STATE OF INDIANA	)	SS:	BEFORE THE INDIANA DEPARTMENT OF
	)		ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION	)

COMMISSIONER OF THE DEPARTMENT				)
OF ENVIRONMENTAL MANAGEMENT,				)
				)
Complainant,				)
				)
v.				)	Case No. 2013-22081-Q
				)
ST. ANDREWS DEVELOPMENT, LLC,				)
				)
Respondent.				)

AGREED ORDER

Complainant and 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 Indiana Code (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.

I. FINDINGS OF FACT

1. Complainant is the Commissioner (Complainant) of the Indiana Department of Environmental Management (IDEM), a department of the State of Indiana created by Indiana Code (IC) 13-13-1-1.

2. Respondent is St. Andrews Development, LLC (Respondent) owner and developer of the Porter Medical Campus project, located on the north side of US Highway 6 and west of SR 49, Valparaiso, Porter County, Indiana (the Site).

3. IDEM has jurisdiction over the parties and the subject matter of this action pursuant to IC 13-30-3.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to St. Andrews Development, LLC, owner and developer of the Porter Medical Campus project.

5. On September 19, 2012, Respondent submitted a construction plan, including a Storm Water Pollution Prevention Plan (SWP3), to the Porter County SWCD for the Porter Medical Campus project pursuant to 327 Indiana Administrative Code (“IAC”) 15-5-2. Respondent did not receive notification within 28 days from the Porter County SWCD that the plan was deficient. Therefore, Respondent was allowed under 327 IAC 15-5-6(b)(3) to submit the Rule 5 – Notice of Intent (NOI) to IDEM.

On November 9, 2012, Respondent submitted an NOI to IDEM for the Porter Medical Campus project pursuant to 327 IAC 15-5-2. Therefore, beginning on November 9, 2012, Respondent was authorized by NPDES General Permit Number INR10F811 (the Permit) to discharge storm water from construction activities at the Site into waters of the State in accordance with the terms and conditions of the Permit.

6. Pursuant to 327 IAC 15-5-6.5(c), a designated entity may upon finding reasonable cause require modification to the construction plan if it is determined that changes are necessary due to site conditions or project design changes. Revised plans, if requested, must be submitted to the appropriate entity within 21 calendar days of a request for a modification.

Based on an inspection conducted by IDEM staff during the period of December 14 through 18, 2012, and a record review, IDEM determined that the SWP3 was deficient and did not meet the requirements of 327 IAC 15-5. On December 18, 2012, IDEM notified Respondent that revised plans for Phase 2 needed to be submitted to IDEM within 21 days in accordance with the provisions of 327 IAC 15-5-6.5(c).

Respondent failed to submit a revised SWP3 for Phase 2 to address the deficiencies and to meet the requirements of 327 IAC 15-5, in violation of 327 IAC 15-5-6.5(c).

IDEM staff conducted a follow-up inspection at the Site during the period of January 11 through 16, 2013, and a record review, during which it was determined that the SWP3 remained deficient and did not meet the requirements for 327 IAC 15-5. On January 22, 2013, IDEM sent Respondent an On-Site Evaluation Report which documented Respondent’s failure to comply with the conditions and requirements of 327 IAC 15-5, including Respondent’s failure to submit a revised SWP3 for Phase 2 within 21 days of IDEM’s December 18, 2012, notification of deficiency of the SWP3.

IDEM staff conducted additional follow-up inspections at the Site during the periods of March 20 through 22, 2013, and May 13 through 15, 2013, and noted on each On-Site Evaluation for Erosion Control that the SWP3 was deficient, does not meet the requirements for 327 IAC 15-5, and that revised plans for Phase 2 needed to be submitted.

After IDEM found reasonable cause to require modification to the construction plan, including the SWP3, determined that changes are necessary, and requested revised plans, Respondent’s failure to submit revised plans to the appropriate entity within 21 calendar days of the requests for a modification were in violation of 327 IAC 15-5-6.5(c).

