STATE OF
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BEFORE THE INDIANA DEPARTMENT
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OF ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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Case No. 2004-14290-W |
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SENIOR LIVING
PROPERTIES I, INC., |
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A/K/A AUTUMN GLEN AT GREENCASTLE |
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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. Pursuant to IC 13-30-3-3,
entry into the terms of this Agreed Order does not constitute an admission of
any violation contained herein.
Respondent's entry into this Agreed Order shall not constitute a waiver
of any defense, legal or equitable, which Respondent may have in any future
administrative or judicial proceeding, except a proceeding to enforce this
order.
1.
The Complainant is the Commissioner (“Complainant”)
of the Indiana Department of Environmental Management, a department of the
State of
2.
Respondent is Senior Living Properties, I, Inc.
a/k/a Autumn Glen at Greencastle (“Respondent”), who owns and
operates the Autumn Glen at Greencastle
development, located at 98 North 10th Street, Greencastle, in Putnam
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, on January 19, 2005, IDEM
issued a Notice of Violation via Certified Mail to:
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Senior Living Properties I, Inc., a.k.a. Autumn Glen at
Greencastle |
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Richard L. Johnson, President and Registered Agent |
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6214 Morenci Trail, |
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5.
Pursuant to 327 IAC 15-5-7, as effective prior
to November of 2003, during the period when active land disturbing activities
occur, the operator was required to comply with the general conditions for
construction activity erosion control measures set forth in Section 327 IAC
15-5-7 effective at the time.
6.
Pursuant to 327 IAC 15-5-7, which was revised
and became effective in November of 2003, during the period when active land
disturbing activities occur:
(a)
All storm water quality measures and erosion and
sediment controls necessary to comply with this rule must be implemented in
accordance with the construction plan and sufficient to satisfy Subsection 327
IAC 15-5-7(b).
(b)
A project site owner shall, at least, meet the
provisions for storm water quality control set forth in the subsection 327 IAC
15-5-7(b), including:
(1)
Sediment-laden water shall be treated by erosion
and sediment control measures appropriate to minimize sedimentation.
(2)
Appropriate measures shall be taken to minimize
or eliminate wastes or unused building materials being carried from the site by
run-off.
(3)
A stable construction site access shall be
provided at all points of construction traffic ingress and egress to the
project site.
(4)
Public and private roadways shall be kept clear
of accumulated sediment.
(5)
Storm water run-off leaving a project site must
be discharged in a manner that is consistent with applicable state or federal
law
(8)
The project site owner is responsible for
implementing all measures necessary to adequately prevent polluted storm water
run-off.
(10)
Phasing of construction activities shall be
used, where possible, to minimize disturbance of large areas.
(11)
Appropriate measures shall be planned and
installed as part of an erosion and sediment control system.
(13)
Collected run-off leaving a project site must be
either discharge directly into a well-defined, stable receiving channel or
diffused and released to adjacent property without causing an erosion or
pollutant problem to the adjacent property owner.
(16)
Unvegetated areas that are scheduled or likely
to be left inactive for fifteen days or more must be temporarily or permanently
stabilized with measures appropriate for the season to minimize erosion
potential. Alternative measures to site
stabilization are acceptable if the project site owner or their representative
can demonstrated they have implemented erosion and sediment control measures
adequately to prevent sediment discharge.
Vegetated areas with a density of less than seventy percent (70%) shall
be restabilized using appropriate methods to minimize the erosion potential.
(17)
During the period of construction activities,
all storm water quality measures necessary to meet the requirements of this
rule shall be maintained in working order.
7.
Based on inspections conducted by IDNR, the
Respondent failed to assure that erosion control measures were implemented and
maintained at the Site from August of 2003 to July of 2004, and assure that
off-site sedimentation did not occur during the period of construction activity
from September of 2003 to July of 2004.
