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. B-2164/

) Case No. 1997-4489-W

STONEBRIDGE PARTNERS, L.P. )

PAUL T. HARDIN, PRESIDENT )

)

)

Respondent. )

NOTICE AND ORDER

OF THE COMMISSIONER OF

THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

VIA CERTIFIED MAIL No. ____________________

To: Paul T. Hardin, President

Stonebridge Partners, L.P.

P. O. Box 188

Plainfield, Indiana 46168

This Notice and Order of the Commissioner of the Department of Environmental Management is issued to the Respondent Paul Hardin, for violation of Indiana Administrative Codes (IAC) and Indiana Codes (IC), at the Stonebridge Section II Subdivisions (the "Development"). 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 Natural Resources (IDNR) and the Indiana Department of Environmental Management (IDEM). During the investigation, it was determined that the Respondent was in violation of the National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. INR 100161 (the "Permit"), 327 IAC 15-5-7,327 IAC 2-1-6(a)(1), and IC 13-30-2-1, as specified below:

FINDING OF VIOLATION

1. Pursuant to 327 IAC 15-5-2, the requirements of this rule apply to all persons who:

• do not obtain an individual NPDES permit under 327 IAC 15-2-6;
• meet the general permit rule applicability requirements under 327 IAC 15-2-3; and

c. 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.

• Pursuant to 327 IAC 15-5-7, general conditions for construction activity erosion control measures, the operator shall develop an erosion control plan in accordance with the requirements under this section. The erosion control plan 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. All erosion control measures necessary to meet the requirements of this rule shall be maintained by the operator.



• Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices or other discharges that will settle to form putrescent or otherwise objectionable deposits, that are in amounts sufficient to be unsightly or deleterious, that produce color, odor or other conditions in such degree as to create a nuisance, which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans, and which are in concentrations or combinations that will cause or contributed to cause the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.



• Pursuant to IC 13-30-2-1, a person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant . . . , either alone or in combination with contaminants from other sources, into the environment . . . in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.



• Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation on October 20, 1997, via Certified Mail to:

Paul Hardin John Huber

Stonebridge Partners 11186 South State Road 42

P. O. Box 188 Cloverdale, Indiana 46168

Plainfield, Indiana 46168

• On October 23, 1997, and October 27, 1997, a Notice of Violation was issued, pursuant to IC 13-30-3-3, to the Respondent for violation of 327 IAC 15-5-7, 327 IAC 2-1-6(a)(1) and IC 13-30-2-1.



• The Respondent's violations of the above noted rules and statute are based on information contained in the Notice of Intent (NOI) letter, on-site visits and On-site Evaluations for Erosion and Sediment Control at the Development conducted by IDNR and the Hendricks County Soil and Water Conservation District (SWCD), and other information sources. These documents indicate that the Respondent has violated the above noted rules and statutes as follows:

The Respondent violated provisions of 327 IAC 15-5-7, 327 IAC 2-1-6(a)(1), and IC 13-30-2-1 during the period when land disturbing activities occurred. The Respondent failed to effectively implement and maintain erosion control measures at the Development, thereby resulting in sediment leaving the site. The Respondent failed to keep public or private roadways clear of tracked sediment. The Respondent failed to appropriately incorporate erosion control measures into land disturbing activities. The Respondent also failed to provide protection for storm outlets and inlets. On-site field inspections were conducted by IDNR and the Hendricks SWCD staffs on September 25, 1996, November 22, 1996, December 6, 1996, April 23, 1997, June 4, 1997, July 16, 1997, September 25, 1997, March 17, 1998, and February 29, 2000. Each of these inspections noted violations of the relevant erosion control requirements. Several of the inspections noted "excessive" erosion and sediment leaving the Development.

• The Notice of Violation contained an offer to enter into an Agreed Order containing actions required to correct the violation.



• More than sixty (60) days have elapsed since Respondent was offered the opportunity to enter into an Agreed Order.



• The Respondent has not entered into an Agreed Order resolving these violations.

ORDER

• The Respondent shall immediately cease and desist violations of 327 IAC 15-5-7, IC 13-30-2-1 and 327 IAC 2-1-6(a)(1).
• The Respondent shall immediately take all necessary actions to assure that erosion and sediment control in individual home building is implemented and maintained either by agreements with builders/lot owners for responsibility of installing needed controls or by the developer implementing needed controls to ensure protection of the storm sewer system from sediment entry that outlet directly to White Lick Creek or its tributaries.



• The Respondent shall pay a civil penalty of Fifteen Thousand Dollars ($15,00) for violation of 327 IAC 15-5-7, IC 13-30-2-1 and 327 IAC 2-1-6(a)(1). 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 No. B-2164/Case No. 1997-4489-W indicated on the check(s) and mailed to Cashier, IDEM, 100 N. Senate Avenue, P. O. Box 7060, Indianapolis, IN 46207-7060.



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



• The Respondent shall provide a copy of this 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 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 petitioners' 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, , 2001.

Signed 2/28/01

Lori F. Kaplan

Commissioner

cc: U.S. EPA, Region 5, Water Section

Randy Braun, Program Director

Urban Conservation Program, IDNR

Jim Woody, Resource Specialist, IDNR

Doug Wolf, Resource Specialist, IDNR

Hendricks County Soil Water Conservation District

Guinn P. Doyle, Attorney

http://www.ai.org/idem/