NOTICE OF VIOLATION
|
To: |
Mr. Scott A. Pitcher, President and Registered Agent |
|
|
|
To: |
Mr. Thomas L. Harrold, Registered Agent Twenty-First Century, L.L.C. 110 North Washington Street, Suite 300 Kokomo, Indiana 46901 |
Case Nos. 2000-9906-W and 2001-10608-W
Based on investigations by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 23 and December 20, 1999, and March 6, May 8 and 18, June 20 and 26, July 26, September 18, October 5, November 2, and December 5, 2000, Twenty-First Century, L.L.C., which owns Chrystal Woods Subdivision, a residential subdivision located at 700 South Dixon Road, Kokomo, Howard County, Indiana, and Fortune Management, Inc., which is developing Chrystal Woods Subdivision for Twenty-First Century, L.L.C., are in violation of the following environmental statute(s), rule(s), and/or permit(s):
A. Pursuant to 327 IAC 15-5-6, all information required under 327 IAC 15-3 and 327 IAC 15-5-5, specifically a Notice of Intent (NOI) letter and all related information, shall be submitted to the commissioner prior to the initiation of land disturbing activities. Twenty-First Century, L.L.C., and/or Fortune Management, Inc., failed to submit an NOI letter prior to initiating land disturbing activities at Chrystal Woods Subdivision, on or before November 23, 1999, in violation of 327 IAC 15-5-6.
B. Pursuant to 327 IAC 15-5-7(a), the operator shall develop an erosion control plan, in accordance with the requirements under this section. Twenty-First Century, L.L.C., and/or Fortune Management, Inc., failed to develop an erosion control plan for Chrystal Woods Subdivision prior to initiating land disturbing activities on or before November 23, 1999, in violation of 327 IAC 15-5-7.
C. Pursuant to 327 IAC 15-5-7(b), the following requirements for erosion control measures shall be met on the site during the period when land disturbing activities occur:
1. Sediment-laden water shall be detained on-site by erosion control practices that minimize sedimentation in the receiving stream.
2. Appropriate measures shall be taken to minimize or eliminate wastes or unused building materials being carried from the site by run-off.
3. Sediment tracked from the site onto public or private roadways shall be minimized.
4. Public and private roadways shall be kept clear of accumulated sediment.
5. All on-site storm drains shall be protected against sedimentation by appropriate and acceptable methods.
6. Storm water drainage from adjacent areas that naturally pass through the site shall either be diverted from disturbed areas or the existing channel must be protected or improved to prevent erosion and sedimentation from occurring.
7. Run-off from a disturbed area shall be controlled by either appropriate vegetative practices, the implementation of an erosion control plan that includes appropriate erosion control measures, or both.
Twenty-First Century, L.L.C., and/or Fortune Management, Inc., failed to implement and maintain appropriate erosion control measures at Chrystal Woods Subdivision, as observed on November 23 and December 20, 1999, and March 6, May 8, May 18, June 20, June 26, July 26, September 18, October 5, November 2, and December 5, 2000; and to keep public and private roadways clear of accumulated sediment as observed on June 26, November 2, and December 5, 2000; in violation of 327 IAC 15-5-7(b).
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 Susan Baker at 317/233-5974 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:
Signed 7/26/01
Date: ________________________ ______________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement