NOTICE OF VIOLATION

Mr. Michael W. Thomas, Registered Agent

Oakmont Development Co. LLC

Deer Track Estates Subdivision

1020 East Dupont Road

Fort Wayne, Indiana 46825
 
 

Case No. 2001-11275-W

Designated representatives of the Indiana Department of Environmental Management (IDEM) have conducted a record review of the Oakmont Development Co., LLC ("Oakmont"), which owns and operates the semipublic wastewater treatment plant (WWTP) and sanitary sewer system that serves Deer Track Estates Subdivision, (the "Site"). The WWTP and the Site are in Auburn, Allen County, Indiana. The WWTP outfall 001, discharge pipe is in DeKalb County, Indiana. Based on the record review conducted on March 12, 2002, Oakmont has been found in violation of Indiana Administrative Code (IAC) 327 IAC 3-2-1, 327 IAC 5-2-2, and has violated the following environmental rules:

  1. 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.


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

    On September 5, 1995, IDEM granted permit approval to Oakmont for construction of a 7,000 gallon per day WWTP, Permit Approval No. 8906. The WWTP construction permit was granted to serve 21 single-family homes at the Site, per the design capacity. Since the construction of the WWTP, Oakmont caused or allowed construction of a lift station, two additional homes, the Spectrum Engineering commercial building, and an 80-acre, 18-hole golf course at the Site. The lift station was installed without a valid construction permit, in violation of 327 IAC 3-2-1 and 327 IAC 3-2-2(d).

  2. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into water 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 National Pollutant Discharge Elimination System (NPDES) permit obtained prior to discharge.
On or before November 17, 1999, the WWTP commenced operation to serve the Site. According to IDEM's records, the WWTP has continuously discharged from its WWTP for at least 28 months without a valid NPDES permit to a field tile through Hilkey Ditch to the St. Joseph River, waters of the state. Oakmont failed to obtain a valid NPDES permit for this wastewater discharge until March 12, 2002, in violation of 327 IAC 5-2-2. 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 Ms. Aletha Lenahan, Enforcement Case Manager, at (317) 232-8407 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.
 
 

For the Commissioner:
 
 
 
 
 
 

Date: April 30, 2002 Signed by: Felicia A. Robinson

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs