NOTICE OF
VIOLATION
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Via
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Via
Certified Mail#:______________ |
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To: |
Ben
Marrs |
To: |
Raymond
Senn |
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9538
South West Washington |
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5095
Adams Road |
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Fredericksburg,
IN 47120 |
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DePauw,
IN 47115 |
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Via
Certified Mail#:______________ |
Via
Certified Mail#:______________ |
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To: |
Jane
Senn |
To: |
Gillian
Gray |
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5095
Adams Road |
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2421
Lakeshore Court |
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DePauw,
IN 47115 |
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Lebanon,
IN 46025 |
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Via
Certified Mail#:______________ |
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To: |
Lara
(formerlyWichterman) Marrs |
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9538
South West Washington |
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Fredericksburg,
IN 47120 |
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Case No.
2011-19811-S
Based on an investigation including inspections
conducted on July 8, 2010; July 13, 2010; and October 9, 2010, the Indiana
Department of Environmental Management (“IDEM”) has reason to believe that Ben
Marrs, Raymond Senn, Jane Senn, Gillian Gray and Lara (formerlyWichterman)
(“Respondents”) have violated environmental statutes and rules. The violations are based on the following:
1.
Respondents own/operate an open dump
containing regulated solid waste at 300 Emery Crossing, in Clarksville, Clark
County, Indiana (the “Site”).
2.
Pursuant to 329 IAC 10-4-2, no person shall
cause or allow the storage, containment, processing, or disposal, of solid
waste in a manner which creates a threat to human health or the environment,
including the creating of a fire hazard, vector attraction, air or water
pollution, or other contamination.
As noted during the inspections,
Respondents caused and/or allowed solid waste, including, but not limited to contaminated
soil and concrete to be deposited in multiple locations at the Site in a manner
which creates a threat to human health or the environment.
3.
Pursuant to 329 IAC 10-4-3, open dumping and
open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147,
are prohibited.
As noted during the inspections,
Respondents caused and/or allowed solid waste, including, but not limited to
contaminated soil and concrete to be deposited in multiple locations at the
Site in a manner which creates a threat to human health or the environment.
4.
Pursuant to IC 13-30-2-1(3), no person shall
deposit any contaminants upon the land in a place or manner that creates or
would create a pollution hazard that violates or would violate 329 IAC 10-4-2 and
329 IAC 10-4-3.
As noted during the inspections,
Respondents caused and/or allowed solid waste, including, but not limited to
contaminated soil and concrete to be deposited in multiple locations at the
Site in a manner which creates a threat to human health or the environment.
5. Pursuant to IC 13-30-2-1(4), no person
shall deposit or cause or allow the deposit of contaminants or solid waste upon
the land, except through the use of sanitary landfills, incineration,
composting, garbage grinding, or another method acceptable to the solid waste
management board.
As noted during the inspections,
Respondents caused and/or allowed solid waste, including, but not limited to
contaminated soil and concrete to be deposited in multiple locations at the
Site in a manner which creates a threat to human health or the environment.
6. Pursuant to IC 13-30-2-1(5), no person
shall dump or cause or allow the open dumping of garbage or any other solid
waste in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3.
As noted during the inspections,
Respondents caused and/or allowed solid waste, including, but not limited to
contaminated soil and concrete to be deposited in multiple locations at the
Site in a manner which creates a threat to human health or the environment.
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.
To
discuss this matter further, please contact Janet Arnold at 317/232-7201 within
fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order
will be prepared and sent for review and signature.
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For the
Commissioner: |
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Date:______________ |
Signed
March 31, 2011 |
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Bruce
Kizer, Branch Chief |
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Compliance
and Response Branch |
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Office of
Land Quality |
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cc: |
Clark
County Health Department |
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Clark
County Solid Waste Management District |
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Mark
Amick, South East Regional Office |
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Rick
Schroeder, South East Regional Office |
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OLQ
Public File |
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