Indiana Department of Environmental Management Indiana Department of Environmental Management
Frank O'Bannon
100 North Senate AvenueGovernor P.O. Box 6015
Lori F. Kaplan
(317) 232-8603
Indianapolis, Indiana 46206-6015
Commissioner (800) 451-6027 www.ai.org/idem
NOTICE OF VIOLATION
Via Certified Mail#
To: Hamilton Logging, Inc.
Attn: Robert E. Hamilton
1335 Inverness Farms Road
Martinsville, IN 47151
Case No. 2001-11076-S
Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on October 2, 2001, at property owned by Dr. Fred Hendricks, located along Fields Road, Jefferson Township, Salem, Washington County, Indiana (the "Site"), Hamilton Logging, Inc. is in violation of the following environmental rule:
Pursuant to 327 IAC 2-6.1-7, any person who operates, controls or maintains any mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state contain the spill, if possible, to prevent additional spilled material from entering the waters of the state; undertake or cause others to undertake activities needed to accomplish a spill response; and as soon as possible, but within two (2) hours of discovery, communicate a spill to the Department of Environmental Management, Office of Land Quality. Equipment owned and operated by Hamilton Logging, Inc. leaked an undetermined amount of petroleum liquids to soils which Hamilton Logging, Inc. did not respond to, report or clean up.
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that violations 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 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 13-23-14, the Commissioner may assess penalties of up to $25,000 per day for each violation.
To discuss this matter further, please contact Tom Newcomb at (317) 232-8410 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 1/29/2002)
Felicia A. Robinson
Deputy Commissioner
For Legal Affairs
cc: Washington County Health Department
http://www.state.in.us/idem
Enforcement File