NOTICE OF VIOLATION
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Via Certified Mail
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Wayne Willis |
Gary Sorge |
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Via Certified Mail
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J. P. Silverton Industries
Limited Partnership |
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Case No. 2004-14112-W
Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe Wayne Willis, Gary Sorge, and J. P. Silverton Industries Limited Partnership (Respondents) have violated environmental statutes and rules. The violations are based on the following:
1.
Wayne
Willis and Gary Sorge are the operators of a development referred to as the
Willis/Sorge State Line Road Property, located
west of
2.
Pursuant to 327 IAC
(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
being carried from the 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.
3.
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.
4.
Based on site visits
and inspections conducted by IDNR, the Respondents failed to assure that
erosion control measures were implemented and maintained at the Site from
October of 2002 to June of 2004, and failed to assure that off-site
sedimentation did not occur during the period of construction activity during
October of 2002 and from August of 2003 through June of 2004. Specifically, it was observed that:
A. Sediment-laden water was not detained on site by erosion control practices that minimize sedimentation in the receiving stream. Appropriate measures were not taken to minimize or eliminate wastes or unused building materials from being carried from the site by run-off. Additionally, run-off from a disturbed area was not controlled by either appropriate vegetative practices, the implementation of an erosion control plan that includes appropriate erosion control measures, or both. These violations were documented during inspections conducted on October 8, 2002, November 7, 2002, July 16, 2003, August 12, 2003, September 19, 2003, November 19, 2003, December 12, 2003, February 11, 2004, March 15, 2004, April 30, 2004, June 1, 2004, and June 22, 2004, in violation of 327 IAC 15-5-7(b).
B. Sediment tracked from the site onto
public or private roadways was not minimized, and
public and private roadways were not kept clear of accumulated sediment, as
observed during inspections conducted on
C. The necessary erosion control measures at the Site were not maintained on the site, as observed during inspections conducted on August 4, 2003, September 30, 2003, October 31, 2003, December 3, 2003, March 15, 2004, April 30, 2004, June 1, 2004, and June 22, 2004, in violation of 327 IAC 15-5-7(c).
5. Pursuant to 327 IAC
6. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.
7. The Respondents caused or contributed to a polluted condition of waters of the state by causing the discharge of sediment from the Site into waters of Indiana as noted during the inspections conducted on October 8, 2002, August 12, 2003, September 19, 2003, November 19, 2003, December 12, 2003, February 11, 2004, April 30, 2004, June 1, 2004, and June 22, 2004, in violation of 327 IAC 5-2-2 and IC 13-18-4-5.
8. Pursuant to 327 IAC 2-1-6(a), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:
(A) that will settle to form putrescent or otherwise objectionable deposits;
(B) that are in amounts sufficient to be unsightly or deleterious;
(C) that produce color, visible oil sheen, odor, or other conditions in such degree
as to create a nuisance.
9. The Respondents caused or contributed to the discharge of sediment to waters of the state which resulted in: (A) objectionable deposits of sediment; (B) unsightly suspended solids; and (C) a color in the waters in such degree as to create a nuisance, as noted during the inspections conducted on August 12, 2003, September 19, 2003, November 19, 2003, April 30, 2004, June 1, 2004, and June 22, 2004, in violation of 327 IAC 2-1-6(a).
In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a 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 13-30-3-3, 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 Terry Ressler, case manager, at 317/232-8433 within 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
cc: Dearborn County Soil and Water Conservation District