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

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,            )
                            )
            v.                )
                            )
CAMPBELL PROPERTIES, Developer        )    CAUSE NO. B-2056
COMMERCE PARK NORTH, Section 5        )
                            )
        Respondent(s).            )

2.    Respondent is Campbell Properties, the developer who owns Commerce Park North Subdivision, located in Hancock County, Greenfield, Indiana, (hereinafter referred to as "Respondent").

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

4.    Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

            Campbell Properties
            Mr. Michael Campbell, Developer
            1100 W. Northwest Highway
            Suite 211
            Mt. Prospect, Illinois 60056

5.    Designated representative(s) of the Indiana Department of Environmental Management (IDEM) and the Indiana Department of Natural Resources (IDNR) conducted a site and record review at Commerce Park North Subdivision, Section 5, Hancock County, Greenfield, Indiana.

6.    327 IAC 15-2-5(a), states that any person subject to the requirements of this article shall submit a Notice of Intent (NOI) letter that complies with this section, 327 IAC 15-3, and the additional requirements in any applicable general permit rule.

7.    327 IAC 15-2-5(c), states that the person responsible for the operation of the facility from which a point source discharge of pollutants and/or storm water occurs must submit an NOI letter.

8.    327 IAC 15-5-2 pertains to storm water run off associated with construction activity. 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, excavating, 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.

9.    327 IAC 15-5-5, states in substance that in addition to the NOI letter requirements under 327 IAC 15-3, the following information must be submitted by the operator with an NOI letter under this rule:

    1)    A brief description of the construction project, including, but not limited to, a statement of the total acreage of the site.

    (2)    Estimated timetable for land disturbing activities and installation of erosion control measures.

    (3)    Statement of the number of acres to be involved in land disturbing activities.
    (4)    A written certification by the operator that:

        (A)    the erosion control measures included in the erosion control plan comply with the requirement under sections 7 and 9 of this rule and the plan complies with applicable state, county, or local erosion control requirements;
        (B)    the erosion control measures will be implemented in accordance with the plan;
        (C)    verification 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; and
        (D)    verification that implementation of the erosion control plan will be conducted by personnel trained in erosion control practices.

    (5)    Proof of publication in a newspaper of general circulation in the affected area that notified the public that a construction activity under this rule is to commence.

10.    327 IAC 15-5-6, pertains to the deadline for submittal of an NOI letter and additional information and states that all information required under 327 IAC 15-3 and 327 IAC 15- 5-5 shall be submitted to the commissioner of IDEM prior to the initiation of land disturbing activities.

11.    327 IAC 15-5-7, pertains to general conditions for construction activity erosion control measures. The rule states, in substance, that the operator shall develop an erosion control plan in accordance with the requirements under the section. The following requirements shall be met at all sites during the period when active land disturbing activities occur:

    a.    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. No storm water shall be discharged from the site in a manner causing erosion in the receiving channel at the point of the discharge.

    b.    Appropriate measures shall be taken by the operator to minimize or eliminate wastes or unused building materials from being carried from a site by run off.

    c.    Sediment being tracked from a site onto public or private roadways shall be minimized.

    d.    Public or private roadways shall be kept clear of accumulated sediment. Bulk clearing of accumulated sediment shall not include flushing the area with water. Cleared sediment shall be returned to the point of likely origin or other suitable location.

    e.    All on-site storm drain inlets shall be protected against sedimentation with barriers meeting acceptable design criteria, standards, and specification for that purpose.

    f.    The following items apply during the time construction activity is taking place:

        1)    Storm water drainage from adjacent areas that naturally pass through the site shall be controlled by diverting it around the disturbed areas.

        2)    Run off from a disturbed area shall be controlled by one or more of the measures required under this section.

        3)    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.

        4)    All erosion control measures required to comply with this rule shall meet the design criteria, standards, and specifications for erosion control measures established by IDEM in guidance documents. The erosion control plan shall include, but is not limited to, a site map, a plan of final site conditions, and a site construction plan, all as detailed in 327 IAC 15- 5-7(d).

