NOTICE OF VIOLATION
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Via Certified
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To: |
Mr.
Blackiston Ridge Subdivision |
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To: |
Mr. Bryan Stumler, President and Registered Agent Bryan Stumler Excavating Inc. 5895 Stiller Road Floyds Knobs,
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Case Nos. 2004-13927-W and 2004-14023-W
Based on an investigation
between January 7 and
1.
Respondent 1 owns and is developing the Blackiston Ridge Subdivision, a
16-home residential development, located at
2.
Respondent 1 was authorized by Construction Permit Approval No. 15806 (“Construction Permit”) to
construct a sewer main extension consisting of 567 feet of 8-inch diameter
polyvinylchloride ("PVC") sanitary sewer pipe, 913 feet of 2-inch diameter PVC
force main pipe, and a lift station with two submersible 20 gallon per minute
grinder pumps to serve the Site. Respondent 1's sewer main extension was to be
connected to an existing 8-inch sanitary sewer main that is part of the Town of
3. Respondent 2 was contracted by Respondent 1 to construct and install the sewer main extension at the Site and connect it to the Town’s municipal sanitary sewer collection system.
4. 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
Pursuant to Part II.1 of the Construction Permit, no significant or material changes in the scope of construction shall be made unless the following provisions are met:
A. a request for modification of the permit is made at least sixty (60) days in advance of the changes;
B. a detailed statement of the proposed changes is submitted;
C. revised plans and specifications, including a revised design summary, are submitted; and
D. a revised Construction Permit is issued by IDEM.
The Respondents constructed a sewer main extension consisting of approximately 794 feet of 8-inch PVC sanitary sewer pipe to serve the Site and connected said construction to the Town’s municipal sanitary sewer collection system at an existing manhole located on Blackiston Mill Road approximately 428 feet north of the intersection of Blackiston Mill Road and Parkwood Drive, instead of installing the sewer main extension as approved in the Construction Permit, between April 2003 and October 2003, prior to obtaining all necessary state approvals and permits, including but not limited to, modification of the Construction Permit, in violation of IC 13-30-2-1(7), 327 IAC 3-2-1, 327 IAC 3-2-2(d), and Part II.1 of the Construction Permit.
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 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 (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 sixty (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 Susan Baker at 317/233-5974 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.
For the Commissioner:
Signed
Felicia A. Robinson
Deputy Commissioner for Legal Affairs