NOTICE OF VIOLATION
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Via Certified Mail #: |
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To: |
Plato
Foufas, President Bayshore
Management Co. Mansards
Apartment Community |
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Levalon
Properties, LLC Mansards
Apartment Community |
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Via Certified Mail #: |
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Via Certified Mail #: |
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To: |
Foufas
Properties/Mansards, Inc. General
Partner Mansards
Apartments Limited Partnership Mansards
Apartment Community One
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CT
Corporation System, Registered Agent for Bayshore Management Co., Mansards
Apartments Limited Partnership, and Levalon Properties, LLC |
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Case No. 2006-16056-W
Based on an investigation, the Indiana Department of Environmental
Management (“IDEM”) has reason to believe Bayshore Management Co., Mansards
Apartment Limited Partnership, and Levalon Properties, LLC (“Respondents”),
have violated environmental management rules.
The violations are based on the following:
1.
The Respondents own
and/or operate the sanitary sewer and lift station, which connects to the city
of
2.
Pursuant to 327
IAC 5-2-2, any discharge of pollutants into waters 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 or about November 9, 2005, January 20, 2006, April
13, 2006, May 30, 2006, June 8, 2006, and August 2006, IDEM was notified of dry
weather discharges of an unknown amount of domestic sanitary wastewater (the
“wastewater”) from the Site. The
discharges were caused by a clogged pump in the Respondents’ lift station,
which forced wastewater out of a manhole on the northeast corner of the
property near a playground. The
wastewater also flowed from the sanitary sewer system and/or lift station into
the storm sewer, to an unnamed ditch, which flowed to the Little Calumet
River. During IDEM’s investigation, a
point source discharge was observed being released from the Respondents’ lift
station to waters of the State. The Respondents
discharged pollutants to the waters of the State without a valid permit, 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.
Pursuant to IC 13-30-2-1(1) and IC 13-30-2-1(4), 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 that causes
or would cause pollution that violates or would violate rules, standards, or
discharge or emission requirements adopted by the appropriate board under the
environmental management law. Increase the quantity or strength of a
discharge of contaminants into the waters or construct or install a sewer or
sewage treatment facility or a new outlet for contaminants into the waters of
A reportable spill of the wastewater from the Site
occurred on or about November 9, 2005, January 20, 2006, April 13, 2006, May
30, 2006, June 8, 2006, and August 2006, and were not properly contained,
and/or responded to, and/or reported by the Respondents, in violation of 327
IAC 2-6.1-7, and thus violating IC 13-30-2-1(1) and IC 13-30-2-1(4).
4.
Pursuant to 327
IAC 2-1.5-8(b), the following are minimum water quality conditions:
(1) All surface waters within the Great Lakes
system at all times and at all places, including waters within 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 a degree as to create a nuisance, be unsightly,
or otherwise impair the designated uses; and
(E) Are in
amounts sufficient to be acutely toxic to, or to otherwise severely injure or
kill aquatic life, other animals, plants or humans.
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
or about November 9, 2005, January 20, 2006, and April 13, 2006, during IDEM's
spill investigation at the Site, it was noted that wastewater had migrated
offsite. It was also observed that the
Respondents were discharging an undetermined amount of wastewater to an unnamed
ditch, which caused or contributed to the contamination of the waters of the State,
in violation of 327 IAC 2-1.5-8(b), and thus violating IC 13-18-4-5.
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
actions required to correct the violations and, as necessary and appropriate,
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
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 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 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 fifteen (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: |
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Signed May 25, 2007 |
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Lori Kyle Endris |
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