NOTICE OF VIOLATION
Via Certified Mail# _______________
To: The Honorable Paul Tremain, Sr., Mayor
City of Lawrenceburg
405 Main Street
Lawrenceburg, Indiana 47025
Case No. 2001-10177-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), including a records review of the Lawrenceburg Industrial Park Sanitary Sewer system (the ASite@) located along Charles A. Labble Drive, Lawrenceburg, in Dearborn County, Indiana, you were in violation of the following environmental rules:
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.
Pursuant to 327 IAC 3-2-2(d), construction shall not commence until all necessary state approvals and permits are obtained. The City of Lawrenceburg commenced construction of the Lawrenceburg Industrial Park Sewer system prior to the issuance of the construction permit by IDEM on January 9, 2000, in violation of 327 IAC 3-2-1 and 327 IAC 3-2-2(d).
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.
Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.
If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.
Please contact Paul Cluxton at 317/232-8432 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.
For the Commissioner:
Date: _______________ (Signed February 15, 2001)
Felicia A. Robinson
Assistant Commissioner of Enforcement
Enclosure
cc: Mr. Robert J. Hrezo, P.E., Hrezo Engineering
Mr. Mike Buffington, Lawrenceburg Utilities
Dearborn County Health Department