NOTICE OF VIOLATION
Via Certified Mail# _______________
Via Certified Mail#_______________To: Portrait Homes L.L.C. Tina Pasquinelli
6880 N. Frontage Rd. Portrait Homes L.L.C.
Suite 100 8250 Haverstick Road
Burr Ridge, Illinois 60527 Suite 110
Indianapolis, Indiana 46240
Via Certified Mail# _______________
Portrait Homes L.L.C.
C.T. Corporation System, Registered Agent
36 S. Pennsylvania Street
Suite 700
Indianapolis, Indiana 46204
Case No. 2003-12708-W
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) and a record review regarding the Park Side sanitary sewer project (Project No. M-14486) located Indianapolis, Indiana, Portrait Homes L.L.C., has been determined to be in violation of the following environmental rule:
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, including a sanitary sewer, without a valid construction permit issued by IDEM.
An investigation by an IDEM representative revealed that the Park Side sanitary sewer project, located on the east side of Georgetown Road between 52nd Street and 47th Street, then continuing south to the north side of Interstate 65, in Indianapolis, Indiana, was constructed by Portrait Homes L.L.C. in September of 2002. IDEM issued a construction permit (Park Side Sanitary Sewer Permit Approval No. 15438), on October 28, 2002. Therefore, the record review indicated that construction of the Park Side sanitary sewer project occurred prior to the issuance of the construction permit by IDEM, in violation of 327 IAC 3-2-1.
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.
Please contact Terry Ressler, Case Manager, at 317/232-8433 within 15 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 60 day settlement period.
For the Commissioner:
Date: _______________ __Signed 4/4/03_________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Marion County Health Department
Indianapolis Department of Public Works
U.S. EPA, Region 5, Water Section