VIA CERTIFIED MAIL:

TO:    Mr. Robert Romain, Jr., President
    Romain Construction Company, Inc.
    8114 Burch Park Drive, #B        
    Evansville, Indiana 47711     

    Designated representatives of the Indiana Department of Environmental Management (IDEM) and the Indiana Department of Natural Resources (IDNR) have conducted a record review and a series of inspections of the Romain Construction Company, Inc. Sharon Woods Apartments. The development is located in the Sharon Ridge Estates subdivision at Sharon Road and State Highway 66 in Ohio Township, Warrick County, Indiana.

    Indiana Administrative Rule 327 IAC 15-5 pertains to storm water run-off associated with construction activity.     327 IAC 15-5-2 states: "The requirements under this rule apply to all persons who:

    1.    do not obtain an individual NPDES permit under 327 IAC 15-2-6;

    2.    meet the general permit rule applicability requirements under 327 IAC 15-2-3; and

    3.    are involved in construction activity, which includes clearing, grading, excavation, and other land disturbing activities, except operations that result in the disturbance of less than five (5) acres of total land area and which are not part of a larger common plan of development or sale."

1.    Both 327 IAC 15-5-7(b)(1), which states, in part, that when active land disturbing activities occur, .... "sediment-laden water which otherwise would flow from the site shall be detained by erosion control practices appropriate to minimize sedimentation in the receiving stream.....", and 327 IAC 15-5-7(c), which requires: "During the period of construction activity at a site, all erosion control measures necessary to meet the requirements of this rule shall be maintained by the operator."

    The Romain Construction Company, Inc. has violated 327 IAC 15-5-7(b)(1) and 327 IAC 15-5-7(c) by failing to implement and maintain soil erosion control measures as evidenced by the following:

    a.    On January 22, 1996, the Indiana Department of Natural Resources Soil Conservation Division, Urban Conservation Specialist, who is a designated representative of IDEM, responded to a complaint and visited the Romain Construction Company, Inc. Sharon Woods Apartment project site and found that the Romain Construction Company, Inc. had allowed sediment from its project area to be deposited on the streets and neighboring property.

    b.    On February 12, 1996, a Warning of Noncompliance was sent to Romain Construction Company by IDEM. The warning gave ten (10) days to have all necessary measures in place to stop soil erosion.

    c.    Follow up visits on-site by the Urban Conservation Specialist of the IDNR on February 28, March 4 and March 13, 1996, revealed continuing unsatisfactory erosion control. On April 9, and April 11, 1996, a wood box drainage structure was observed to have been built directing stormwater to the small retention basin which had no outlet pipe. The basin overflowed and allowed sediment to be carried off-site. There is only approximately 30 feet from the apartment

foundation to the edge of the property boundary and the earthen bank slope of approximately 15 percent was severely eroded.

    d.    On April 12, 1996, the IDEM Office of Enforcement faxed to you a request for a report of improvements completed for erosion control measures and prevention of sediment deposition off-site.

    e.    On April 19, 1996, you called the IDEM Office of Enforcement and explained that a temporary box catch basin had been installed with a plastic drain pipe to a retention basin, and that two permanent catch basins were to be installed as soon as weather permited. Additional silt fence was reported installed below the bank which had been backfilled.

    f.    Follow up visits on May 8, June 4, and August 13, 1996, revealed sediment continuing to be allowed to be washed off-site.

2.    327 IAC 15-5-7(b)(4), which states: "Public or private roadways shall be kept cleared of accumulated sediment. Bulk clearing of accumulated sediment shall not include flushing the area with water. Cleared sediment shall be returned to point of likely origin or other suitable location."

    Violation of 327 IAC 15-5-7(b) (4) is evidenced by the following:

    On August 13, 1996, the IDNR Urban Conservation Specialist found the Romain Construction Company was allowing flushing of the project parking lot to remove sediment with a water hose, in violation of 327 IAC 15-5-7(b)(4).


    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an order pursuant to IC 13-30-3-4 containing the actions you must take to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day of any violation.
        
    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4 or the filing of a civil court action under IC 13- 14-10 or IC 13-14-2-6. The advantages of entering into an Agreed Order are:

                            For the Commissioner:

Dated: ____________________            Signed July 10, 1997                 David J. Hensel
                            Director
                            Office of Enforcement
Enclosure

cc:    Michael H. Tresslar, Vice President & Project Manager
    Warrick County Soil & Water Cons. Dist.
    Randy Braun, Assistant Director
     Division of Soil Conservation, IDNR
    Lynn Miller, IDNR, Div. of Soil Conservation
    

Converted by Andrew Scriven