NOTICE OF VIOLATION
|
Via Certified Mail #: |
|
|
|
|
|
|
|
|||||
|
To: |
Mr.
Mike Greenwell, President C
& M Greenwell Contracting, LLC |
|
Charles
Greenwell, Registered Agent for C & M Greenwell
Contracting, LLC |
||
Case No. 2007-16617-W
Based on an investigation,
the Indiana Department of Environmental Management (“IDEM”) has reason to
believe C
& M Greenwell Contracting, LLC
(“Respondent”) has violated environmental rules. The violations are based on the following:
1.
Respondent owns,
operates and or develops
2. Pursuant
to 327 IAC 15-5-7(b), the following requirements shall be met on all sites
during the period when active land disturbing activities occur:
a.
Sediment-laden water
shall be detained on-site by erosion control practices that minimize
sedimentation in the receiving stream.
b.
Sediment tracked from
the site onto public or private roadways shall be minimized.
c.
Public and private
roadways shall be kept clear of accumulated sediment.
d.
All on-site storm
drains shall be protected against sedimentation by appropriate and acceptable
methods.
e.
Storm water drainage
from adjacent areas that naturally pass through the site shall either be
diverted from disturbed areas or the existing channel must be protected or
improved to prevent erosion and sedimentation from occurring.
f.
Run-off from a
disturbed area shall be controlled by either appropriate vegetative practices,
the implementation of an erosion control plan that includes appropriate erosion
control measures, or both.
3. Pursuant
to 327 IAC 15-5-7(c), during the period of
construction at the site, all erosion control measures necessary to meet the
requirements of this rule shall be maintained by the operator.
4. Based
on site visits and inspections conducted by IDEM
and/or Soil and Water Conservation District representatives on July 13, 2006,
August 17, 2006, August 28, 2006, September 11, 2006, and September 25, 2006,
the Respondent failed to assure that erosion control measures were implemented
and maintained at the Site and assure that off-site sedimentation did not occur
during the period of construction activity from July 13, 2006 to September 25,
2006. Specifically, the Respondent
failed to: adequately protect disturbed areas through seeding or other
appropriate erosion and sediment control measures in accordance with the ESCP;
implement appropriate perimeter sediment control measures; properly install
erosion and sediment control measures; protect storm drain inlets adequately;
maintain existing erosion and sediment control measures; and prevent tracking
or deposition of soil material onto public/private roadways. Additionally, inspections conducted during
the above referenced time period documented evidence of off-site sedimentation,
in which sediment entered into the local ditches along
5. Pursuant
to 327 IAC 15-5-7(b)(6), during the period of construction at the site, the
Notice of Intent and other information required by the Rule shall be posted at
the entrance to the construction site.
Based on site visits and inspections conducted by an
IDEM representative on August 17, 2006, August 28, 2006, and September 11,
2006, Respondent failed to post project information as required by the Rule, in
violation of 327 IAC 15-5-7(b)(6).
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 Paul Cluxton
at 317/232-8432 within fifteen (15) days after receipt of this Notice to discuss
resolution of this matter or to schedule a settlement conference.
|
|
For the Commissioner: |
||
|
Date: |
|
|
Signed May 9, 2007 |
|
|
Lori Kyle Endris |
||
cc: Posey County SWCD (w/NOV only)
http://www.in.gov/idem/ (w/NOV
only)