NOTICE OF VIOLATION
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Via Certified Mail #: |
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To: |
Chet
Richardson, President and Registered Agent |
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CAB-X
Construction Company, Inc., a.k.a.
Ridgeway Group, LLC |
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Case No. 2007-16646-W
Based on an investigation,
the Indiana Department of Environmental Management (“IDEM”) has reason to
believe the CAB-X
Construction Company, Inc., a.k.a. Ridgeway Group, LLC (“Respondent”) has violated environmental statutes and
rules. The violations are based on the
following:
1. Respondent
owns and operates a landfill located at 383 Emery Crossing,
2. Pursuant
to 327 IAC 15-3-3, any person proposing a new discharge that will be subject to
a general permit rule, except for construction activity under 327 IAC 15-5 and
municipal separate storm sewer system discharges under 327 IAC 15-13, shall
submit an NOI letter and additional information as required by the applicable
general permit rule at least one hundred eighty (180) days before the date on
which the discharge is to commence unless permission for a later date has been
granted by the commissioner or is established in the applicable general permit
rule. A construction activity NOI letter shall be submitted in accordance with
327 IAC 15-5-6. The Respondent failed to
submit a construction activity NOI letter, in violation of 327 IAC 15-3-3.
3. Pursuant
to 327 IAC 15-6-5, in addition to the NOI letter requirements under 327 IAC
15-3, the following information must be submitted with the NOI letter under
this rule:
(1) Name
of responsible corporate officer or written authorization for an alternate
individual or position to act as the duly authorized representative for that
individual, if appropriate, who will be responsible for all signatory
responsibilities for the facility under 327 IAC 15-4-3(g).
(2) Name
and contact information of the individual who can provide assistance with
information pertaining to the facility’s permit.
(3) A
brief narrative description of the industrial processes performed at the
facility.
(4) Identification
of the number and location of each outfall where storm water exposed to
industrial activity discharges to a water of the state, including a narrative
description of the industrial activity associated with the drainage area of
each identified outfall.
(5) Identification
of substantially similar outfalls of storm water identified in subdivision (4)
and the outfall to be monitored as representative of all such discharges,
including an explanation of the rationale used to identify why certain outfalls
are similar.
(6) The
identification of past and present NPDES permits, if applicable.
(7) The
identification of the regulated MS4 entity receiving the storm water discharge,
if applicable.
(8) Proof
of publication of the following statement in the newspaper of largest
circulation in the area of the discharge: “(Facility name, address, address of
the location of the discharging facility, and the stream(s) receiving the
discharge(s)) is submitting an NOI letter to notify the Indiana Department of
Environmental Management of our intent to comply with the requirements under
327 IAC 15-6 to discharge storm water exposed to industrial activities.”.
The
Respondent failed to submit the required additional information with a
construction activity NOI letter, in violation of 327 IAC 15-6-5.
4.
Pursuant to 327
IAC 15-6-7(a), the person having financial responsibility or operational
control of a facility regulated under this rule shall develop, implement,
update, and maintain a Storm Water Pollution Prevention Plan (“SWP3”). The Respondent has failed to implement, update,
and maintain a SWP3, in violation of 327 IAC 15-6-7(a).
5.
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 degree as to create a nuisance, be
unsightly, or otherwise impair the designated uses.
6. Pursuant
to 327 IAC 5-2-2, any discharge of pollutants into the waters of the state as a
point source discharge is prohibited unless in conformity with a valid NPDES
permit obtained prior to the discharge.
7. Pursuant
to IC13-18-4-5, 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 IC 13-18-4-1 and IC
13-18-4-3.
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.
9. In
January 2007, Respondent allowed untreated landfill leachate to discharge to
waters of the state, in violation of 327 IAC 2-1-6(a)(1), 327 IAC 5-2-2, and
thus in violation of IC13-18-4-5, and IC 13-30-2-1(1).
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
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 Dave Knox at 317/233-5975
within fifteen (15) days after receipt of this Notice to discuss resolution of
this matter.
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For the Commissioner: |
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Date: |
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Signed
April 30, 2007 |
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Lori Kyle Endris |
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cc: Clark County Health Department