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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. Clay township regional Respondent. |
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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.
1.
The Complainant is the Commissioner (“Complainant”) of the
Indiana Department of Environmental Management, a department of the State of
2.
The Respondent is Clay Township Regional Waste District
(“Respondent”), which owns and operates the sanitary sewer construction
extension project having its main office located at
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, on July 18, 2006, IDEM issued a
Notice of Violation via Certified Mail to the Respondent at the address below:
Andrew Williams, Utility Director
Clay Township Regional Waste District
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 or sanitary sewer, without a valid construction
permit issued by the commissioner.
6.
Pursuant to 327 IAC 3-2-2(d), construction shall not
commence until all necessary state approvals and permits are obtained.
7.
On or about November 11, 2004, the Respondent
submitted a construction permit application for the construction of a sanitary
sewer extension project at the Site. As
stated in the Respondent’s construction permit application and in the permit
issued by IDEM, “The scope of the project included the installation of
approximately 1,955 feet of 16-inch diameter and 144 linear feet of 12-inch
diameter PVC (SDR 21 ASTM D 2241) force main.
The 12-inch force main was to be installed by bore and jack method
across US Highway 421, and capped upstream for future connection to lift
station No.16 (or Presbyterian Church lift station) and will be connected to
the existing 16-inch force main at the US Highway 421 right of way. The force main’s ultimate peak future flow
for the project will be 3,774,500 gallons per day… through the Austin Oaks lift
station (No. 14) and the sanitary sewer system to the Clay Township Regional
Waste District’s wastewater treatment plant (“WWTP”).”
8.
During the construction permit application
review, IDEM received a letter from the Respondent’s representative at Consoer Townsend
Envirodyne Engineers, Inc., which stated the following:
“The new force main will extend and connect to
portions of the existing 16” force main installed under IDEM permit approval
No. 8367. (The permitted 14” diameter
force main was upsized to a 16” diameter by addendum).”
The Respondent informed IDEM that the “addendum” was
between Brenwick Development Company, Inc. and its contractor. IDEM did not issue any addendum for the
construction project at the Site. IDEM
was not informed of and did not approve the pipe size adjustment from 14-inches
to 16-inches, prior to construction at the Site.
9.
On January 26, and January 30, and March 29,
2004, IDEM received additional information required to process the Respondent’s
construction permit application. The
Respondent submitted plans and specifications that referenced constructing the
new force main to an existing 16-inch diameter force main. The 1995 construction permit, Approval No. 8367, was issued for a 14-inch diameter force main. The Respondent failed to submit a request to
IDEM for a revision to the 1995 construction permit, Approval No. 8367, prior
to the installation of the 16-inch diameter force main, in violation of 327
IAC 3-2-1 and 327 IAC 3-2-2(d).
10.
On February 24, 2004, a representative of IDEM notified Ron
Lauritsen, the Respondent’s representative from Consoer Townsend Envirodyne
Engineers, Inc. that the Respondent was in violation of the 1995 construction permit, Approval No. 8367 and that
the Respondent was required to submit “as-built” plans and specifications,
including verification of completion of the
pressure/leakage testing, for IDEM’s approval. IDEM also notified Consoer Townsend
Envirodyne Engineers, Inc, the Respondent’s representative, that a formal
enforcement action was pending.
11.
Although on April 15, 2004, IDEM issued
a construction permit for the sanitary sewers under the permit, Approval No. 16490,
at the Site, the Respondent did not submit “as-built” plans and
specifications, including verification of completion
of the pressure/leakage testing requirement for the force main that was
installed under the 1995 permit, Approval No. 8367, in accordance with the
permit and 327 IAC 3-6-19, in violation of 327 IAC 3-2-1 and 327 IAC
3-2-2(d).
12.
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 his 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 maintain compliance with all
requirements of 327 IAC 3 and all other applicable rules and statutes.
3.
Upon commencing future construction of any sanitary sewers
that tie into the 16-inch force main, the Respondent shall complete the pressure/leakage testing requirements for the force main
that was installed under the 1995 permit, Approval No. 8367, which demonstrates
the pressure/leakage testing requirement for the force main was completed in
accordance with 327 IAC 3-6-19 and the pipe manufacturer.
4.
If, in the future the Respondent wishes to use
the existing 16-inch force main and if the sewer does not meet the
pressure/leakage testing requirements, any further modification to the existing
pipe will require the Respondent to submit a construction permit application to
IDEM prior to repair or replacement of the existing force main. All future sanitary sewer construction must be done in accordance with 327 IAC 3.
5.
Within 10 days of completion of the test, the Respondent
shall submit verification to IDEM at the addresses
below, which demonstrates the pressure/leakage testing requirement for the
force main was completed in accordance with 327 IAC 3-6-19 and the pipe
manufacturer. If the Respondent is required
to submit a new construction permit application, it may also submit the
application to the address below:
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Sholeh
Hourmozdi, Engineer Indiana
Department of Environmental Management Office
of Water Quality – Mail Code 65 – 40 Facility
Construction Section |
6.
The Respondent is assessed a civil penalty of Three
Thousand, Four Hundred Fifty Dollars ($3,400).
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.
7.
In the event that the civil penalty required by Order
Paragraph 6, is not paid within 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.
8.
The Civil penalty is payable by check to the Environmental
Management Special Fund. Payments shall
include the Case Number 2004-13681-W, of this action and shall be mailed to:
Indiana Department of Environmental Management
Cashiers Office-Mail Code 50 - 10C
9.
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.
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.
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. 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.
12.
This Agreed Order is not and shall not be interpreted to be
a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or
approval of any submittal made by the Respondent pursuant to this Agreed Order,
shall not in any way relieve the Respondent of its obligation to comply with
the requirements of any applicable permit or order or with any other applicable
federal or state law or regulation.
13.
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
any permit or order or any applicable federal or state law or regulation. Additionally, IDEM or anyone acting on its
behalf shall not be held liable for any costs or penalties the Respondent may
incur as a result of Respondent’s efforts to comply with this Agreed Order.
14.
Nothing in this Agreed Order shall prevent or limit IDEM’s
rights to obtain penalties or injunctive relief under any applicable federal or
state law or regulation, except that IDEM may not seek additional civil
penalties for the violations specified in the Notice of Violation.
15.
Nothing in this Agreed Order shall prevent IDEM or anyone
acting on its behalf from communicating with the United States Environmental
Protection Agency (“EPA”) or any other agency or entity about any matters
relating to this enforcement action.
IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties the Respondent may incur as a result of such communications
with the EPA or any other agency or entity.
16.
This Agreed Order shall remain in effect until the
Respondent has complied with Paragraphs 6 through 9 of this Agreed Order and
IDEM has issued a close-out letter to the Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Waste
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By: |
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By: |
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Mark
W. Stanifer, Chief |
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Printed: |
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Water
Enforcement Section |
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Office
of Enforcement |
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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Department
of Environmental Management |
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Office
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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For
The Commissioner: |
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Signed
on November 17, 2006 |
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Matthew
T. Klein |
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Assistant
Commissioner for |
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Compliance
and Enforcement |
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