STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	CASE NO. 2005-14553-W
					)
PETE BEYL,					)
					)
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 Indiana created by IC 13-13-1-1.

2. The Respondent is Pete Beyl ("Respondent"), who is the individual lot owner of individual building lot number 15 in the Crestwood Manor development, located in or near Floyds Knobs, in Floyd 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 May 12, 2005, IDEM issued a Notice of Violation via Certified Mail to:

Pete Beyl

3010 Bugaboo Lane

Sellersburg, IN 47172

5. The operator of the Crestwood Manor development submitted and received approval of a Notice of Intent ("NOI") and an Erosion and Sediment Control Plan ("ESCP") for the Crestwood Manor development in 2002, as required by 327 IAC 15-5 effective at that time.

6. All references to 327 IAC 15-5 and its various subparts are to the version in effect prior to the rule change on November 26, 2003.

7. Pursuant to 327 IAC 15-5-7(b), the following requirements shall be met on all sites during the period when active land disturbing activities occur:

A. Public and private roadways shall be kept clear of accumulated sediment.

B. All on-site storm drains shall be protected against sedimentation by appropriate and acceptable methods.

C. Run-off from a disturbed area shall be controlled by either appropriate vegetative practices, the implementation of an erosion control plan that includes appropriate erosion control measures, or both.

8. Pursuant to 327 IAC 15-5-7(c), during the period of construction at a site, all erosion control measures necessary to meet the requirements of 327 IAC 15-5-7 shall be maintained by the operator. The Respondent submitted the Notice of Intent ("NOI") prior to November of 2003, and has not submitted another NOI for the Site. Therefore the above noted provisions remain in effect.

9. Pursuant to 327 IAC 15-5-10(b), all persons engaging in land disturbing activity on a site shall be responsible for complying with the soil erosion control plan for that site and the provisions of 327 IAC 15-5.

10. Pursuant to 327 IAC 15-5-10(c), upon investigation by IDEM, any person causing or contributing to a violation of any provisions of 327 IAC 15-5 shall be subject to enforcement and penalty under IC 13-14-10, IC 13-15-7, and IC 13-30.

11. Pursuant to 327 IAC 15-5-10(d), if remaining erosion control measures are not properly maintained by the person occupying or owning the property, the department may pursue enforcement against that person for correction of deficiencies under 327 IAC 15-1-4.

12. During an inspection conducted on December 3, 2004, Indiana Department of Natural Resources ("IDNR") staff observed that the Respondent had failed to ensure that erosion control measures were implemented and maintained at the Site. IDNR staff observed that lot number 15 was out of compliance with 327 IAC 15-5 due to unsatisfactory maintenance of erosion control measures. The silt fence was in a state of disrepair, and rock bags around storm drain inlet needed to be replaced/repositioned, and soil was entering Viewcrest Loop Road.

13. During an inspection conducted on February 4, 2005, IDNR staff observed that there had been insufficient improvements since the previous on-site evaluation. Lot number 15 was out of compliance with 327 IAC 15-5 due to unsatisfactory maintenance of erosion control measures. The silt fence was in a state of disrepair and completely torn down in portions. Rock bags around a storm drain inlet needed to be replaced/repositioned, and a large amount of soil was entering Viewcrest Loop Road.

14. Based on the inspections conducted by the IDNR Division of Soil Conservation on December 3, 2004, and February 4, 2005, the Respondent caused or contributed to the failure to implement and maintain erosion control measures at the Site. Specifically:

A. Public and private roadways were not kept clear of accumulated sediment.

B. All on-site storm drains were not protected against sedimentation by appropriate and acceptable methods.

C. Run-off from a disturbed area was not controlled by either appropriate vegetative practices, the implementation of an erosion control plan that includes appropriate erosion control measures, or both.

Therefore, the Respondent caused or contributed to the violation of 327 IAC 15-5-7(b), 327 IAC 15-5-10(b) and 327 IAC 15-5-10(d).

15. On May 20, 2005, Division of Soil Conservation conducted an inspection at lot number 15 and observed that permanent erosion control had been established by placement of sod and construction had been completed.

16. 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 comply with 327 IAC 15-5-7 and 327 IAC 15-5-10.

3. The Respondent is assessed a civil penalty of One Thousand Three Hundred and Seventy-Five Dollars ($1,375). 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. The check 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 thirty 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.

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 is not and shall not be interpreted to be a permit or a modification of an existing permit, and 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.

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 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.

11. 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.

12. This Agreed Order shall remain in effect until the Respondent has complied with all terms and conditions of Paragraphs 3-5 of this Agreed Order and until IDEM issues a Close-Out letter to the Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Pete Beyl
By:	___________________		By:		_____________
	Mark W. Stanifer, Chief
	Water Section		Printed:		Pete Beyl
	Office of Enforcement
			Title:		_____________
Date:	__________________		Date:
			By:		_____________
			Printed:		_____________
			Title:		_____________
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 9/1/05
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement