Count A:

1. Pursuant to 327 IAC 15-5-7(a), the operator shall develop an erosion control plan, (also known as an erosion and sediment control plan or ESCP), in accordance with the requirements under this section. The ESCP must assure that erosion control measures are implemented and maintained, and that off-site sedimentation does not occur during the period of construction activity at a site.
2. Pursuant to 327 IAC 15-5-7(d), all erosion control measures required to comply with this rule shall meet the design criteria, standards, and specifications for erosion control measures established by the department in guidance documents similar to, or as effective as, those outlined in the Indiana Handbook for Erosion Control in Developing Areas, now known as the Indiana Stormwater Quality Manual from the division of soil conservation, IDNR and the Field Office Technical Guide from the Natural Resource Conservation Service.
3. Pursuant to 327 IAC 15-5-5(4), the operator must certify that the erosion control measures in the ESCP comply with applicable state, county, or local erosion control requirements; the erosion control measures will be implemented in accordance with the plan; and that an appropriate state, county, or local erosion control authority and the soil and water conservation district office have been sent a copy of the plan for review.
4. 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 from being carried off-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.

5. Pursuant to 327 IAC 15-5-7(c), during the period of construction at the Site, all erosion

control measures necessary to meet the requirements of this rule shall be maintained by the operator.

Based on site visits and inspections conducted by IDNR at the Anevski Rough Grading project, the Developer failed to assure that erosion control measures were implemented and maintained at the Site, and failed to assure that off-site sedimentation did not occur during the period of construction activity from June 12, 2003 to October 16, 2003, in violation of 327 IAC 15-5-7(a), (b), (c), and (d). and 327 IAC 15-5-5(4).

 

Count B:

6. Pursuant to 327 IAC 15-5-7(a), the operator shall develop an erosion control plan, (also known as an erosion and sediment control plan or ESCP), in accordance with the requirements under this section. The ESCP must assure that erosion control measures are implemented and maintained, and that off-site sedimentation does not occur during the period of construction activity at a site.
7. Pursuant to 327 IAC 15-5-7(d), all erosion control measures required to comply with this rule shall meet the design criteria, standards, and specifications for erosion control measures established by the department in guidance documents similar to, or as effective as, those outlined in the Indiana Handbook for Erosion Control in Developing Areas, now known as the Indiana Stormwater Quality Manual from the division of soil conservation, IDNR and the Field Office Technical Guide from the Natural Resource Conservation Service.
8. Pursuant to 327 IAC 15-5-5(4), the operator must certify that the erosion control measures in the ESCP comply with applicable state, county, or local erosion control requirements; the erosion control measures will be implemented in accordance with the plan; and that an appropriate state, county, or local erosion control authority and the soil and water conservation district office have been sent a copy of the plan for review.
9. 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 from being carried off-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.

10. Pursuant to 327 IAC 15-5-7(c), during the period of construction at the Site, all erosion

Based on site visits and inspections conducted by IDNR, the Developer failed to assure that erosion control measures were implemented and maintained at the Site, and failed to assure that off-site sedimentation did not occur during the period of construction activity at the JTS Plaza Expansion project, from October 16, 2003 to December 15, 2003, in violation of 327 IAC 15-2-5(a), 327 IAC 15-5-6, 327 IAC 15-5-7(a), (b), (c), and (d). and 327 IAC 15-5-5(4).

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 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 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 Dave Knox at (317) 233-5975 within fifteen days after receipt of this Notice to request a conference.

For the Commissioner:

Deputy Commissioner for Legal Affairs

cc: U.S. EPA Region 5, Water Section