NOTICE OF VIOLATION
|
Via Certified Mail
#: |
Via Certified Mail
#: |
|
|
_______________________________ |
__________________________ |
|
|
To: |
Ralph Barnes d.b.a. |
Paul McKee |
|
|
Barnes Septic Service |
Rural Route # |
|
|
|
|
|
|
|
|
Case No. 2004-14187-S
Case No. 2004-14188-S
Based on an investigation on
1. Ralph Barnes d.b.a. Barnes Septic Service (case #2004-14188-S) operated on property owned by Paul McKee, (case #2004-14187-S) (Respondents) located at the intersection of County Road 1100 North and County Road 250-275 East, in Elnora, Daviess County, Indiana (Site).
2. Pursuant to 327 IAC 7.1-7-1 (d) (1), no disposal of wastewater shall be permitted on the land at any property or location without a valid land application approval issued under 327 IAC 7.1-8
Respondents caused and/or allowed the deposition of wastewater on the land at the site without a valid approval, in violation of 327 IAC 7.1-7-1 (d) (1).
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 13-30-3-3, 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.
To discuss this matter further, please contact Melissa Farrington at 317-232-8409 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.
For the Commissioner:
Signed on
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Washington County Health Department
Mike Goering, Washington County Solid Waste Management District