submittal advised IDEM that the Respondent is an 82 year old widow with limited financial resources who is not a professional developer.  This was her first and only sewer construction project.  Furthermore, IDEM recognizes that the sewer that was constructed prior to the issuance of a valid construction permit involved approximately only 323 feet of 8-inch diameter sewer to provide service for three single-family homes with an expected total average flow of 930 gallons per day.

 

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 his 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 Eight Hundred Dollars ($800).  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:

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 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.

 

 

            Remainder of this page intentionally left blank.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Mary Alyce King

 

By:

 

 

By:

 

 

Mark W. Stanifer, Chief

 

Printed:

 

 

Water Enforcement Section

 

Title:

 

 

Office of Enforcement

 

 

 

 

Date:

 

 

Date:

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

 

 

By:

 

 

By:

 

 

Joseph H. Merrick, Attorney

 

 

 

 

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 June 3, 2005

 

Matthew T. Klein

 

Assistant Commissioner

 

of Compliance and Enforcement