NOTICE OF VIOLATION

Via Certified Mail #:		Via Certified Mail #:
To:	Jansma Enterprise, LLC	Jansma Enterprise, LLC
	Duane Jansma, Developer	Duane Jansma, Registered Agent
	5463 W. 1450 N.	5463 W. 1450 N.
	Wheatfield, IN 46392	Wheatfield, IN 46392

Case No. 2005-14511-W

Based on an investigation, the Indiana Department of Environmental Management ("IDEM") has reason to believe that Jansma Enterprise, LLC ("Respondent") has violated an environmental rule and conditions of its construction permit. The violation is based on the following:

1. Respondent is the developer of the Morningside Subdivision located in DeMotte, in Jasper County, Indiana (the "Site"). On July 23, 2004, pursuant to 327 IAC 3, IDEM issued a construction permit for the Morningside sanitary sewer and lift station project (Permit Approval No. 16699) at the Site.

2. Pursuant to 327 IAC 3-2-1, no person shall cause or allow the construction, installation, or modification of any water pollution treatment/control facility, including a sanitary sewer, without a valid construction permit issued by IDEM.

Pursuant to 327 IAC 3-2-2(d), construction shall not commence until all necessary state approvals and permits are obtained.

Pursuant to the construction permit issued on July 23, 2004, the Respondent was authorized to construct the water pollution treatment/control facilities described therein, in accordance with the terms and conditions set forth in the construction permit, the accompanying approved plans and specifications, and 327 IAC 3.

Pursuant to Part II.1 of the construction permit, no significant or material changes in the scope of the plans or construction of the project shall be made unless the following provisions are met:

a. A request for permit modifications is made 60 days in advance of the proposed significant or material changes in the scope of the plans or construction;

b. A detailed statement of such proposed changes is submitted;

c. Revised plans and specifications, including a revised design summary;

d. A revised construction permit is obtained from IDEM.

On October 13, 2004, IDEM received information that the Respondent had constructed a sewer at the Site that was not in conformity with the approved construction permit.

On November 24, 2004, IDEM received a submittal including "as-built" plans and specifications for the revised Morningside sanitary sewer which indicated that changes had been made in the length and the location of the new force main during installation.

Therefore, the Respondent constructed the revised sanitary sewer project at the Site prior to the issuance of the construction permit by IDEM, in violation of 327 IAC 3-2-1, the Respondent commenced construction of the revised sanitary sewer project prior to obtaining all necessary state approvals and permits in violation of 327 IAC 3-2-2(d), and the Respondent made significant or material changes in the scope of the plans or construction of the project without meeting the provisions of Part II.1 of the construction permit, in violation of Part II.1 of the construction permit.

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 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 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 Terry Ressler, Case Manager, at 317/232-8433 within 15 days after receipt of this Notice. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the 60 day settlement period.

Date:	Signed on March 18, 2005
	Matthew T. Klein
	Assistant Commissioner
	of Compliance & Enforcement

cc: Jasper County Health Department
Town of DeMotte, John Dyke, Town Manager