NOTICE OF VIOLATION
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VIA CERTIFIED MAIL
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Mr. David L. Epstein, Manager and Registered Agent |
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Lee Development, LLC |
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Case No. 2003-13603-W
Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that Lee Development, LLC (Respondent) has violated environmental statutes and rules. The violations are based on the following:
1. The Respondent owns and operates a real
estate development firm, having its main business office located at
The Respondent’s residential development is a 71-lot
subdivision known as Fox Chase Section 1 and Section 2 (Fox Chase subdivision), located at
C.R. 300 North and C.R. 800 East (a.k.a.
2. 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
Based on record reviews conducted by IDEM representatives, the
Respondent had commenced the construction and/or installation of sanitary sewer
and manholes on or before
In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the action 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.
As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.
If an Agreed Order is not entered into within 60 days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of 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 Ms. Stacie Tucker, Environmental Manager, at 317/234-0411 within 15 days after receipt of this Notice to discuss resolution of this matter.
For the Commissioner:
Signed on
Felicia A. Robinson
Deputy Commissioner for Legal Affairs
Enclosure
cc: Pat Kuefler, U.S. EPA, Region 5, Office of Water (w/o enclosure)
Hendricks County Health Department
(w/o enclosure)
Hendricks County Soil and Water Conservation District (w/o enclosure)
City of
West Central Conservancy District (w/o enclosure)
Chris White (w/ enclosure)