NOTICE OF VIOLATION
Via Certified Mail #
___________________|
To: |
Mr. Bryan Phillips, Registered Agent Ellettsville Holdings, L.L.C. 721 West National Avenue West Terre Haute, Indiana 47885 |
Case No. 2003-13297-W
Based on investigation by designated representatives of the Indiana Department of Environmental Management ("IDEM") from April 1, 2003, through September 3, 2003, Ellettsville Holdings, L.L.C., owner of the Tuscano Mall, a commercial retail development located at 5225 West State Road 46, in Bloomington, Monroe County, Indiana, is in violation of the following environmental statute and rules:
Pursuant to Indiana Code ("IC") 13-30-2-1(7), a person may not construct, install, operate, or modify any equipment or facility of any type that may cause or contribute to pollution, or be designed to prevent pollution, without prior approval of the department.
Pursuant to 327 Indiana Administrative Code ("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.
Pursuant to 327 IAC 3-2-2(d), construction shall not commence until all necessary state approvals and permits are obtained.
Ellettsville Holdings, L.L.C., initiated construction of approximately 490 feet of 12" sanitary sewer line to serve the Tuscano Mall on or about March 5, 2003, prior to obtaining all necessary state approvals and permits, including but not limited to, approval by IDEM and/or a valid construction permit issued by the commissioner of IDEM, in violation of IC 13-30-2-1(7), 327 IAC 3-2-1, and 327 IAC 3-2-2(d).
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 Susan Baker at 317/233-5974 within 15 days after receipt of this Notice regarding your intent to settle this matter.
For the Commissioner:
Date: ________________________ Original signed on 1/5/04 by
Felicia A. Robinson
Deputy Commissioner for Legal Affairs
cc: U.S. EPA, Region 5, Office of Water
Kurt Hayes, Eastern Richland Sewer Corporation