NOTICE OF VIOLATION
Via Certified Mail# _______________
To: Bruce Gunstra, President and Registered Agent
Bruce Gunstra Builders, Inc.
2150 Market Square
Lafayette, Indiana 47904
Case No. 2001-10733-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) and a record review regarding the Shawnee Ridge Subdivision, Phase 1 (formerly known as Battlefield Heights Subdivision, Phase 1), and the Shawnee Ridge Subdivision, Phase 2 development projects, located on County Road 600 North, 0.6 miles east of State Road 43, in Tippecanoe County (the Sites), Bruce Gunstra Builders, Inc. as developer and operator for the developments, has been determined to be in violation of the following environmental rules:
A. Pursuant to 327 IAC 15-5-7(a), the operator shall develop an erosion control plan (also known as a soil and erosion control plan or SECP) in accordance with the requirements under this section. The SECP 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 15-5-7(d), all erosion control measures required to comply with this rule shall meet the design criteria, standards, and specifications for erosion control measures established by the department in guidance documents similar to, or as effective as, those outlined in the Indiana Handbook for Erosion Control in Developing Areas from the division of soil conservation, IDNR and the Field Office Technical Guide from the Natural Resources Conservation Service.
Pursuant to 327 IAC 15-5-5(4), the operator must certify that the erosion control measures in the SECP comply with applicable state, county, or local erosion control requirements; the erosion control measures will be implemented in accordance with the plan; and that appropriate state, county, or local erosion control authority and the soil and water conservation district office have been sent a copy of the plan for review.
Bruce Gunstra Builders, Inc.’s SECP, as submitted for the Shawnee Ridge Subdivision, Phase 1 on July 23, 1999, was found to be inadequate, in that it did not satisfy the minimum requirements and intent of 327 IAC 15-5. Bruce Gunstra Builders, Inc.’s failure to submit an acceptable SECP, and its failure to receive approval of its SECP prior to initiation of land disturbing activities at the Shawnee Ridge Subdivision, Phase 1 are in violation of 327 IAC 15-5-7(a) and (d) and 327 IAC 15-5-5(4).
B. Pursuant to 327 IAC 15-5-7(b), the following requirements for erosion control measures shall be met on the Sites 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.
Pursuant to 327 IAC 15-5-7(c), during the period of construction at the Site, all erosion control measures necessary to meet the requirements of this rule shall be maintained by the operator.
Based on site visits/inspections conducted by IDNR and the Tippecanoe County SWCD, Bruce Gunstra Builders, Inc. failed to assure that erosion control measures were implemented and maintained at the Sites from August 10, 1999 to June 20, 2001, and failed to assure that off-site sedimentation did not occur during the period of construction activity from August 24, 1999 to June 20, 2001. Specifically the following violations of 327 IAC 15-5-7(b) and (c) were in existence at the time of the site visits/inspections:
1. Sediment-laden water was not detained on-site by erosion control practices that minimize sedimentation in the receiving stream, and appropriate measures were not taken to minimize or eliminate wastes or unused building materials being carried from the site by run-off, as noted during inspections conducted on August 24, 1999, February 24, 2000, March 6, 2001, March 16, 2001, May 24, 2001, June 14, 2001, and June 20, 2001.
2. Sediment tracked from the site onto public or private roadways was not minimized, and public and private roadways were not kept clear of accumulated sediment, as noted during inspections conducted on June 7, 2000, March 6, 2001, March 16, 2001, and May 24, 2001.
3. All on-site storm drains were not protected against sedimentation by appropriate and acceptable methods, as noted during inspections conducted on March 6, 2001, March 16, 2001, May 24, 2001, June 14, 2001, and June 20, 2001.
4. Run-off from the disturbed area was not controlled by either appropriate vegetative practices, the implementation of an erosion control plan that includes appropriate erosion control measures, or both, as noted during inspections conducted on August 10, 1999, August 24, 1999, September 2, 1999, February 24, 2000, June 7, 2000, March 6, 2001, March 16, 2001, May 24, 2001, June 14, 2001, and June 20, 2001.
5. During the period of construction at the Sites, all erosion control measures necessary to meet the requirements of this rule were not maintained by the operator, as noted during inspections conduced on February 24, 2000, March 6, 2001, March 16, 2001, May 24, 2001, June 14, 2001, and June 20, 2001.
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 or other relevant information that may be relevant. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violations 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 Terry Ressler, Case Manager, at 317/232-8433 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 draft Agreed Order, please contact the Case Manager and a signed copy of the Agreed Order will be sent to you. In which case you will need to 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 10/18/01_______
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Tippecanoe County Soil and Water Conservation District
IDNR, Division of Soil Conservation
U.S. EPA, Region 5, Water Section