NOTICE OF VIOLATION
Via Certified Mail #:
James D. Wise, Registered Agent
HSW Developers, Inc.
603 N. Wayne Street, Suite 2B
Angola, Indiana, 46703
Case No. 2001-10589-W
Designated representatives of the Indiana Department of Environmental Management (IDEM) have conducted a record review of the HSW Developers, Inc. (HSW) sanitary sewer construction project. Herrington Heights, Phase I, Subdivision is located on the north side of Cavalry Lane, east of SR 827, Angola, Steuben County, Indiana. Based on the record review conducted on June 21, 2001, HSW Developers, Inc. which owns and operates Herrington Heights, Phase I, Subdivision, has been found in violation of Indiana Administrative Code (IAC) 327 IAC 3-2-1 and has violated the following environmental rules and statutes:
Pursuant to 327 IAC 3-2-2(d), construction shall not commence until all necessary state approvals and permits are obtained.
On April 17, 2001, a construction permit application including plans and specifications was submitted to IDEM for review and approval of the Herrington Heights, Phase I, Subdivision sanitary sewer system project.
On May 30, 2001, HSW Developers, Inc. submitted additional information requested by IDEM, for the Herrington Heights, Phase I, Subdivision sanitary sewer construction project.
On June 18, 2001, the complete construction permit application was reviewed and approved by IDEM.
On June 21, 2001, a representative of IDEM's Facility Construction Section, Office of Water Quality (OWQ) became aware of construction on this project, which began sometime prior to the effective date of the construction permit.
Also, on June 21, 2001, a representative of IDEM's Facility Construction Section, OWQ, called HSW's engineer to verify the date construction actually began. The engineer indicated that he had spoken with both HSW and HSW's excavating firm. HSW's excavating firm indicated that they would go ahead with construction without the signed and approved construction permit. HSW's engineer determined that construction began at least one (1) week prior to the telephone conversations on June 21, 2001.
Because HSW commenced the sanitary sewer system construction project at Herrington Heights, Phase I, Subdivision prior to the effective date of the construction permit, it is 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 Aletha Lenahan, Enforcement Case Manager, at (317) 232-8407 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: August 3, 2001 Signed by: Felicia Robinson
Felicia A. Robinson
Assistant Commissioner of Enforcement
cc: Steuben County Health Department
U.S. EPA, Region V, Water Section