12.     The Project is not covered by an individual NPDES Permit under 327 IAC 5-2-6, and it meets the general permit rule applicability requirements under 327 IAC 15-2-3. Although there was no information submitted to IDEM by Campbell Properties as to the total acreage of land disturbing activities, the City of Greenfield Building and Planning Commission indicated that the total acreage of the Project is 9.9452 acres. Therefore, the Project is subject to the requirements of 327 IAC 15-5.

13.    Based on a record review by IDEM, Respondent failed to timely submit an NOI letter including all the information required by 327 IAC 15-5-5, and failed to implement an adequate erosion control plan, as required by 327 IAC 15-5-7, as evidenced by the following:

14.    On August 7, 1996, IDNR sent Mr. Keith Taylor, the Engineer for Commerce Park North Section 5 Subdivision, a letter to follow up on a site visit conducted by a representative of IDNR, Soil and Water Conservation Division (SWCD) on that same day. The August 7, 1996 letter outlined the following concerns that had been discovered at the Project site visit:

    a.    proposed construction entrances not installed;

    b.    proposed silt fences not installed;

    c.    straw bales set at the storm pipes not adequate;

    d.    there is evidence of off-site sedimentation;

    e.    soil has been tracked on roadways and site conditions present a high potential for additional off-site sedimentation.

15.    On August 19, 1996, a Warning of Noncompliance (WONC) letter was issued by IDEM due to major deficiencies in implementation of the submitted Soil Erosion Control Plan (SECP) including the following:

    a.    gravel construction entrances have not been installed as requested, resulting in soil being tracked onto roadways;

    b.    the silt fences proposed in the SECP have not been installed;

    c.    the straw bales at the storm sewer inlets have not been properly installed; and

    d.    conditions at the site present a high potential for additional off-site sedimentation.

16.    In addition to the sediment concerns, other deficiencies included failure to timely submit the NOI, and failure to pay the application fee to IDEM. In a letter sent by IDEM on August 16, 1996, it stated that "it is required that you respond to this Office within 15 days of the date of this letter (or by September 1, 1996) . . . a copy of 327 IAC 15-5 (Rule 5) and the NOI instruction packet have been enclosed for your convenience."

17.    On November 8, 1996, another WONC was sent to the Respondent by this Office. On November 11, 1996, the Campbell Properties NOI letter which was unsigned was received by IDEM. The erosion control measures have not been implemented, in violation of 327 IAC 15-5-7.According to the Rule 5 Compliance Section, IDEM, the NOI has since been deemed complete.

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

2.    Upon completion of construction of Commerce Park North, the Respondent shall submit a Notice of Termination letter shall be submitted immediately to IDEM, in accordance with 327 IAC 15-5-11.

3.    Within five (5) days of the effective date of this Agreed Order, Respondent shall effectively implement the erosion control measures noted in the Warning of Noncompliance (WONC) letter dated August 19, 1996, sent to the Project engineer. The Respondent shall maintain effective soil erosion control measures until construction of the development is completed.

4.    Within ten (10) days of the effective date, Respondent shall submit documentation of actions taken to address the above noted deficiencies and implement appropriate erosion control measures to IDEM and to:

                IDNR, Division of Soil Conservation
                1110 Amos Road, Suite C
                Shelbyville, Indiana 46176

5.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
                Mark W. Stanifer, Chief
                Water Enforcement Section
                Office of Enforcement
                Indiana Department of Environmental Management
                100 N. Senate Avenue
                P. O. Box 6015
                Indianapolis, Indiana 46206-6015

6.    Respondent is assessed a civil penalty of Four Thousand Two Hundred Dollars ($5,200). 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.

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 day for failure to submit complete NOI letter within the required time period and/or Notice of Termination letter if the development has been completed.

        Paragraph 3                    $500 per day for failure to address the deficiencies noted and effectively implement appropriate erosion control measures or submit documentation of such within the required time period.

8.    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.

9.    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, Indiana 46206-7060

10.    In the event that the civil penalty required by Paragraph 5 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.

11.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. 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.

12.    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.

13.    The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners of the Project or successors to Campbell Properties 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.

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

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 20^th DAY OF JULY , 1998.

                             FOR THE COMMISSIONER:

                            ___________________________
                             David J. Hensel
                            Director
                            Office of Enforcement

Converted by Andrew Scriven