STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
COMMISSIONER OF THE DEPARTMENT )
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. B-2287
)
DAVID SHOCKLEY, )
)
Respondent. )
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.
2. Respondent is David Shockley (the "Respondent"), who is the developer of the six (6) lot
housing project located in the 1600th block of Henry Street in Huntington, Indiana (the
"Project"). Development of the Project included the construction of a sanitary sewer
extension measuring approximately two hundred ninety five (295) feet in length.
3. IDEM has jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, on March 9, 1998, IDEM issued a Notice of Violation via
Certified Mail to:
David Shockley
3446 North, 300 East
Huntington, Indiana 46750
327 IAC 3-2-1 states, "No person shall cause or allow the construction, installation, or
modification of any water pollution treatment/control facility or sanitary sewer, without a
valid construction permit issued by the commissioner."
327 IAC 3-2-2 (b) states, "A completed application shall be submitted together with the
required plans, specifications, and description of project a minimum of sixty (60) days in
advance of the proposed date of start of construction. Construction shall not commence
until all necessary state approvals and permits are obtained."
327 IAC 4-1-4 (a) states, "Whenever, in the determination of the commissioner, hydraulic
or organic overloading of a semipublic facility or POTW exists or is impending and the
introduction into the semipublic facility or POTW of additional wastewater from new or
existing sources is likely to result in the discharge or bypassing of insufficiently treated
sewage, the commissioner may impose a ban on further sewer connections to the
semipublic facility or POTW."
327 IAC 4-1-4 (b) states, "Such sewer connection ban shall prohibit the connection or
introduction of additional wastewater or sewage into the semipublic facility or POTW,
except as otherwise provided under this article."
The Huntington Municipal Waste Water Treatment Plant was placed on a sewer
connection ban, pursuant to 327 IAC 4-1-4 (a), on August 27, 1993. This ban was still in
effect on January 13, 1998. The sewer ban was lifted by IDEM on March 26, 1998.
The violations of the above noted rules are based on a January 9, 1998, record review and
a January 13, 1998, complaint investigation conducted by designated representative(s) of
IDEM. The record review and complaint investigation indicate that the Respondent did
not submit a completed application within sixty (60) days in advance of the proposed date
of start of construction of the sanitary sewer extension included in construction of the
Project. Additionally, the record review and complaint investigation indicate that the
Respondent did not receive permission from the City of Huntington to connect the
sanitary sewer extension to the Huntington Municipal Waste Water Treatment Plant's
collection system.
The Respondent has violated 327 IAC 3-2-1 in that the Respondent allowed the
construction of a sanitary sewer without a valid construction permit issued by the
commissioner.
The Respondent has violated 327 IAC 3-2-2 (b) in that the Respondent did not submit a
completed application together with the required plans, specifications, and description of
project a minimum of sixty (60) days in advance of the proposed date of start of
construction.
The Respondent has violated 327 IAC 4-1-4 (b) in that the Respondent allowed the
connection or introduction of additional wastewater or sewage into the POTW when such
connection or introduction of additional wastewater or sewage into the POTW was
prohibited by a sewer connection ban.
Subsequent to the issuance of the NOV, Respondent sold the Henry Street property. The
City of Huntington did not find the sewers as-built to be acceptable and informed
Respondent that they would not be accepted. The new owner is Stan Dyke. There are no
plans by the new owner to construct additional homes on this location, and the sewer
which was illegally constructed will not be used.
In recognition of the settlement reached, Respondent waives any right to administrative
and judicial review of this Agreed Order.
2. Within thirty (30) days of the Effective Date, the Respondent shall submit a written
certification that the sewer line which was installed will not be used.
3. All submissions required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
Terry Ressler, Case Manager, Water Enforcement
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. Respondent is assessed a civil penalty of Three Thousand Dollars ($3,000). 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.
5. 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 weekfor failure to timely
submit the certification
7. 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
8. In the event that the civil penalty required by Paragraph 4 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.
9. 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.
10. 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.
11. 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.
12. This Agreed Order shall remain in effect until Respondent has complied with Paragraphs
2 and 4 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: ________________________
Nancy Holloran
Office of Legal Counsel
Department of Environmental Management
Date: _______________ Date: _______________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS ___________ DAY OF ______________________, 1998.
FOR THE COMMISSIONER:
Original signed by David Hensel August 19, 1998
David J. Hensel
Director
Office of Enforcement
Converted by Andrew Scriven