NOTICE OF VIOLATION

 

Via Certified Mail #: _________________ Via Certified Mail #: ___________________

Mr. Walter Wilson, Commissioner Mr. Richard A. Harvey, Registered Agent

Fountain County Commissioners George R. Harvey & Son, Inc.

301 4th Street 964 N. State Road 39

Covington, Indiana 47932 Danville, Indiana 46122

 

Via Certified Mail #: _________________

Mr. George F. Harvey, President

George R. Harvey & Son, Inc.

964 N. State Road 39

Danville, Indiana 46122

 

Case Nos.: 2002-12493-W & 2002-12494-W

Designated representatives of the Indiana Department of Environmental Management (IDEM) and the Indiana Department of Natural Resources (IDNR) have conducted a record review and on-site evaluations of the Bridge #7 construction project, Contract B-26171, DES No. 9884870 (the bridge construction project), near Silverwood, Fountain County, Indiana. The Fountain County Commissioners, as funding administrator and operator and George R. Harvey & Son, Inc., as the construction contractor for the bridge construction project, have been determined to be in violation of the following environmental rules:

Pursuant to 327 IAC 15-5-7(b), the following requirements shall be met on all sites during the period when active land disturbing activities occur:
    1. Sediment-laden water shall be detained on-site by erosion control practices that minimize sedimentation in the receiving stream.

    2. Appropriate measures shall be taken to minimize or eliminate wastes or unused building materials being carried from the site by run-off.

    3. Sediment tracked from the site onto public or private roadways shall be minimized.

    4. Public and private roadways shall be kept clear of accumulated sediment.

    5. All on-site storm drains shall be protected against sedimentation by appropriate and acceptable methods.

    6. Storm water drainage from adjacent areas that naturally pass through the site shall either be diverted from disturbed areas or the existing channel must be protected or improved to prevent erosion and sedimentation from occurring.

    7. Run-off from a disturbed area shall be controlled by either appropriate vegetative practices, the implementation of an erosion control plan that includes appropriate erosion control measures, or both.

Pursuant to 327 IAC 15-5-7(c), during the period of construction at a site, all erosion control measures necessary to meet the requirements of this rule shall be maintained by the operator.

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:
      1. that will settle to form putrescent or otherwise objectionable deposits;
      2. that are in amounts sufficient to be unsightly or deleterious;
      3. that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;
      4. which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans:
      5. 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.

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.

Based on three site visits and inspections conducted by IDNR, on September 23, 2002, October 7, 2002 and November 13, 2002, the Fountain County Commissioners and George R. Harvey & Son, Inc. failed to assure that erosion control measures were implemented and maintained at the Site and assure that off-site sedimentation did not occur during the period of construction activity on or about Sept 23, 2002 to present. Specifically, the on-site evaluations documented that the Fountain County Commissioners and George R. Harvey & Son, Inc. failed to adequately protect disturbed creek banks and adjacent areas through seeding; failed to install silt fencing or other appropriate erosion and sediment control measures; and failed to pump sediment laden discharge directly to Coal Creek, causing sediment deposition into Coal Creek, in violation of 327 IAC 15-5-7(b) and (c), 327 IAC 2-1-6(a) and 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 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 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 Aletha Lenahan, Case Manager, at (317) 232-8407 within 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: ___5/12/03____________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs