NOTICE OF VIOLATION
Via Certified Mail# _______________
Via Certified Mail# _______________To: Joe Evans, Chairman To: Kevin R. Chaffee, President and
Board of Trustees Registered Agent
Delaware County Regional Chaffee and Associates, Inc.
Wastewater District 204 South St.
100 West Main Street Batesville, Indiana 47006
Muncie, Indiana 47035
Via Certified Mail# _______________ Via Certified Mail# _______________
To: Todd LaCosse, President To: C.T. Corporation, Registered Agent
Midwest Contractors of Michigan, Inc. Midwest Contractors of Michigan, Inc.
4299 Aztec Way 36 S. Pennsylvania Street
Okemos, Michigan 48864 Suite 700
Indianapolis, Indiana 46204
Case No. 2001-10509-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) of the Royerton Area Sanitary Sewer Project located in Hamilton Township of Delaware County, Indiana, the Delaware County Regional Wastewater District, Chaffee and Associates, Inc., and Midwest Contractors of Michigan, Inc. have violated the following environmental rules and provisions of the construction permit, approval number L-0062R (the "construction permit"):
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 the construction permit, issued on September 17, 1999 by IDEM to the Delaware County Regional Wastewater District for the Royerton Area Sanitary Sewer Project, the Delaware County Regional Wastewater District is authorized to construct the water pollution treatment/control facilities described in the construction permit, in accordance with the terms and conditions set forth in the construction permit, 327 IAC 3, and the approved plans and specifications.
Pursuant to Part II.1 of the construction permit, no significant or material changes in the scope of the plans or construction of the project shall be made unless the following provisions are met:
a. A request for permit modifications is made 60 days in advance of the proposed significant or material changes in the scope of the plans or construction;
b. A detailed statement of such proposed changes is submitted;
d. A revised construction permit is obtained from IDEM.
Chaffee and Associates, Inc. serves as the consulting engineer for the Royerton Area
Sanitary Sewer Project and has provided inspection services during construction of the project. Midwest Contractors of Michigan, Inc. serves as the original general contractor for the Royerton Area Sanitary Sewer Project and has performed the construction of the sanitary sewers.
IDEM investigations of the Royerton Area Sanitary Sewer Project included: site visits on
April 3, May 23, and May 24, 2001; a review of the "Manhole Inspection File & Photo Log" submitted by the Delaware County Regional Wastewater District to IDEM in May 2001; and a review of the "as-built" plans and the "Post-Construction Inspection Report" prepared by Commonwealth Engineers, Inc., and submitted to IDEM on August 1, 2001. The IDEM investigations revealed failures to construct in accordance with the approved plans and specifications and provisions of 327 IAC 3, in violation of the construction permit and 327 IAC 3. The failures include, but are not necessarily limited to the following:
A failure to comply with Part 1.11, Section 01500 of the approved specifications, which states that excavations will be maintained free of water, and pumping equipment will be provided, operated, and maintained to maintain stability against uplift during construction.
A failure to comply with 327 IAC 3-6-20, which states that all water entering a sanitary sewer project excavation, prior to construction completion, shall be removed.
A failure to comply with Part 2.01 and Part 2.02, Section 02640 of the approved specifications and 327 IAC 3-6-16, which contain technical standards for the manhole sections, the lid and frame, the connections, and the grade rings.
A failure to comply with Part 3.04 (C), Section 02535 of the approved specifications and 327 IAC 3-6-5(b), which require, in part, all drinking water wells to be located prior to sewer main installation.
A failure to comply with Part 3.04(C), Section 02535 of the approved specifications, which requires that a minimum 10 feet (50 feet if practical) separation distance shall be maintained between private wells and pressure sewer mains and pressure sewer laterals, and further requires that a minimum separation of 50 feet shall be maintained between private wells and gravity sewer mains unless pressure sewer grade pipe is used and pressure tested in accordance with this section.
A failure to comply with Part 2.01 and Part 3.03 of Section 02316, and Part 2.01 of Section 02240 of the approved specifications, Page D, 1 of the approved plan sheets, and 327 IAC 3-6-18, which contain the specifications for sewer pipe initial backfill and subsoil backfill.
A failure to comply with 327 IAC 3-6-12, which contains the slope requirements for gravity sewers.
In addition, investigations by IDEM have indicated that significant and material changes
in the scope of the plans or construction of the Royerton Area Sanitary Sewer Project have occurred during construction. These changes to the project were made without submittal of a request for permit modification, without submittal of a detailed statement of such proposed changes, without submittal of revised plans and specifications, and without obtaining a revised construction permit from IDEM, in violation of Part II.1 of the construction permit and 327 IAC 3-2-1.
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.
To discuss this matter further, please contact Terry Ressler, case manager, at 317/232-8433 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.
For the Commissioner:
Date: _______________ __Signed 9/18/01___
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Delaware County Health Department
U.S. EPA, Region V, Water Section