Specifically, during one or more inspections conducted by IDNR on August
22, 2003, September 9, 2003, November 19, 2003, December 5, 2003, July 28,
2004, August 25, 2004, and September 14, 2004, among other things, the
following were observed:
(a)
Erosion control practices were either not in
place or not installed properly.
(b)
Roadways were not kept clear of sediment and
tracked soil.
(c)
Silt fences were either not installed properly
or not installed according to plans.
(d)
The sediment detention basin was not constructed
properly.
(e)
Soil stockpiles were not stabilized with
appropriate erosion control measures.
(f)
Conveyance channels were not stabilized.
(g)
Perimeter sediment control measures had not been
implemented.
(h)
Sediment was leaving the site at the north
project line and sediment was entering unprotected storm drain inlets.
(i)
Temporary and permanent seeding were not timely
performed or not adequate.
(j)
Erosion control measures were not adequately
maintained.
The Respondent’s failure to implement and
maintain all storm water quality measures and erosion and sediment controls
necessary to comply with this rule and in accordance with the ESCP, as
evidenced by the deficiencies observed during the above noted inspections, was in
violation of 327 IAC 15-5-7 effective at the time.
8.
On January 4, 2005, IDNR staff conducted an
on-site evaluation for erosion and sediment control at the Site and observed
that no areas of construction site management for erosion and sediment control
were unsatisfactory. On May 6, 2005,
IDNR staff conducted another on-site evaluation at the Site and observed that
the last unit was under construction and that over 95% of the site was
sodded. All areas of construction site
management for erosion and sediment control were evaluated as satisfactory,
with the exception of the north project line, where work was being done at the
time.
9.
On October 13, 2005, IDEM received a notice of
termination (NOT) for the Site from the Respondent in accordance with 327 IAC
15-5-8, indicating that all land disturbing activities, including construction
on all building lots, have been completed and the entire site has been
stabilized.
10.
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 the applicable
provisions of 327 IAC 15-5.
3.
The Respondent is assessed a civil penalty of Seven Thousand
Dollars ($7,000). Three Thousand and
Five Hundred Dollars ($3,500) of said amount shall be due and payable to the
Environmental Management Special Fund within 30 days of the Effective Date of
this Agreed Order. The remaining Three
Thousand and Five Hundred Dollars ($3,500) of said amount shall be due and
payable to the Environmental Management Special Fund within 120 days of the
Effective Date of this Agreed Order.
4.
The civil penalty is payable by checks to the Environmental
Management Special Fund. Payments shall
include the Case Number (2004-14290-W) of this action and shall be mailed to:
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Indiana
Department of Environmental Management |
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Cashiers
Office – Mail Code 50-10C |
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5.
In the event that the civil penalty required by Order
Paragraph 3, is not paid by the required deadlines, 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 does not, in any way, relieve the
Respondent of its obligation to comply with the applicable requirements of
federal or state law or regulation.
7.
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 applicable
requirements of federal or state law or regulation.
8.
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.
9.
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.
10.
The Respondent shall provide a copy of this Agreed Order, if
in force, to any subsequent owners or successors before ownership rights are
transferred.
11.
This Agreed Order shall remain in effect until the
Respondent has complied with Order Paragraphs 3 through 5 of this Agreed Order
and IDEM has issued a close-out letter to the Respondent.
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TECHNICAL
RECOMMENDATION: |
RESPONDENT |
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Department
of Environmental Management |
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By: |
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Mark
W. Stanifer |
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Section
Chief, Water Section |
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Office
of Enforcement |
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Date: |
____________________ |
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____________________ |
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COUNSEL
FOR COMPLAINANT: |
COUNSEL
FOR RESPONDENT: |
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Department
of Environmental Management |
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By: |
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By: |
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Kyle Endris, Attorney |
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Office
of Legal Counsel |
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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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For
the Commissioner: |
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Signed 4/11/06 |
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Matthew
T. Klein |
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Assistant
Commissioner of |
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Compliance
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