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VIA
CERTIFIED MAIL #: |
VIA
CERTIFIED MAIL #: |
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_______________________ |
_______________________ |
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Gregory G. Grimmer, Sr.,
President |
Gregory G. Grimmer,
Registered Agent |
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Grimmer Construction, Inc. |
Grimmer Construction, Inc. |
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3651 Boulevard Drive |
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NOTICE OF VIOLATION
Case No. 2005-14833-W
Based
on an investigation on March 11, 2004, the Indiana Department of Environmental
Management (“IDEM”) has reason to believe that Grimmer Construction, Inc.
(“Respondent”) has violated environmental rules, statutes and the Clean Water
Act. The violations are based on the
following:
1.
The Respondent
operated, and/or developed a lift station construction project, contracted by
the City of
2.
Pursuant to 327
Indiana Administrative Code (“IAC”) 5-2-2, any discharge of pollutants into
water of the state as a point source discharge, except for exclusions made in
327 IAC 5-2-4, is prohibited unless in conformity with a valid National
Pollutant Discharge Elimination System (“NPDES”) permit obtained prior to
discharge.
On March 11, 2004, a representative of IDEM conducted an investigation of a
spill of silt and sediment from the Site, through a drainage ditch, into Willow
Creek, which flows into Robbins Pond. The Respondent failed to obtain a valid NPDES
permit prior to discharging the silt and sediment laden water into a drainage
ditch, into Willow Creek, which flows into Robbins Pond, all of which are
waters of the state, in violation of 327 IAC 5-2-2.
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 the silt and sediment from the Site occurred on or about
March 11, 2004, and was not properly contained,
and/or responded to, and/or reported by the Respondent, in violation of
327 IAC 2-6.1-7.
4.
Pursuant to 327
IAC 2-1.5-8(b)(1), all waters within the Great Lakes system 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 that do any of the following:
a)
Will settle to
form putrescent or otherwise objectionable deposits.
b)
Are in amounts
sufficient to be unsightly or deleterious.
c)
Produce color,
visible oil sheen, odor, or other conditions in such degree as to create a
nuisance.
d)
Are in
concentrations or combinations that will cause or contribute to the growth of
aquatic plants or algae to such degree as to create a nuisance, be unsightly,
or otherwise impair the designated uses.
e)
Are in amounts
sufficient to be acutely toxic to, or to otherwise severely injure or kill
aquatic life, other animals, plants or humans.
The
Respondent allowed a spill of silt and sediment through a drainage ditch, a
water of the state in the Great Lakes System, in a manner that caused settling
to form putrescent or otherwise objectionable deposits, in amounts sufficient
to be unsightly or deleterious, in concentrations or combinations that caused
or contributed to the growth of aquatic plants or algae to such degree as to
create a nuisance, be unsightly, or otherwise impair the designated uses, in
violation of 327 IAC 2-1.5-8(b)(1).
5.
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 Respondent caused and/or allowed the discharge of
silt and sediment from the Site, which is a
contaminant or waste, into the environment from the Site on or about March 11, 2004, in violation of 327 IAC 2-6.1-7 and 327
IAC 2-1.5-8(b)(1), and thus violating IC 13-30-2-1(1).
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.
On March 11, 2004, during IDEM's spill investigation at the Site, it was noted
that very milky white water was heavily laden with silt and sediment, and had
been pumped (using a blue flex-line pump) directly into the ditch. Also during the spill investigation, it was
noted that a representative of the Portage Water Reclamation Facility
instructed the Respondent to discharge the silt and sediment laden water
directly to the
In
accordance with IC 13-30-3-3, the Commissioner herein provides notice that
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 13-30-3-4, 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 Ms. Aletha Lenahan, Office of Enforcement Case
Manager, at (317) 232-8407, within 15 days after receipt of this Notice
regarding your intent to settle this matter.
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FOR THE COMMISSIONER: |
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Date: |
February 2, 2006 |
Signed by Matthew T.
Klein |
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Matthew T. Klein |
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Assistant Commissioner
for |
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Compliance and
Enforcement |
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