STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2001-10808-W

)

Mr. philip "PIP" chamberlain, OWNER )

SANDHILL ESTATES SUBDIVISION, )

)

Respondent. )

 

NOTICE AND ORDER OF THE

COMMISSIONER OF THE

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

 

VIA CERTIFIED MAIL NO. ________________________

To: Mr. Philip "Pip" Chamberlain, Owner

Sandhill Estates Subdivision

P.O. Box 123

Smithville, Indiana 47458

This Notice and Order of the Commissioner of the Department of Environmental Management ("Order") is issued against Philip "Pip" Chamberlain, ("Respondent"), who owns, operates and develops Sandhill Estates Subdivision, for violation of the Indiana Environmental Management Act. This Order is issued pursuant to IC 13-30-3-4, IC 13-30-3-10, IC 13-30-3-11 and is based on violations found during an investigation conducted by representatives of the Indiana Department of Environmental Management (IDEM), the Indiana Department of Natural Resources (IDNR), and the Greene County Soil and Water Conservation District (SWCD). During the investigation, it was determined that the Respondent was in violation of 327 IAC 15-2-5, 327 IAC 15-5-5, 327 IAC 15-5-6, and 327 IAC 15-5-7, as specified below:

 

 

FINDINGS OF VIOLATION

  1. The Respondent is Mr. Philip "Pip" Chamberlain who owns, operates and develops Sandhill Estates Subdivision, located approximately one mile east of Scotland, Indiana on State Road 725, Greene County, Indiana (the "Site").
  2. The Site is at least five acres, as part of a larger common plan and is subject to the requirements of 327 IAC 15-5.
  3. IDNR and the Greene County SWCD conducted a record review and inspections at the Sandhill Estates Subdivision construction project. The following violations were in existence or observed at the time of the record review and these inspections:
  1. Pursuant to 327 IAC 15-2-5(a), any person subject to the requirements of this article shall submit a Notice of Intent (NOI) letter that complies with this section.

    2. Pursuant to 327 IAC 15-5-6, all information required under 327 IAC 15-3 and 327 IAC 15-5-5, specifically a NOI letter and all related information, shall be submitted to the commissioner prior to the initiation of land disturbing activities.

    On November 8, 2000, during a site visit conducted by IDNR and the Greene County SWCD at the Sandhill Estates Subdivision construction project. IDNR and the Green County SWCD observed that land-disturbing activities had been initiated. The Respondent failed to submit the NOI letter to IDEM prior to initiating land-disturbing activities. To date, the Respondent has failed to submit its complete NOI and fee payment to IDEM, and remains in violation of 327 IAC 15-2-5(a) and 327 IAC 15-5-6.

  2. Pursuant to 327 IAC 15-5-7(a), the operator shall develop an erosion control plan, also known as erosion and sediment control plan (ESCP), in accordance with the requirements under this section. The ESCP must assure that erosion control measures are implemented and maintained, and that off-site sedimentation does not occur during the period of construction activity at a site.

Pursuant to 327 IAC 15-5-7(d), all erosion control measures required to comply with this rule shall meet the design criteria, standards, and specifications for erosion control measures established by the department in guidance documents similar to, or as effective as, those outlined in the Indiana Handbook for Erosion Control in Developing Areas from the division of soil conservation, IDNR and the Field Office Technical Guide from the Natural Resources Conservation Service.

Pursuant to 327 IAC 15-5-5(4), the owner, operator and developer must certify that the erosion control measures in the ESCP comply with applicable state, county, or local erosion control requirements; the erosion control measures will be implemented in accordance with the plan; and 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.

As noted in IDNR's on site inspections on March 15, 2001 and April 16, 2001, and IDNR's warning of noncompliance letter sent to the Respondent on May 8, 2001, the ESCP for the Sandhill Estates Subdivision construction project was not submitted to IDNR or the Greene County SWCD prior to land disturbing activities. To date, the required ESCP has not been submitted to IDNR, therefore the Respondent remains in violation of 327 IAC 15-5-7(a) and (d) and 327 IAC 15-5-5(4).

On November 20, 2001, a Notice of Violation was issued, pursuant to IC 13-30-3-3 to the Respondent for violation of 327 IAC 15-2 and 327 IAC 15-5. On November 28, 2001, IDEM sent the Notice of Violation via certified mail #7000 0600 0026 8340 7919. The Notice of Violation was returned to IDEM unclaimed by the Respondent. On January 10, 2002, IDEM resent the Notice of Violation via certified mail #7000 0600 0026 8340 6950. On January 15, 2002, the Respondent received this Notice of Violation.
  1. The Notice of Violation, Case No. 2001-10808-W, contained an offer to enter into an agreed order providing for the actions required to correct the violations and payment of a civil penalty.
  2. More than 60 days have elapsed since the Respondent was offered the opportunity to enter into an agreed order for Case No. 2001-10808-W.
  3. The Respondent has not entered into an agreed order resolving these violations.

