NOTICE OF VIOLATION
| William Swift, President and Registered Agent
Amber Highlands Development Corp. 803 S. Calhoun Street, Suite 300 Fort Wayne, Indiana, 46802 |
Frank A. Hoffman, President
AquaSource/Utility Center, Inc. Cherrington Corporate Center 200 Corporate Center Drive, Suite 300 Coraopolis, Pennsylvania 15108 |
CT Corporation, Registered Agent
Utility Center, Inc. d/b/a AquaSource 1 N. Capitol Avenue Indianapolis, Indiana 46204 |
Case Nos. 2002-11162-W & 2002-11481-W
Designated representatives of the Indiana Department of Environmental Management (IDEM) have conducted a record review of the Amber Highlands Development Corp. ("Amber Highlands"), owner of the sanitary sewer construction project at Amber Highlands Subdivision, (the "Site"), located at the intersection of Amber Road and US 24; and AquaSource/Utility Center, Inc. ("AquaSource"), which owns and operates the semipublic wastewater treatment plant (WWTP) and collection system, which services the Site. Both the construction project and the WWTP are in Fort Wayne, Allen County, Indiana. Based on the record review conducted on January 3, 2002, Amber Highlands and AquaSource have violated the following environmental rules:
Pursuant to 327 IAC 3-2-2(d), construction shall not commence until all necessary state approvals and permits are obtained.
On July 9, 2001, AquaSource, on behalf of Amber Highlands, submitted a construction permit application, including plans and specifications, to IDEM for review and approval of the Site's sanitary sewer system project to connect to AquaSource's WWTP.
On July 20, 2001, IDEM sent a notice of deficiency to Amber Highlands, with a copy to AquaSource, for the sanitary sewer construction permit application. IDEM required the deficiencies be addressed within 60 days of the date of the July 20, 2001 correspondence.
On August 20, 2001, AquaSource submitted a request for a sewer ban waiver to IDEM, to connect Amber Highlands' sanitary sewer construction project to the Bittersweet lift station, which was to be fully operational by September 5, 2001.
On August 22, 2001, IDEM sent a sewer ban waiver to AquaSource to allow construction of Amber Highlands' sanitary sewer, which would contribute wastewater flow to the Bittersweet lift station and AquaSource's WWTP.
On August 24, 2001, AquaSource, on behalf of Amber Highlands, resubmitted a sanitary sewer construction permit application, including plans and specifications, to IDEM for review and approval of the Site's sanitary sewer system project to connect to AquaSource's WWTP.
On November 15, 2001, IDEM received the resubmitted construction permit application from AquaSource on behalf of Amber Highlands, including a capacity certification allocation letter signed by William Etzler, General Manager of AquaSource, dated November 14, 2001.
On December 7, 2001, IDEM issued the sanitary sewer construction permit for the Site, Approval No. 14948.
On January 3, 2002, Mr. William Swift, President and Registered Agent for Amber Highlands told a representative of IDEM that construction for the sewer project started on or before November 2001.
Amber Highlands commenced construction of the sanitary sewer project for the Site prior to obtaining a valid construction permit, in violation of 327 IAC 3-2-1 and 327 IAC 3-2-2(d).
AquaSource was aware that the construction began and was completed prior to IDEM issuing a valid construction permit to Amber Highlands for the sanitary sewer construction at the Site. AquaSource caused or allowed the construction/installation of a sanitary sewer, without a valid construction permit issued by the commissioner, in violation of 327 IAC 3-2-1 and 327 IAC 3-2-2(d).
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. Aletha Lenahan, Enforcement Case Manager, at (317)
232-8407 within 15 days after receipt of this Notice regarding your intent
to settle this matter.
For the Commissioner:
Date: August 22, 2002
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs