STATE OF
|
)
|
|
BEFORE THE INDIANA
DEPARTMENT
|
|||
|
|
) |
SS: |
OF ENVIRONMENTAL MANAGEMENT |
|||
|
|
) |
|
|
|||
|
|
|
|
|
|||
|
COMMISSIONER OF THE DEPARTMENT |
) |
|||||
|
OF ENVIRONMENTAL MANAGEMENT, |
) |
|||||
|
|
|
) |
||||
|
|
Complainant, |
) |
||||
|
|
|
) |
||||
|
|
v. |
) |
CASE NO. 2004-14024-W |
|||
|
|
) |
|||||
|
TOWN OF |
) |
|||||
|
|
) |
|||||
|
|
Respondent. |
) |
||||
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.
The Complainant is the Commissioner
("Complainant") of the Indiana Department of Environmental Management
("IDEM"), a department of the State of
2.
The Respondent is the Town of
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. John H. Minta, President
Clarksville Town Council
2000 Broadway,
5.
A records review on
Pursuant to IC 13-30-2-1(7), a person may not construct, install, operate, or
modify any equipment or facility of any type that may cause or contribute to
pollution, or be designed to prevent pollution, without prior approval of the
department.
Pursuant to 327 Indiana Administrative Code ("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.
The Respondent allowed connection of an unpermitted sanitary sewer main
extension, constructed to serve the Blackiston Ridge Subdivision, to the
Respondent's municipal sanitary sewer collection system in the vicinity of the
Site sometime around October 2003, in violation of IC 13-30-2-1(7) and 327 IAC
3-2-1.
6.
On April 21, 2003, IDEM issued to Chad
Sprigler a Construction Permit, Approval No. 15806, authorizing the
construction of a sanitary sewer main extension consisting of approximately 567
feet of 8-inch diameter polyvinylchloride ("PVC") sanitary sewer main
pipe, 913 feet of 2-inch diameter PVC force main pipe, and a lift station with
two submersible 20 gallon per minute grinder pumps to serve Blackiston Ridge
Subdivision, a 16-home development. The
permitted construction was to be connected to an existing 8-inch sanitary sewer
line that is part of the Respondent's municipal sanitary sewer collection
system at an existing manhole on
7. Between April 2003 and October 2003, due to the discovery of a closer existing manhole that was part of the Respondent's municipal sanitary sewer collection system, the contractor employed by Chad Sprigler deviated from the approved Blackiston Ridge Subdivision sanitary sewer main extension construction plan. The contractor instead constructed the Blackiston Ridge Subdivision sanitary sewer main extension by installing approximately 794 feet of 8-inch PVC sanitary sewer main pipe and connecting said construction to the Respondent's municipal sanitary sewer collection system at the newly discovered manhole located on Blackiston Mill Road approximately 428 feet north of the intersection of Blackiston Mill Road and Parkwood Drive.
8. Chad Sprigler failed to obtain a modification to Construction Permit Approval No. 15806 or to otherwise obtain the necessary permits and approvals for the Blackiston Ridge Subdivision sanitary sewer main extension that was constructed and connected to the Respondent's municipal sanitary sewer collection system.
9. According to Chad Sprigler, the Respondent authorized the connection of the unpermitted Blackiston Ridge Subdivision sanitary sewer main extension to its municipal sanitary sewer collection system.
10. Since the connection of the unpermitted Blackiston Ridge Subdivision sanitary sewer main extension to the Respondent's municipal sanitary sewer collection system, IDEM has reviewed "as-built" plans and specifications for the unpermitted Blackiston Ridge Subdivision sanitary sewer main extension construction and has issued a Non-Objection Letter for its use.
11. 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 all
applicable provisions of the IC, IAC, and any effective permits, including but
not limited to, IC 13-30-2-1(7) and 327 IAC
3. The Respondent is assessed a civil penalty of One Thousand, Two Hundred Fifty- Dollars ($1,250). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days after 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
P. O. Box 7060
5. In the event that the civil penalty required by Section II, Paragraph 3, of this Agreed Order, is not paid within 30 days after 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.
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. 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.
9. This Agreed Order is not, and shall not be interpreted to be, a permit or a modification of an existing permit, nor shall it in any way relieve the Respondent of its obligation to comply with the requirements of any permit or with any other applicable federal or state law or regulation.
10. 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, any permit, or state law.
11. This Agreed Order shall remain in effect until the Respondent has complied with the terms and conditions of Section II, Paragraphs 2 through 5, of this Agreed Order and IDEM issues a Close-Out letter to the Respondent.
|
TECHNICAL RECOMMENDATION: |
RESPONDENT: |
||||||||||
|
Department of Environmental Management |
Town of |
||||||||||
|
By: |
|
|
By: |
|
|
||||||
|
|
Mark W. Stanifer |
|
Printed: |
|
|
||||||
|
|
Section Chief, Section |
|
Title: |
|
|
||||||
|
|
Office of Enforcement |
|
|
|
|
||||||
|
Date: |
|
|
Date: |
|
|
||||||
|
|
|
|
|
|
|
||||||
|
COUNSEL FOR COMPLAINANT: |
COUNSEL FOR RESPONDENT: |
||||||||||
|
Department of Environmental Management |
|
||||||||||
|
By: |
|
|
By: |
|
|
||||||
|
|
Joseph H. Merrick |
|
|
|
|
||||||
|
|
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 |
|
||||||||||
|
Linda Runkle |
|
||||||||||
|
Assistant Commissioner |
|
||||||||||