On June 19, 2013, IDEM received a copy of the revised SWP3 from the Porter County MS4 staff that was dated January 9, 2013. However, during additional follow-up inspections conducted during the periods of September 6 through 10, 2013, and September 20 through 24, 2013, IDEM determined that the SWP3 remained deficient and ineffective for adequate erosion control during interim land disturbing activities.

7. Pursuant to 327 IAC 15-5-7(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 327 IAC 15-5-7(b).

Based on inspections conducted by IDEM staff during the period of construction activity from December 14, 2012 through September 24, 2013, Respondent failed to implement all storm water quality measures and erosion and sediment controls necessary to comply with this rule in accordance with the construction plan and sufficient to satisfy 327 IAC 15-5-7(b), in violation of 327 IAC 15-5-7(a).

Pursuant to 327 IAC 15-5-7(b), a project site owner is required to, at least, meet the erosion control requirements set forth in this rule. Based on the inspections conducted by IDEM staff during the period of construction activity from December 14, 2012 through September 24, 2013, IDEM determined that Respondent failed to ensure that erosion control measures were implemented and maintained at the Site, and that Respondent failed to ensure that off-site sedimentation did not occur. Specifically:

A. Sediment-laden water which otherwise would flow from the project site is required to be treated by erosion and sediment control measures appropriate to minimize sedimentation [327 IAC 15-5-7(b)(1)].

During inspections conducted during the periods of January 11-16, 2013, March 20-22, 2013, May 13-15, 2013, June 19-24, 2013, July 16-18, 2013, IDEM staff observed that Respondent had failed to adequately treat sediment-laden water with erosion and sediment control measures appropriate to minimize off-site sedimentation, in violation of 327 IAC 15-5-7(b)(1).

B. Public or private roadways are required to be kept cleared of accumulated sediment that is a result of run-off or tracking. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment is required to be redistributed or disposed of in a manner that is in accordance with all applicable statutes and regulations [327 IAC 15-5-7(b)(4)].

During an inspection conducted by IDEM staff during the period of September 20-24, 2013, it was observed that Respondent had failed to keep the public or private roads clear of accumulated sediment that was a result of run-off or tracking, in violation of 327 IAC 15-5-7(b)(4).

C. The project site owner is required to post a notice near the main entrance of the project site. The notice must be maintained in a legible condition and contain the information specified in the rule [327 IAC 15-5-7(b)(6)].

During inspections conducted during the periods of December 14-18, 2012, January 11-16, 2013, March 20-22, 2013, June 19-24, 2013, July 16-18, 2013, September 6-10, 2013, and September 20-24, 2013, IDEM staff observed that Respondent had failed to post a notice near the main entrance of the project site that contained the information specified in the rule, in violation of 327 IAC 15-5-7(b)(6).

D. The SWP3 shall serve as a guideline for storm water quality, but should not be interpreted to be the only basis for implementation of storm water quality measures for a project site. The project site owner is responsible for implementing, in accordance with this rule, all measures necessary to adequately prevent polluted storm water run-off [327 IAC 15-5-7(b)(8)].

E. Appropriate measures are required to be planned and installed as part of an erosion and sediment control system [327 IAC 15-5-7(b)(11)].

F. Collected run-off leaving a project site must be either discharged 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 [327 IAC 15-5-7(b)(13)].

During inspections conducted during the periods of December 14-18, 2012, January 11-16, 2013, March 20-22, 2013, May 13-15, 2013, June 19-24, 2013, July 16-18, 2013, September 6-10, 2013, and September 20-24, 2013, IDEM staff observed that Respondent had failed to ensure that collected run-off leaving the project site was either discharged 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, in violation of 327 IAC 15-5-7(b)(13).

G. Drainage channels and swales must be designed and adequately protected so that their final gradients and resultant velocities will not cause erosion in the receiving channel or at the outlet [327 IAC 15-5-7(b)(14)].

