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ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE
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OF ENVIRONMENTAL
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Complainant, |
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Case # 2005-14614-W |
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DODDS PROPERTY
MANAGEMENT, LLC |
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Respondent. |
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NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
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Via
Certified Mail#:______________ |
Via
Certified Mail#:______________ |
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To: |
James
Dodds |
To: |
Dean
L. Knapp, Registered Agent for |
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Dodds
Property Management, LLC |
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Dodds
Property Management |
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This
Notice and Order of the Commissioner of the Department of Environmental
Management ("Order") is issued against Dodds Property Management, LLC
(“Respondent”) pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC 13-30-3-11,
and is based on violations found during an investigation conducted by the
Indiana Department of Environmental Management (“IDEM”). During the investigation it was determined
that the Respondent is in violation of
327 IAC 15-5 as specified below:
FINDING OF
VIOLATION
1.
Complainant is the Commissioner of the IDEM, a department of
the State of
2.
Respondent owns, operates, and/or develops Jamestown
Estates, aka Jamestown Commons, a residential subdivision located at the
northeast corner of Slideoff and Hadley Roads, in Morgan County, Indiana (the
“Site”).
3.
IDEM
has jurisdiction over the parties and subject matter of this action.
4.
All references in these Findings of Fact to 327
5.
Pursuant to 327 IAC 15-5-7(a), the operator shall develop an
erosion control plan, (also known as an erosion and sediment control plan or
ESCP), in accordance with the requirements under this section. The ESCP must assure that erosion control
measures are implemented and maintained, and that off-site sedimentation does
not occur during the period of construction activity at a site.
6.
Pursuant to 327 IAC 15-5-5(4), the operator must
certify that the erosion control measures in the ESCP comply with applicable
state, county, or local erosion control requirements; the erosion control
measures will be implemented in accordance with the plan; and that an
appropriate state, county, or local erosion control authority and the soil and
water conservation district office have been sent a copy of the plan for
review.
7.
Pursuant to 327
IAC 15-5-7(b), both before and after its November of 2003 revisions, the
following requirements shall be met on all sites during the period when active
land disturbing activities occur:
a.
Sediment-laden water shall be detained on-site by erosion
control practices that minimize sedimentation in the receiving stream.
b.
Sediment tracked from the site onto public or private
roadways shall be minimized.
c.
Public and private roadways shall be kept clear of
accumulated sediment.
d.
All on-site storm drains shall be protected against
sedimentation by appropriate and acceptable methods.
e.
Storm water drainage from adjacent areas that naturally pass
through the site shall either be diverted from disturbed areas or the existing
channel must be protected or improved to prevent erosion and sedimentation from
occurring.
f.
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 the site, all erosion control measures
necessary to meet the requirements of this rule shall be maintained by the
operator.
9.
Based on site visits and
inspections conducted by Division of Soil Conservation representatives and/or
the Morgan County Soil and Water Conservation District (SWCD) on August 15,
September 19, October 17, and November 25, 2003; and March 4, April 12, September 21 & 22, and November 8, 2004,
the Respondent failed to assure that erosion control measures were implemented
and maintained at the Site and assure that off-site sedimentation did not occur
during the period of construction activity from August 15, 2003 to November 8,
2004. Specifically, the Respondent
failed to:
a.
Adequately protect disturbed areas through
seeding or other appropriate rosion and sediment control measures in accordance
with the ESCP;
b.
Implement appropriate perimeter sediment control
measures;
c.
Properly install erosion and sediment control
measures;
d.
Protect storm drain inlets adequately; and
e.
Maintain existing erosion and sediment control
measures.
Additionally,
inspections conducted during the above referenced time period documented
evidence of off-site sedimentation, in which sediment entered into the local
ditch which is a tributary of Sinking Creek.
The Respondent’s failure
to implement and maintain erosion and sediment control measures and prevent
off-site sedimentation is in violation of 327 IAC 15-5-7(b) and (c).
10.
On August 25, 2005, a Notice of Violation was issued, pursuant
to IC 13-30-3-3 to the Respondent for violations cited above. The Respondent received this Notice of
Violation on September 1, 2005.
11.
The Notice of Violation contained an offer to enter into an
Agreed Order in compliance with IC 13-30-3-3.
Additionally, IDEM provided the Respondent with a proposed Agreed Order.
12.
More than sixty (60) days have elapsed since Respondent was
offered the opportunity to enter into an Agreed Order.
13.
The Respondent has not entered into an Agreed Order
resolving the violations cited above.
ORDER
1.
Immediately, upon the Effective Date of this Order, the
Respondent shall implement the erosion and sediment control measures contained
in the approved ESCP for the Site and any other erosion and sediment control
measures necessary to:
a.
Ensure compliance with the requirements of 327 IAC 15-5-7;
and
b. prevent sediment from leaving the site and entering or
threatening to enter waters of the state.
This effort should include basin outlets identified in the on-site
evaluations in accordance with the ESCP and the methods outlined in the Indiana
Stormwater Quality Manual. These
measures shall be adequate in size and location to control the area of run-off
and to prevent off-site sedimentation. The Respondent
will be deemed to have satisfied the requirements of this paragraph when the
designated representative of IDEM verifies that adequate vegetative cover
has been established and/or that appropriate erosion control measures
have been put into place, and Respondent has no “unsatisfactory” ratings in
inspections from the designated representative
of IDEM for one year, or until the project termination conditions of 327 IAC
15-5-8 have been met at the site and a notice of termination (“NOT”) has been
submitted and accepted.
2.
The Respondent shall, within ten (10) days of the Effective
Date of this Order, submit to IDEM documentation of completion of actions to
comply with Order Paragraph Nos. 1(a) and (b).
3.
The
Respondent shall, upon the Effective Date, implement a self-monitoring program
as required by 327 IAC 15-5-7(18), including assuring that a trained individual
performs a written evaluation of the project site by the end of the next
business day following each measurable storm event; and at a minimum of one time
per week, in order to determine whether the erosion and sediment controls are:
a.
properly installed and maintained;
b.
adequate to ensure compliance with the requirements of 327
IAC 15-5-7; and
c.
to prevent sediment from leaving the site and entering or
threatening to enter waters of the state.
For the purposes of this Order, a “measurable storm
event” is defined as a precipitation event that results in a total measured
precipitation accumulation equal to or greater than 0.5 inches of rainfall.
4.
In the event that deficiencies are found during the
inspections of the Site conducted pursuant to Order Paragraph No. 3, the
Respondent shall immediately take all actions necessary to correct the
deficiencies. Such actions may include,
but are not necessarily limited to, removal of accumulated sediment from behind
silt fences and storm inlets, assurance that conveyance channels and swales are
stabilized, and installation of additional erosion control measures if
determined necessary.
5.
The Respondent shall maintain records of the inspections
conducted pursuant to Order Paragraph No. 3 and corrective actions taken
pursuant to Order Paragraph No. 4. The
records shall include, but not necessarily be limited to:
a.
the date and time of inspection;
b.
the weather conditions at the time of the inspection;
c.
the name of the individual conducting the inspection;
d.
a description of observations made during the inspection,
specifically including a description of any deficiencies that were found; and
e.
a description of the corrective actions taken as a result of
deficiencies found during the inspection.
6.
The
Respondent shall make the records required pursuant to Order Paragraph No.
5 available for inspection and copying
by representatives of IDEM, the Morgan County SWCD or Surveyor’s Office.
7.
The
Respondent shall, within fifteen (15) days of the Effective Date, provide
written notification to all parties with access to the Site, including
contractors and subcontractors, of the requirements contained in the approved ESCP.
8.
The
Respondent shall, within fifteen (15) days of the Effective Date, submit to
IDEM a copy of the notification required pursuant to Order Paragraph No. 7 and
a statement certifying that the notification was provided to all parties with
access to the Site.
9.
Upon
completion of the current construction project at the Site, as required by 327
IAC 15-5-8 and 327 IAC 15-5-11, the Respondent shall submit to IDEM, the NOT,
which states that the project is complete.
The NOT shall be submitted to the address below:
Rule 5 Stormwater Coordinator
Wet Weather Section
IDEM, Office of Water Quality – Mail Code 65-40
10.
All
submittals required by this Order, unless notified otherwise in writing, shall be
sent to:
Paul Cluxton, Enforcement Case Manager
IDEM, Office of Enforcement – Mail Code 60-02
11.
The Respondent shall pay a civil penalty of Fifteen Thousand
Dollars ($15,000) for the violations cited above. This penalty shall be remitted to the
Department of Environmental Management within thirty (30) days of the Effective
Date of this Order. Checks shall be made
payable to the Environmental Management Special Fund, with the Case Number
indicated on the check and mailed to:
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Indiana Department of Environmental Management |
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Cashier’s Office – Mail Code 50-10C |
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12.
This Order shall apply to and be binding upon the Respondent,
its successors and assigns. No change in
ownership, corporate, or partnership status of the Respondent shall in any way
alter its status or responsibilities under this Order.
EFFECTIVE DATE OF ORDER
Pursuant to IC 13-30-3-5, this Order takes effect
twenty (20) days following receipt unless you request review of this Order,
before the twentieth day after receipt, by filing a written request for review
with the Office of Environmental Adjudication, and serving a copy of the
request for review upon the Commissioner of the Indiana Department of
Environmental Management. You may
request that the Office of Environmental Adjudication conduct a hearing to
review this Order, under IC 4-21.5, in its entirety, or you may limit your
request for review to specific findings of fact and/or orders contained in this
Order. Requests for review must be
submitted to the Office of Environmental Adjudication and the Commissioner of
the Indiana Department of Environmental Management at the following addresses:
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Director |
Commissioner |
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Office of Environmental Adjudication |
IDEM – Mail Code:
50-01 |
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Failure to properly submit a request for review,
before the twentieth day following receipt of this Order of the Commissioner,
waives your right to administrative review of this Order and your right to judicial
review of the Order. The petition for
administrative review must contain the following information:
a.
Name, address, and telephone number of each person filing
the petition.
b.
Identification of the interest of each petitioner in the
subject of the petition.
c.
Statement of facts demonstrating that the petitioner is:
(A)
a person to whom the order is directed;
(B)
aggrieved or adversely affected by the order; or
(C)
entitled to review under any law.
d.
Statement with particularity the legal issues proposed for consideration
in the proceedings.
The petition for administrative review should also
contain the following information:
a.
Identification of any persons represented by the person
making the request.
b.
Statement identifying the person against whom administrative
review is sought.
c.
A copy of the notice of the commissioner’s action issued by
the department of environmental management which is the basis of the petition
for administrative review.
d.
Statement indicating the identification of petitioner’s
attorney or other representative.
If you have procedural or scheduling questions
regarding your request for review you may contact the Office of Environmental
Adjudication at (317) 232-8591.
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Dated
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___(Signed
July 13, 2006)__ Thomas
W. Easterly |
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Commissioner |
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cc: Mark Egbert, Swinney Bros. |
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Morgan |
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