 

ORDER
  1. The Respondent shall cease and desist all violations of 327 IAC 15-2 and 327 IAC 15-5.
  2. Within 30 days of the Effective Date of this Order, the Respondent shall submit a complete and approvable notice of intent (NOI) letter to IDEM for its approval, including but not limited to, entity’s legal name, address, description of the site, the name of the impacted receiving stream, verification of completion of the ESCP, proof of publication in the local newspaper, and the fee payment of One Hundred Dollars ($100), in accordance with 327 IAC 15-2.
  3. Within 30 days of the Effective Date of this Order, the Respondent shall develop and submit a complete and approvable ESCP to IDNR, in accordance with 327 IAC 15-5-7. The ESCP shall include, but not be limited to, project location map, narrative describing the nature and purpose of the project, topographic map and description of the existing vegetation, location and name of all wetlands, lake and water courses on and adjacent to the site. The ESCP shall include location and approximate dimensions of all disturbed areas, and all erosion and sediment control measures to be implemented at the site including storm drain inlet and stormwater outlet protection, and construction entrance stabilization to prevent erosion and off-site sedimentation.
  4. The ESCP shall be submitted to:

    5. Ms. Sharon Hall, Stormwater Specialist

    Indiana Department of Natural Resources

    Division of Soil Conservation

    1931 Liberty Drive

    Bloomington, Indiana 47403

  5. If the ESCP submitted by the Respondent is not acceptable by IDNR, the Respondent shall modify its ESCP to meet IDNR's requirements and resubmit the modified ESCP within 15 days of IDNR's required modifications.
  6. Within 15 days of IDNR's approval of the ESCP, the Respondent shall comply with 327 IAC 15-5-7 by preventing sediment from entering the waters of the State in accordance with the plan and the methods outlined in the Indiana Handbook for Erosion Control in Developing Areas from the IDNR, Division of Soil Conservation. These measures shall be adequate in size and location to control the area of run-off and to prevent off-site sedimentation. Documentation of adequate placement and appropriate erosion control measures may be verified and approved by an IDNR representative.
  7. Beginning on the Effective Date of this Order, the Respondent shall inspect Sandhill Estates Subdivision construction project on a twice-per-month basis and after rainfall events to ensure that all erosion and sediment control measures are properly maintained, (for example, remove accumulated sediment from behind silt fences and storm inlets, assure that conveyance channels and swales are stabilized, and install additional erosion control measures if determined necessary). The inspections and their results shall be documented in a log maintained for documentation and review purposes. Information in the log shall include, but not be limited to, the date and time of inspection, results/observations found during the inspection, person or persons conducting the inspections, and any corrective measures conducted as a result of deficiencies found during the inspections. The log shall be maintained on site so that it is available for review.
  8. All submittals required by this Order, with the exception of the ESCP, unless notified otherwise in writing, shall be sent to:

    9.  

    Ms. Aletha Lenahan, Enforcement Case Manager

    Water Enforcement Section

    Office of Enforcement

    Indiana Department of Environmental Management

    Room N1315

    100 N. Senate Avenue

    P. O. Box 6015

    Indianapolis, IN 46206-6015

  9. The Respondent shall pay a civil penalty of Eight Thousand, Five Hundred Dollars ($8,500) for the aforementioned violations. This penalty shall be remitted to the Department of Environmental Management within 30 days of the Effective Date of this Order. The check shall be made payable to the Environmental Management Special Fund, with the Case Number, 2001-10808-W indicated on the check and mailed to:

    10. Cashier

    IDEM

    100 N. Senate Avenue

    P.O. Box 7060

    Indianapolis, Indiana 46207-7060

  10. This Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Order.
  11. 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 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. 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 IDEM

ISTA Building Indiana Government Center North

150 W. Market Street, Suite 618 100 N. Senate

Indianapolis, Indiana 46204 P.O. Box 6015

Indianapolis, Indiana 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 and your right to judicial review of the Order. The petition for administrative review must contain the following information:

    1. 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. 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
    1. entitled to review under any law.

4. Statement with particularity 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.
    2. 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. Statement that indicates 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 9/9/02

______________________________

Lori F. Kaplan

Commissioner

 

cc: U.S. EPA, Region 5, Office of Water

Bruce Watson, Greene County Soil Water Conservation District

Ms. Sharon Hall, Stormwater Specialist, Division of Soil Conservation, IDNR

Mr. Randy Braun, Chief, Stormwater and Sediment Control Program, IDNR

http://www.state.in.us/idem

bcc: OLC (Mary Ann Habeeb)

E-File (2001-10808-W)

P-File (Greene County)

Originator (Aletha Lenahan)

OWM Compliance Evaluation Section (Don Daily)

OWM Data Management Section (Chuck Dunn)

OWM Pretreatment & Urban Wet Weather (Jay Davis)

cc info: Ms. Sharon Hall, Stormwater Specialist

Indiana Department of Natural Resources

Division of Soil Conservation

1931 Liberty Drive

Bloomington

Bruce Watson, Resource Specialist

Greene County Soil Water Conservation District

30 West Indiana Avenue

Suite 2

Bloomfield, Indiana 47424-1257