7
NOTICE OF VIOLATION
Via Certified Mail# _______________
To: Patrick Goodwin, President
City of Terre Haute Board of Sanitary Commissioners
City Hall Room 200
17 Harding Avenue
Terre Haute, Indiana 47807
Case No. 2001-10770-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) and a record review regarding the City of Terre Haute Sanitary District Project 18 sanitary sewer extension project (the Site), located beginning south of the Vigo County fairgrounds to the Vigo County Airport, in Vigo County, Indiana, the City of Terre Haute Board of Sanitary Commissioners, as developer and operator for the Site, has been determined to be in violation of the following environmental rules:
A. Pursuant to 327 IAC 15-5-6, all information required under 327 IAC 15-3 and 327 IAC 15-5-5, specifically a NOI letter and all related information, shall be submitted to the commissioner prior to the initiation of land disturbing activities. The City of Terre Haute Board of Sanitary Commissioners initiated land disturbing activities at the Project on or before December 4, 2000. A NOI letter for the Project was received by IDEM on February 16, 2001, and the required fee for the NOI was received for the Project on February 26, 2001. The Respondent failed to submit a NOI letter prior to initiating land disturbing activities, 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 (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.
The City of Terre Haute Board of Sanitary Commissioners' SECP for the Site was submitted on December 8, 2000, after initiation of land disturbing activity. Upon review by IDNR and the Vigo County SWCD, the SECP was found to be inadequate, in that it did not satisfy the minimum requirements and intent of 327 IAC 15-5. A revised SECP for the Site was submitted on February 8, 2001. Upon review by IDNR and the Vigo County SWCD, the revised SECP was also found to be inadequate. Additional revisions to the SECP were submitted, and on June 5, 2001, IDNR approved the SECP with comments regarding information that should be incorporated into the plan. The City of Terre Haute Board of Sanitary Commissioners' failure to submit a SECP, its failure to submit an acceptable SECP, and its failure to receive approval of its SECP prior to initiation of land disturbing activity at the Site, are in violation of 327 IAC 15-5-7(a) and (d) and 327 IAC 15-5-5(4).
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.
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 Vigo County SWCD, the City of Terre Haute, Board of Sanitary Commissioners failed to assure that erosion control measures were implemented and maintained at the Site from on or before December 4, 2000 to September 25, 2001, and failed to assure that off-site sedimentation did not occur during the period of construction activity from on or before February 1, 2001 to August 23, 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 site visits conducted on December 4, 2000, and March 29, 2001, and during inspections conducted on February 1, 2001, May 17, 2001, August 23, 2001, and September 25, 2001.
2. 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 site visits conducted on December 4, 2000 and March 29, 2001, and during inspections conducted on February 1, 2001, May 17, 2001, and August 23, 2001.
3. During the period of construction at the Site, all erosion control measures necessary to meet the requirements of this rule were not maintained by the operator, as noted during site visits conducted on December 4, 2000, and March 29, 2001, and during inspections conduced on February 1, 2001, May 17, 2001, and August 23, 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 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 11/29/01_______
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Vigo County Soil and Water Conservation District
IDNR, Division of Soil Conservation
U.S. EPA, Region 5, Water Section