NOTICE OF VIOLATION
Via Certified Mail #
___________________ Via Certified Mail # ___________________|
To: |
D. R. Williamson, President Rogers Group, Inc. P.O. Box 25250 Nashville, TN 37202 |
To: |
C T Corporation System, Registered Agent Rogers Group, Inc 36 S. Pennsylvania St., Suite 700 Indianapolis, IN 46204 |
Case No. 2002-11163-W
Based on a site investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on October 24, 2001, Rogers Group, Inc., Bloomington Crushed Stone operation, located at 1100 Oard Road, in Bloomington, Monroe County, Indiana, is in violation of the following environmental statutes and rules:
A. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained prior to the discharge. Rogers Group, Inc. was observed discharging water from its Bloomington Crushed Stone operation into the South Fork of Richland Creek on or about October 24, 2001 without a valid NPDES permit obtained prior to the discharge, in violation of 327 IAC 5-2-2.
B. Pursuant to IC 13-30-2-1, no person may discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violates rules, standards, or discharge or emission requirements adopted by the appropriate board pursuant to this title. On or about October 24, 2001, Rogers Group, Inc. was observed discharging water from its Bloomington Crushed Stone operation into the South Fork of Richland Creek, which caused pollution that violated 327 IAC 5-2-2 (a rule adopted by the Water Pollution Control Board), in violation of IC 13-30-2-1.
C. Pursuant to 327 IAC 2-1-6(a) all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:
(a) that will settle to form putrescent or otherwise objectionable deposits;
(b) that are in amounts sufficient to be unsightly or deleterious;
(c) that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;
(d) which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans; and
(e) which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.
Rogers Group, Inc. caused or contributed to the contamination of waters of the state from its Bloomington Crushed Stone operation by allowing quarry water containing silt in amounts sufficient to be unsightly or deleterious to discharge into the South Fork of Richland Creek on or about October 24, 2001, in violation of 327 IAC 2-1-6(a).
D. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under sections 1 and 3 of this chapter. On or about October 24, 2001, Rogers Group, Inc., Bloomington Crushed Stone operation caused or contributed to a polluted condition of waters of the state by discharging water containing silt into the South Fork of Richland Creek, in violation of 327 IAC 2-1-6(a) and thus violating IC 13-18-4-5.
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.
Please contact within Mark Stanifer at 317/232-8431 fifteen 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 Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty day settlement period.
For the Commissioner:
Original signed 2-25-2002
Date: ________________________ ______________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
Enclosure
cc: U.S. EPA, Region 5, Office of Water
Monroe County Health Department
bcc: Mark Stanifer, OE : (w/enclosure)
Candace Vogel, OLC : (w/enclosure)
OE E-File: (w/enclosure)
Don Daily, OWQ Compliance Evaluation Section
Ron Pearson, OWQ Inspection Section: (w/enclosure)
Charles Dunn, OWQ Data Management Section
Reggie Baker, OWQ Wet Weather Section