NOTICE OF VIOLATION



 
Via Certified Mail # ___________________

Mr. Thomas J. Fleming, President

Fleming Realty, Inc.

736 N. Main Street

Crown Point, IN 46307

 Via Certified Mail # ___________________

Ms. Patricia A. Fleming, Secretary

Fleming Realty, Inc.

841 W. South Street

Crown Point, IN 46307

Case No. 2001-10888-W

Designated representatives of the Indiana Department of Environmental Management ("IDEM") have conducted a record review of the sanitary sewer line constructed and/or installed by Fleming Realty, Inc. ("Fleming Realty"), as owner and developer of the 39 lot residential subdivision known as Penn Oak Estates, Unit I, located at the intersection of East South Street and Route 53, Crown Point, Lake County, Indiana ("Site"). Based on the record review, Fleming Realty has been found in violation of the following environmental rules:

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 327 IAC 3-2-2(d), construction shall not commence until all necessary state approvals and permits are obtained.

According to information submitted to IDEM, including but not limited to plans and specifications ("As-builts") submitted on August 17, September 25, and October 29, 2001, Fleming Realty commenced and completed construction and/or installation of the 8-inch sanitary sewer line project for the Site and connected to collection system for the City of Crown Point's municipal wastewater treatment plant ("WWTP"), on or before November 11, 1999, prior to obtaining a valid construction permit, 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 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 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 Ms. Stacie Tucker, Environmental Manager, at 317/234-0411 within 15 days after receipt of this Notice regarding your intent to settle this matter.
 
 

For the Commissioner: Date:                                                                                                                                 Signed 12/28/03 Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
 
  Enclosures

cc: U.S. EPA, Region 5, Office of Water

Lake County Health Department

City of Crown Point, City Council

Mr. Van Calombaris, Burke Engineering

 http://www.state.in.us/idem