During inspections conducted during the periods of December 14-18, 2012, January 11-16, 2013, March 20-22, 2013, May 13-15, 2013, June 19-24, 2013, September 6-10, 2013, and September 20-24, 2013, IDEM staff observed that Respondent had failed to adequately protect the drainage channels and swales so that their final gradients and resultant velocities will not cause erosion in the receiving channel or at the outlet, in violation of 327 IAC 15-5-7(b)(14).

H. Natural features, including wetlands and sinkholes, are required to be protected from pollutants associated with storm water runoff [327 IAC 15-5-7(b)(15)].

I. Unvegetated areas that are scheduled or likely to be left inactive for 15 days or more must be temporarily or permanently stabilized with measures appropriate for the season to minimize erosion potential. Vegetated areas with a density of less that 70% are required to be restabilized using appropriate methods to minimize the erosion potential [327 IAC 15-5-7(b)(16)].

During inspections conducted during the periods of December 14-18, 2012, January 11-16, 2013, March 20-22, 2013, May 13-15, 2013, June 19-24, 2013, July 16-18, 2013, September 6-10, 2013, and September 20-24, 2013, IDEM staff observed that Respondent had failed to temporarily or permanently stabilize unvegetated areas that were scheduled or likely to be left inactive for 15 days or more to minimize erosion potential, and had failed to restabilize vegetated areas as necessary using appropriate methods to minimize the erosion potential, in violation of 327 IAC 15-5-7(b)(16).

J. During the period of construction activities, all storm water quality measures necessary to meet the requirements of this rule are required to be maintained in working order [327 IAC 15-5-7(b)(17)].

During inspections conducted during the periods of December 14-18, 2012, January 11-16, 2013, March 20-22, 2013, May 13-15, 2013, June 19-24, 2013, July 16-18, 2013, September 6-10, 2013, and September 20-24, 2013, IDEM staff observed that Respondent, during the period of construction activities, had failed to maintain in working order all storm water quality measures necessary to meet the requirements of this rule, in violation of 327 IAC 15-5-7(b)(17).

K. A self-monitoring program that includes the following must be implemented [327 IAC 15-5-7(b)(18)]; and

(a) A trained individual shall perform a written evaluation of the projects site;

(i) by the end of the next business day following each measurable storm event; and

(ii) at a minimum of one time per week.

(b) The evaluation must:

(i) address the maintenance of existing storm water quality measures to ensure they are functioning properly; and

(ii) identify additional measures necessary to remain in compliance with all applicable statutes and rules.

(i) the name of the individual performing the evaluation;

(ii) the date of the evaluation;

(iii) problems identified at the project site; and

(iv) details of corrective actions recommended and completed.

(d) All evaluation reports for the project site must be made available to the inspecting authority within 48 hours of a request.

During inspections conducted during the periods of December 14-18, 2012, January 11-16, 2013, March 20-22, 2013, May 13-15, 2013, June 19-24, 2013, July 16-18, 2013, September 6-10, 2013, and September 20-24, 2013, IDEM staff observed that Respondent had not implemented a self-monitoring program that includes the information required by the rule, and Respondent had failed to make available to the inspecting authority all evaluation reports for the project site within 48 hours of IDEM’s requests, in violation of 327 IAC 15-5-7(b)(18).

L. Proper storage and handling of materials, such as fuels or hazardous wastes, and spill prevention and clean-up measures are required to be implemented to minimize the potential for pollutants to contaminate surface or ground water or degrade soil quality [327 IAC 15-5-7(b)(19)].

During an inspection conducted during the period of June 19-24, 2013, IDEM staff observed that an uncontained and unmanaged trash and solid waste pile was present east of a fuel tank in the staging area, no plug was present in the box structure and fuel spill stain was present in the area of the drain hole, and spill containment kits were not present at the fuel site. Respondent’s failure to provide proper storage and handling of fuels and failure to provide spill prevention and clean-up measures were in violation of 327 IAC 15-5-7(b)(19).

8. Pursuant to IC 13-30-2-1, it is unlawful for any person to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources into the environment in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

Pursuant to 327 IAC 2-1-6(a)(1), all surface waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices or other discharges that will settle to form putrescent or otherwise objectionable deposits, that are in amounts sufficient to be unsightly or deleterious, that produce color, odor or other conditions in such degree as to create a nuisance, which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans.

Pursuant to 327 IAC 2-1-2(1), the following policy of non-degradation is applicable to all surface waters of the state: For all waters of the state, existing beneficial uses shall be maintained and protected. No degradation of water quality shall be permitted which would interfere with or become injurious to existing and potential uses.

During inspections conducted at the Site during the periods of January 11-16, 2013 and March 20-22, 2013, IDEM staff observed that Respondent had caused the discharge of sediment from a sediment basin at the Site to an unnamed tributary of Damon Run and to an adjacent property and to an off-site pond, causing sediment deposits in the stream and off-site pond.

During inspections conducted at the Site during the periods of July 16-18, 2013, September 6-10, 2013, and September 20-24, 2013, IDEM staff observed that Respondent had caused the discharge of sediment from a haul road at the Site to an adjacent development that had caused sediment build up in a wetland in the adjacent development causing degradation of the water quality which interfered with and became injurious to its existing and potential uses.

Respondent’s above noted discharge of sediment laden water: to the unnamed tributary of Damon Run; to an adjacent property and to an off-site pond causing sediment deposits in the stream and off-site pond; from a haul road at the Site to an adjacent development that caused sediment build up in a wetland in the adjacent development; and Respondent’s degradation of the water quality of the wetland, were in violation of IC 13-30-2-1, 327 IAC 2-1-6(a)(1), and 327 IAC 2-1-2(1).

9. On April 9, 2014, a telephone settlement conference was held between IDEM and Respondent, St. Andrews Development, LLC. Also present were Respondent’s counsel, Todd Leeth; Porter County MS4 Coordinator Rich Hudson and Jim Hipskind from Palm Associates. It was decided Respondent will work with Mr. Hipskind and Palm Associates to develop an adequate SWP3. Respondent is aware of the additional compliance requirements of the Order. The civil penalty was discussed and is modified below for settlement purposes.

10. In recognition of the settlement reached, 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 adopted by Complainant or Complainant’s delegate (as evidenced by signature), and the adopted Agreed Order has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with all rules and statutes cited above at issue.

3. Immediately upon the Effective Date, Respondent shall cease all land disturbing activities at the Site, except activities involving implementation of corrective measures. Respondent shall not initiate any further land disturbing activities at the Site until Respondent receives written verification that the revised Construction Plan (CP) satisfies IDEM requirements and the Porter County MS4 requirements, and Respondent has implemented the erosion and sediment control measures contained in the approved CP for the Site and any other necessary erosion and sediment control measures.

4. Within 30 days of the Effective Date, Respondent shall submit a complete, revised and approvable CP to IDEM. For the purposes of this Agreed Order, a CP is defined as a representation of a project site and all activities associated with the project. The plan includes the location of the project site, buildings and other infrastructure, grading activities, schedules for implementation, and other pertinent information related to the project site required by 327 IAC 15-5-6.5(a). A storm water pollution prevention plan (SWP3) is a part of the construction plan, pursuant to 327 IAC 15-5-4(5), 327 IAC 15-5-4(35), and 327 IAC 15-5-6.5(a)(7&8).

5. The revised CP required by Order Paragraph 4 shall include a detailed description of corrective actions that Respondent shall take ensure implementation of storm water quality measures for a project site, and all measures necessary to adequately prevent polluted storm water run-off. The revised CP shall include all of the following:

A. A project location map, narrative describing the nature and purpose of the project, topographic map and description of the existing vegetation, location and name of all wetlands, lake and water courses on and adjacent to the Site.

B. The location and approximate dimensions of all disturbed areas, and all erosion and sediment control measures to be implemented at the site including, but not limited to storm drain inlet and storm water outlet protection, and construction entrance stabilization to prevent erosion and off-site sedimentation.

C. A response to all deficiencies noted in previous on-site evaluations, inspection reports, and comments from past technical reviews provided by IDEM, and/or the Porter County MS4, including the deficiencies outlined in the September 20-24, 2013, On-Site Evaluation for Erosion and Sediment Control.

