NOTICE OF VIOLATION

Via Certified Mail #:	Via Certified Mail #
Bruce B. Doezema, Owner, Developer,	Jerry Garrett, Contractor
d/b/a River Valley Builders	510 Indiana Ave.
202 Woodside Dr. NW	Milltown, IN 47145
Milltown, IN 47145-0127

Case No. 2004-14042-W and Case No. 2004-14043-W

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe Bruce Doezema, d/b/a River Valley Builders (“Respondent 1”, Case No. 2004-14042-W) and Jerry Garrett, Contractor, (“Respondent 2”, Case No. 2004-14043-W) have violated environmental statutes and rules. The violations are based on the following:

1. Respondent 1 owns and is developing the Millwood development and 8-inch sewer extensions connected to the Town of Milltown sewage lift station #4 at Spencer Street. The development currently is composed of two homes at Woodside Drive and one home at Hillview in Milltown, Harrison County, Indiana (“the Site”). The first phase sewer extension occurred to serve two of the homes between 1998 and 2000 and was further extended to serve one home in December 2002.

2. Respondent 2 was contracted by Respondent 1 to construct and install the sewer

main extensions and one manhole.

3. 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”) 327 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.

During the January 27, 2004, IDEM inspection of the Milltown wastewater facilities, it was observed that sewage solids had collected in the Site manhole. The Respondents had constructed sewer main extensions consisting of approximately 500 feet of 8-inch sewer and the manhole to serve the Site and connected said construction to the Town of Milltown sewer system prior to obtaining a construction permit from 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 herein provides notice that a violation may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violation 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 violation occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violation 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 violation.

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 violation 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 Paul Cluxton at 317/232-8432 within 15 days after receipt of this Notice regarding your intent to settle this matter.

For the Commissioner:

Signed 9/1/04

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

Enclosure

cc: James Pevlor, Milltown Wastewater Plant Operator

Stan Pennington, Milltown Town Attorney

http://www.state.in.us/idem