NOTICE OF VIOLATION

 

 

Via Certified Mail Via Certified Mail

# __________________ #

Erma Bowyer, Registered Agent Mark Bowyer

Bowyer Construction, Inc. RR 4, Box 3173

RR 4, Box 3172 Peru, Indiana 46970

Peru, Indiana 46970

Case No. 2002-11343-S Case No. 2002-11457-S

 

Via Certified Mail Via Certified Mail

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Michael L. Bowyer Steven L. Bowyer

RR 4, Box 3173 RR 4, Box 3173

Peru, Indiana 46970 Peru, Indiana 46970

Case No. 2002-11458-S Case No. 2002-11459-S

 

Based on investigations by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 27, 2001, and January 9, 2002, Bowyer Construction; Mark Bowyer; Michael L. Bowyer; and Steven L. Bowyer who own and operate on property located at 500 S 400 W., Peru, Miami County, Indiana (Athe Site@), are in violation of the following environmental statutes, and rules:

A. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination. Regulated solid waste was deposited at the Site; therefore, violating 329 IAC 10-4-2.

B. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited. Regulated solid waste was open dumped at the Site; therefore, violating 329 IAC 10-4-3.

 

 

 

C. Pursuant to IC 13-30-2-1(3), which states a person may not deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one (1) of the boards. Regulated solid waste was deposited at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3. These are rules adopted by the Solid Waste Management Board, therefore, violating IC 13-30-2-1(3).

D. Pursuant to IC 13-30-2-1(4), a person may not deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board. Regulated solid waste was deposited at the Site in a method unacceptable to the solid waste management board in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, therefore, violating IC 13-30-2-1(4).

E. Pursuant to IC 13-30-2-1(5), a person may not dump, cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board. Regulated solid waste was open dumped at the Site in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3. These are rules adopted by the solid waste management board, therefore, violating IC 13-30-2-1(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.

 

To discuss this matter further, please contact Janet Arnold at 317/232-7201 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 June 9, 2002

Felicia A. Robinson

Deputy Commissioner

For Legal Affairs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

cc: Miami County Health Department

Miami County G2A Public File

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