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

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
)
Complainant,            )
)
v.                )CAUSE NO. 1999-4722-W or B-2431
)
JOHN H. CROW    )
)
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.

    Respondent is John H. Crow, owner and developer of Raven Lake Subdivision, located located in the area of Meadows Drive and Raven Lake Drive in Greentown, Howard County, Indiana (hereinafter referred to as "Respondent"),

    The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.


    Pursuant to IC 13-30-3-3, IDEM issued on June 21, 1999, a Notice of Violation via Certified Mail to:

Mr. John H. Crow
5035 N 200 E
Kokomo, Indiana 46901

5.    On December 12, 1998, IDEM conducted an inspection of the Raven Lake Subdivision located in the area of Meadows Drive and Raven Lake Drive in Greentown, Howard County, Indiana. As a result of the inspection the Respondent was found in violation of 327 IAC 3-2-1. The violation is based on the fact that during the inspection it was observed that the Respondent had constructed a 6" sanitary sewer main line from the Raven Lake Subdivision without obtaining a valid construction permit.

6.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

II. ORDER

    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.

    Within ten (10) days of the Effective Date of this Agreed Order, the Respondent shall submit A as-built @ plans to IDEM and the Greentown Planning Commission for the section of sanitary sewers connecting into the Greentown collection system from the Raven Lake Subdivision. The A as-built @ plans shall be approved and stamped by a Professional Engineer.

    Respondent is assessed a civil penalty of Three Thousand, Five Hundred Dollars ($3,500). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

    In the event the following terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:


Violation                        Penalty

Paragraph 2    $500 per week for failure to submit the required A as-built @ plans to IDEM or the Greentown Planning Commission.

    Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent's violation of this Agreed Order, or Indiana law, including but not limited to civil penalties pursuant to IC 13-30-4.

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

Cashier
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060

    In the event that the civil penalty required by paragraph 3 is not paid within thirty (30) days of the Effective Date of this Agreed Order, 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.

    This Agreed Order shall apply to and be binding upon the Respondent. 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.

    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.
    The 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.

    This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

    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.

TECHNICAL RECOMMENDATION:        JOHN H. CROW:
Department of Environmental Management

By:     _________________________        By:     _________________________
Mark Stanifer, Section Chief
    Office of Enforcement            Printed: ________________________

Title:     ________________________

Date:    _________________________        Date:     ________________________

COUNSEL FOR COMPLAINANT:        COUNSEL FOR RESPONDENT:
Department of Environmental Management

By: _________________________            By: ________________________
Office of Legal Counsel                
Department of Environmental Management

Date: _______________                Date: _______________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS ___________ DAY OF ______________________, 1999.

FOR THE COMMISSIONER:

Original signed on March 3, 2000
Felicia A. Robinson
Assistant Commissioner of Enforcement


Converted by Andrew Scriven