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 2001-10178-W; and
) Cause No 2001-10424-W
RAYMOND JARBOE, )
)
Respondent. )
NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
VIA CERTIFIED MAIL No. ________________
Mr. Raymond Jarboe,
1070 State Highway 150 NW
Palmyra, IN 47164
This Notice and Order of the Commissioner of the Department of Environmental Management is issued against Raymond Jarboe (the ARespondent@), who owns two residential subdivision developments called Buffalo Trace Estates Subdivision and Jarboe Subdivision, located just off State Highway 135, approximately 3,300 feet and 1,100 feet, respectively, north of their intersections with State Route 150 in Palmyra, Indiana, for violation of 327 IAC 3-2-1, and 327 IAC 3-2-2. This Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10, IC 13-30-3-11, IC 13-30-3-12 and IC 4-21.5-3-6, and is based on violations found during an investigation conducted by representatives of the Indiana Department of Environmental Management (IDEM). During the investigation, it was determined that the Respondent was in violation of 327 IAC 3-2-1, and 327 IAC 3-2-2, as specified below:
FINDING OF VIOLATION
1. Pursuant to 327 IAC 3-2-1, 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.
2. Pursuant to 327 IAC 3-2-2, a completed construction permit application shall be submitted together with the required plans, specifications, and description of project. Construction shall not commence until all necessary state approvals and permits are obtained.
3. The Respondent violated the above rules, by constructing a sanitary sewer system, for Buffalo Trace Estates subdivision, which has 7 lots for single family homes, one lot for a two-bedroom apartment, and one commercial lot located in the area of State Highway 135 approximately 3,300 ft north of its intersection with State Route 150, without obtaining a construction permit approval from IDEM. On December 22, 2000, the Respondent did submit a construction permit application, including plans, and specifications to IDEM. However, on January 17, 2001, IDEM discovered, during review of these documents, that the construction had already been completed some time in 1998. The project consisted of approximately 255 linear feet (LF) of six inch diameter PVC sewer pipe and 541 LF of two inch diameter PVC force main, and also included a lift station with two submersible wet-well pumps. The construction without a valid permit is in violation of 327 IAC 3-2-1 and 327 IAC 3-2-2.
4. At some time, approximately in 1998, the Respondent constructed a sanitary sewer system, for Jarboe Subdivision, which has 5 lots for single family homes, located in the area of State Highway 135 approximately 1,100 ft north of its intersection with State Route 150, without obtaining a construction permit approval from IDEM. On December 22, 2000, the Respondent did submit a construction permit application, plans, and specifications to IDEM. However, on March 28, 2001, it was discovered, during IDEM's review of revisions for these documents, that the construction had already been completed on the project, consisting of approximately 255 linear feet (LF) of six inch diameter PVC sewer pipe and 255 LF of two inch diameter PVC force main. The project also included a lift station with two submersible wet-well pumps. This construction without a valid permit is in violation of 327 IAC 3-2-1 and 327 IAC 3-2-2.
5. Pursuant to IC 13-30-3-3, IDEM issued the first Notice of Violation, for Cause No. 2001-10178-W on February 21, 2001, and the second Notice of Violation, for Cause No. 2001-10424-W on May 25, 2001, via Certified Mail to:
Raymond Jarboe
1070 State Highway 150 NW
Palmyra, IN 47164
7. The Notices of Violation each contained an offer to enter into an Agreed Order containing actions required to correct the violation.
8. More than sixty (60) days have elapsed since the Respondent was offered the opportunity to enter into an Agreed Order.
ORDER
1. The Respondent shall pay a civil penalty of Six Thousand, Two Hundred Fifty Dollars ($6,250) for violation of 327 IAC 3-2-1, and 327 IAC 3-2-2(b). This penalty shall be remitted to the Department of Environmental Management within thirty (30) days of the effective date of this Order. Checks shall be made payable to the Environmental Management Special Fund, with the Cause Number indicated on the check, and mailed to: Cashier, IDEM, 100 N. Senate Avenue, P. O. Box 7060, Indianapolis, IN 46207-7060.
3. The Respondent shall provide a copy of this Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms, and other persons performing work under this Order comply with the terms of this Order.
EFFECTIVE DATE OF ORDER
Pursuant to IC 13-30-3-5, this Order takes effect twenty (20) days following receipt unless you request review of this Order, before the twentieth day after receipt, by filing a written request for review with the Office of Environmental Adjudication and serving a copy of the request for review upon the Commissioner of the Indiana Department of Environmental Management. Pursuant to IC 4-21.5-3-7, you may request that the Office of Environmental Adjudication conduct a hearing to review this Order, under IC 4-21.5, in its entirety, or you may limit your request for review to specific findings of fact and/or orders contained in this Order.
Requests for review must be submitted to the Office of Environmental Adjudication and the Commissioner of the Indiana Department of Environmental Management at the following addresses:
Director Commissioner
Office of Environmental Adjudication Department of Environmental Management
ISTA Building, Suite 618 IGCN, 100 North Senate
150 West Market Street P. O. Box 6015
Indianapolis, IN 46204 Indianapolis, IN 46206-6015
Failure to properly submit a request for review, before the twentieth day following receipt of this Order of the Commissioner, waives your right to administrative review of this Order pursuant to IC 4-21.5-3-7 and your right to a judicial review of the Order pursuant to IC 4-21.5-5-4. The petition for administrative review must contain the following information:
1. The name, address, and telephone number of each person filing the petition.
2. Identification of the interest of each petitioner in the subject of the petition.
3. A statement of facts demonstrating that the petitioner is:
a. a person to whom the order is directed;
b. aggrieved or adversely affected by the order; or
c. entitled to review under any law.
4. A statement with particularity concerning the legal issues proposed for consideration in the proceedings.
The petition for administrative review should also contain the following information:
1. Identification of any persons represented by the person making the request pursuant to IC 4-21.5-3-15.
2. A statement identifying the person against whom administrative review is sought.
3. A copy of the notice of the commissioner=s action issued by the department of environmental management which is the basis of the petition for administrative review.
4. A statement indicating the identification of petitioner=s attorney or other representative.
If you have procedural or scheduling questions regarding your request for review you may contact the Office of Environmental Adjudication at (317) 232-8591.
DATED AT INDIANAPOLIS, INDIANA THIS DAY OF , 2002.
Signed 1/14/02
Lori F. Kaplan
Commissioner
cc: Harrison County Health Department
U.S. EPA, Region 5, Water Section
Gordon D. Ingle, Attorney at Law