D. A written certification by the operator that storm water quality measures beyond those specified in the SWP3 will be implemented during the life of the permit if necessary to comply with section 7 of this rule; and

E. A written certification by the operator that implementation of storm water quality measures will be inspected by trained individuals.

The CP shall include an implementation and completion schedule, including specific milestone dates.

6. The revised CP, including the SWP3, shall be submitted to the IDEM and the Porter County MS4, as follows:

Doug Wolf, Storm Water Specialist

Indiana Department of Environmental Management

Surface Water, Operations & Enforcement Branch

Office of Water Quality-- Mail Code 60-02

100 North Senate Avenue

Indianapolis, IN 46204-2251

and to:

MS4 Coordinator

Porter County MS4

155 Indiana Avenue

Suite 311

Valparaiso, IN 46383

7. Should the revised CP, SWP3, and/or supporting information not satisfy IDEM’s requirements pursuant to 327 IAC 15-5-6.5, then Respondent shall submit a revised and complete CP, SWP3, and/or supporting information to meet IDEM’s requirements by the deadline indicated in IDEM’s notification. The deadline shall not be less than 30 days from notification. Should the revised CP not be complete, or should the modifications proposed not meet IDEM’s requirements, Respondent shall be subject to stipulated penalties in Order Paragraph 19 of this Agreed Order.

8. Respondent shall, immediately upon receipt of verification that the revised CP satisfies IDEM and the Porter County MS4 requirements, implement the erosion and sediment control measures contained in the CP 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 327 IAC 2-1-6(a)(1); and

b. Prevent sediment from leaving the site and entering or threatening to enter waters of the state.

This effort should include appropriate erosion and sediment control measures identified in the on-site evaluations in accordance with the CP and the methods outlined in the Indiana Stormwater Quality Manual. This manual is available from the IDEM Storm Water program. These measures shall be adequate in size and location to control the area of run-off and to prevent off-site sedimentation. Respondent will be deemed to have satisfied the requirements of this paragraph when IDEM or the SWCD verify 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 IDEM or the SWCD 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.

9. Respondent shall, within ten days of the completion of the milestone dates above, submit documentation of completion of each milestone to IDEM’s Office of Water Quality, Enforcement Section at the address in paragraph 17.

10. 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; and

B. adequate to ensure compliance with the requirements of 327 IAC 15-5-7 and to prevent sediment from leaving the site and entering or threatening to enter waters of the state.

For the purposes of this Agreed 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.

11. In the event that deficiencies are found during the inspections of the Site conducted pursuant to Order Paragraph 10 above, 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.

12. Respondent shall maintain records of the inspections conducted pursuant to Order Paragraph 10 above and corrective actions taken pursuant to Order Paragraph 11 above. 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.

13. Respondent shall make the records required pursuant to Order Paragraph 12 above available for inspection and copying by representatives of IDEM, and the SWCD.

14. Respondent shall, within 15 days of the Effective Date, provide written notification to all parties with access to the Site, including general contractors and subcontractors, of the requirements contained in the CP, the SWP3, Rule 5, and any further MS4 requirements.

15. Respondent shall, within 30 days of the Effective Date, submit to IDEM a copy of the notification required pursuant to Order Paragraph 14 above and a statement certifying that the notification was provided to all parties with access to the Site.

16. The requirements of Paragraphs 3 through 15 above shall remain in effect until the earlier of:

a. Respondent submits notification of termination of construction activity pursuant to 327 IAC 15-5-11 for the Site, or

b. Respondent has no “unsatisfactory” ratings in inspections from IDEM or the SWCD for one year after the Effective Date,

and a representative of IDEM verifies the adequacy of the remaining permanent erosion control measures in accordance with 327 IAC 15-5-8(b).

17. All submittals required by this Agreed Order, other than the CP and the SWP3 required by Order Paragraph 5, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

Edward Judson, Enforcement Case Manager

Enforcement Section

Indiana Department of Environmental Management

Surface Water, Operations & Enforcement Branch

Office of Water Quality-- Mail Code 60-02

100 North Senate Avenue

Indianapolis, IN 46204-2251

18. Respondent is assessed and agrees to pay a civil penalty of Twenty-One Thousand Seven Hundred Dollars ($21,700). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date; the 30^th day being a “Due Date.”

19. In the event the terms and conditions of the following paragraphs are violated, IDEM may assess and Respondent shall pay the corresponding stipulated penalty:

Paragraph	Violation	Penalty
Paragraph 3	Failure to cease land disturbing activities, except those involving corrective measures, prior to submittal of a revised CP, and verification that the revised CP satisfies IDEM and MS4 requirements and implementation of erosion and sediment control measures.	$500 per day
Paragraph 4	Failure to submit a complete, revised and approvable CP within 30 days of the Effective Date.	$500 per week late
Paragraph 5	Failure to include the required information and certifications in the revised CP.	$500 per week late
Paragraph 7	Failure to timely submit a revised and complete CP, SWP3, and/or supporting information by the deadline in IDEM’s notification.	$500 per week late
Paragraph 8	Failure to implement the erosion and sediment control measures contained in the CP and any other necessary erosion and sediment controls.	$500 per violation
Paragraph 9	Failure to submit documentation of completion of milestones.	$500 per week late
Paragraph 10	Failure to conduct a self-monitoring program of the Site as required.	$500 per violation
Paragraph 11	Failure to immediately take all actions necessary to correct deficiencies found during Site inspections.	$500 per violation
Paragraph 12	Failure to maintain records as required.	$500 per violation
Paragraph 13	Failure to make required records available to IDEM and the Porter County MS4.	$500 per violation
Paragraph 15	Failure to timely submit certification statement and copy of notice provided pursuant to Order Paragraph 14.	$250 per week or part thereof late

20. Stipulated penalties shall be due and payable no later than the 30^th day after Respondent receives written notice that IDEM has determined a stipulated penalty is due; the 30^th day being a “Due Date.” IDEM may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a timely manner of a stipulated penalty assessment shall not waive IDEM’s right to collect such stipulated penalty or preclude IDEM from seeking additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties shall preclude IDEM from seeking additional relief against Respondent for a violation of this Agreed Order. Such additional relief includes any remedies or sanctions available pursuant to Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.

21. Civil and stipulated penalties are payable by check to the “Environmental Management Special Fund.” Checks shall include the Case Number of this action and shall be mailed to:

Office of Legal Counsel

Indiana Department of Environmental Management

IGCN, Rm N1307

100 North Senate Avenue

Indianapolis, IN 46204

22. This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns. Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent. No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.

23. In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance and any accrued interest at the rate established by IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance. The interest shall continue to accrue on the first of each month until the civil penalty and any interest accrued are paid in full. Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified above.

24. In the event that any terms of this 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 this Agreed Order did not contain the invalid terms.

25. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

26. 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 Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of his obligation to comply with the requirements of his applicable permits or any applicable Federal or State law or regulation.

27. Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, 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 Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

28. 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, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.

29. Nothing in this Agreed Order shall prevent IDEM (or anyone acting on its behalf) from communicating with the 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 Respondent may incur as a result of such communications with the EPA or any other agency or entity.

30. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of Order Paragraph Nos. 3 through 21 and IDEM issues a Resolution of Case (close out) letter.

TECHNICAL RECOMMENDATION:	RESPONDENT:
Department of Environmental Management	St. Andrews Development, LLC

By: ________________________	By: ________________________
Mary Hoover, Chief
Enforcement Section	Printed: ______________________
Surface Water, Operations and
Enforcement Branch
Office of Water Quality

Date: __________________	Date: _______________________

	COUNSEL FOR RESPONDENT:

	By: ______________________

	Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS ____ DAY OF _______________________, 20___.

	For the Commissioner:

Date:__________________	Signed on May 15, 2015
	Bruno Pigott
	Assistant Commissioner
	Office of Water Quality