STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
COMMISSIONER OF THE DEPARTMENT )
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NOS. B-2051, B-2052, B-2057,
) B-2060, B-2102, B-2112, B-2204,
STEVE AULBACH, PARTNER ) B-2222, B-2223, B-2224, & B-2278
INDIANA LAND COMPANY, )
)
Respondent. )
Come now the parties to this cause and hereby consent to the following amendment of the
Agreed Order entered into by the parties in the above-captioned cause and adopted by the
Commissioner of the Indiana Department of Environmental Management on April 28, 1998.
The following paragraphs of Section II are amended to read as follows:
4. After the Washington County SWCD has approved the erosion control plan
for a given subdivision, the Respondent shall immediately implement the
erosion control plan for that subdivision.
5. The Respondent shall maintain the erosion control measures at each
subdivision in accordance with the approved erosion control plan for that
subdivision. For purposes of this Agreed Order, each subdivision's erosion
control plan shall be followed and maintained until October 31, 1999, or until
the Respondent has completed all land disturbing activities at that subdivision
and submitted a Notice of Termination, in accordance with 327 IAC 15-5-11,
to IDEM stating that the construction activity at that subdivision is
completed, whichever is shorter.
Amended Agreed Order:B-2051, et. al.
Steve Aulbach/Indiana Land Co.
Page 2
7. 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 timely
submit any NOI letters or any revised
NOI letters.
Paragraph 3 $500 per week for failure to timely
submit any erosion control plans or
modifications to the erosion control
plans as requested.
Paragraph 4 $1,000 per week for failure to timely
implement an approved erosion
control plan.
Paragraph 5 $1,000 per week for failure to
maintain erosion control measures at
any subdivision in accordance with the
subdivision's approved erosion control
plan..
These are the only sections of the Agreed Order amended by the parties; the remaining
provisions of the Agreed Order remain in full force and effect.
The provisions contained within the Amended Agreed Order shall have no force or effect
until the Amended Agreed Order is approved by the Commissioner or her delegate. Indiana Land
Company, by the duly authorized undersigned, hereby agrees to the foregoing amendments and
agrees to be bound by the provisions contained within the Amended Agreed Order when issued by
the Commissioner.
TECHNICAL RECOMMENDATION: RESPONDENT:
By: By:
Mark W. Stanifer
Water Enforcement Section Printed:
Office of Enforcement
Department of Environmental Title:
Management
Date: Date:
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
By: By:
Printed: Printed:
Office of Legal Counsel
Department of Environmental
Management
Date: Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS DAY OF , 199 .
FOR THE COMMISSIONER:
Original signed on June 21, 1999
Felicia Robinson George
Assistant Commissioner of Enforcement
Converted by Andrew Scriven