NOTICE OF
VIOLATION
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Via
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7002 0510
0004 0442 5194 |
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Via
Certified Mail# |
7002 0510
0004 0442 5187 |
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Walter Crowe |
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Karl Crowe |
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Crowe Wrecking Company |
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Case No. 2004 – 14364 – S
Based on investigations on February 6, February 9,
and
1.
The Respondents own the property and operate the
business located at the northwest corner of
2.
Pursuant to 327 IAC 2-1-6(a)(1), 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
D.
which are in amounts sufficient to be acutely toxic
to, or to otherwise severely injure or kill aquatic life, other animals,
plants, or humans; and
E.
which are in concentrations or
combinations that will cause or contribute to the growth of aquatic plants or
algae to such a degree as to create a nuisance, be unsightly, or otherwise
impair the designated uses.
The Respondents caused
and/or allowed the discharge of leachate from the
Site on or about February 6, February 9, and June 28, 2004, into Locust Creek,
waters of the state, that was in an amount sufficient to be unsightly and
deleterious, and that produced odor in such degree as to create a nuisance, in
violation of 327 IAC 2-1-6(a)(1).
3.
Pursuant to 327 IAC 2-6.1-7, any person who operates,
controls or maintains any mode of transportation or facility from which a spill
occurs shall, upon discovery of a reportable spill to the soil or surface
waters of the state, contain the spill, if possible, to prevent additional
spilled material from entering the waters of the state; undertake or cause
others to undertake activities needed to accomplish a spill response; and as
soon as possible, but within two hours of discovery, communicate a spill report
to the Department of Environmental Management, Office of Environmental
Response.
A reportable spill of leachate from the Site into
Locust Creek, waters of the state, occurred on or about February 6, February 9
and
4.
Pursuant to 327 IAC
The Respondents caused and/or allowed the discharge of leachate,
a pollutant, from the Site on or about February 6, February 9 and
5.
Pursuant to 329 IAC
The Respondents caused and/or allowed the storage, containment or disposal of
solid waste at the Site, creating a threat to human health and the environment.
6.
Pursuant to 329 IAC
The Respondents caused and/or allowed solid waste to be open dumped at the
Site.
7.
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 this state, or to 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 Indiana Code
13-18-4-1 and Indiana Code 13-18-4-3.
The Respondents caused and/or allowed the discharge of leachate,
an inorganic matter, from the Site on or about February 6, February 9 and June
28, 2004, into Locust Creek, waters of the state, in violation of 327 IAC
2-1-6(a)(1), 327 IAC 2-6.1-7 and 327 IAC 5-2-2 and thus violated IC 13-18-4-5.
8.
Pursuant to IC 13-30-2-1(1), no person may discharge,
emit, cause, allow, or threaten to discharge, emit, cause, or allow any
contaminant or waste, including any noxious odor, either alone or in
combination with contaminants from other sources, into the environment or into
any publicly owned treatment works in any form which causes or would cause
pollution which violates or which would violate rules, standards, or discharge
or emission requirements adopted by the appropriate board under the
environmental management laws.
The Respondents caused and/or allowed the discharge of leachate,
a contaminant, into the environment from the Site on or about February 6,
February 9 and June 28, 2004, in violation of 327 IAC 2-1-6(a)(1), 327 IAC
2-6.1-7 and 327 IAC 5-2-2 and thus violated IC 13-30-2-1(1).
9.
Pursuant to IC 13-30-2-1(3), a person may not deposit
any contaminants upon the land in a place and manner that creates or would
create a pollution hazard that violates or would violate a rule adopted by one
of the boards.
The Respondents caused and/or allowed solid waste to be deposited at the Site,
in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, and thus violated IC
13-30-2-1(3).
10.
Pursuant to IC 13-30-2-1(4), a person may not deposit
or cause or allow the deposit of any contaminants or solid waste upon the land,
except through the use of sanitary landfills, incineration, composting, garbage
grinding, or another method acceptable to the solid waste management board.
The Respondents caused and/or allowed solid waste to be deposited at the Site,
in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, and thus violated IC
13-30-2-1(4).
11.
Pursuant to IC 13-30-2-1(5), a person may not dump or
cause or allow the open dumping of garbage or of any other solid waste in
violation of rules adopted by the solid waste management board.
The Respondents caused and/or allowed the open dumping of solid waste at the
Site, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, and thus violated IC
13-30-2-1(5).
In accordance with IC 13-30-3-3, the Commissioner is
required to notify an alleged violator in writing that a violation may exist
and offer 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 60 days.
Entering into an Agreed Order will prevent the
issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the
filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order,
thereby saving time and resources.
Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the
opportunity to present any mitigating factors that may be relevant to the
violations. In addition, as provided in IC 13-30-3-3, an alleged violator may
enter into an Agreed Order without admitting that the violation occurred.
If settlement is not reached within 60 days of receipt of this Notice of
Violation, the Commissioner may issue a Notice and Order containing the actions
that must be taken to achieve compliance, the required time frames, and 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
Barbara Goldblatt at 317 / 233 – 6335 or 1 / 800 – 451 – 6027 Ext. 3 - 6335 within 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.
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For
the Commissioner: |
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Date: |
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Signed
on |
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Matthew
T. Klein |
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Assistant
Commissioner for Compliance |
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&
Enforcement |
cc: Vanderburgh County Health Department
http://www.state.in.us/idem