STATE OF
) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CASE NO. 2004-13812-W
)
LANCIA HOMES, INC, a/k/a Springmill Woods, )
)
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 (hereinafter referred to as
"Complainant") of the Indiana Department of Environmental Management,
a department of the State of
2. The Respondent is Lancia Homes, Inc., a/k/a Springmill Woods ("Respondent"), which is the developer and owner of the Castlerock Subdivision sewers located 1/4 mile west of Hartzell and Seiler Road, south of Seiler Road near New Haven and Fort Wayne in Allen County, Indiana (the "Site").
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 a Notice of Violation on, via Certified Mail to:
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James J. Lancia, President |
Dennis Sutton, Registered Agent |
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Lancia Homes, Inc., a/k/a Springmill Woods |
Lancia Homes, Inc. |
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1000 |
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5. A records review was conducted by a representative of IDEM’s Office of Water Quality. The following violations were in existence at the time of this review:
Pursuant to 327 IAC
Pursuant to 327 IAC
6. The City of
7. 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
3. Respondent shall respond to any IDEM Facility Construction Section notice
of deficiencies and/or comments concerning Respondent’s as-built information
and construction permit application received by IDEM on
4. Respondent shall timely provide IDEM the results of the required pressure tests of the sewers installed at the site.
5. 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.
6. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
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Don Worley |
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IDEM, Facility Construction Section |
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and a copy of the transmittal letter to:
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Paul Cluxton, Enforcement Case Manager |
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IDEM, Office of Enforcement |
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7. The Respondent is assessed a civil penalty of Two Thousand Two Hundred ($2,200) Dollars. 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.
8. In the event the terms and conditions of the following Order paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:
Paragraph Violation
Penalty
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Order Paragraph 3 |
Failure to timely respond to any notice of deficiencies |
$500 per week late |
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Order Paragraph 4 |
Failure to timely submit the results of the required pressure tests of the sewers |
$500 per week late |
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Order Paragraph 5 |
Failure to timely comply with schedule if notice is given by IDEM for modification of the site sewer system. |
$1,000 per week late |
9. Stipulated penalties shall be due and payable within thirty (30) days
after the 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 any of the
stipulated penalties given above, the Complainant may seek any other remedies
or sanctions available by virtue of the Respondent's violation of this Agreed
Order, or
10. 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:
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Cashier |
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Indiana Department of Environmental Management |
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11. In the event that the civil penalty required by Order Paragraph 7 is not paid within thirty (30) days of the Effective Date of this Agreed Order, the 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.
12. 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 party 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.
13. 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.
14. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
15. The Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the Respondent's compliance with any aspect of this Agreed Order will result in compliance with the provisions of the Clean Water Act or state law.
16. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of Agreed Order Paragraphs 3 through 11, the IDEM Office of Water Quality has approved the as-built construction, and the IDEM Office of Enforcement issues a close-out letter to the Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: ______________________________ By: ______________________________
Mark W. Stanifer
Section Chief, Water Section Printed: _James J. Lancia_______________
Office of Enforcement Title: __President _________________
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 __________________________, 2004.
For The Commissioner:
__(Signed
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs