NOTICE OF VIOLATION

To:	Mr. A.J. Bytnar, Executive Director of Redevelopment
	City of Gary Redevelopment Commission
	401 Broadway
	Gary, Indiana 46402
	ajbytnar@gary.gov

Case No. 2021-28301-S

Pursuant to Indiana Code (“IC”) 13-30-3-3, the Indiana Department of Environmental Management (“IDEM”) issues this Notice of Violation. Based on an investigation including inspections conducted on September 16, 2020, April 8, 2021, and October 28, 2021 by an IDEM representative, IDEM has reason to believe the City of Gary Redevelopment Commission (“Respondent”) violated environmental statutes and rules. The violations are based on the following:

1. Respondent is the City of Gary Redevelopment Commission, which owns the property, located at 890 Chase Street, in Gary, Lake County, Indiana (“Site”).

2. Pursuant to IC 13-30-2-1(1), no person shall 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 in any form that causes or would cause pollution that violates or would violate, 329 IAC 10-4-2, 329 IAC 10-4-3, and 329 IAC 10-4-4 rules adopted by the board under the environmental management laws.

As noted during the inspections, Respondent deposited or caused and/or allowed the deposit of solid wastes upon the land in a method unacceptable to the board.

3. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

As noted during the inspections, Respondent deposited or caused and/or allowed the deposit of solid wastes, including large piles of trash, building debris, waste tires, used asphalt shingles, carpeting, plastic pails, coolers, aluminum siding, drywall, insulation, clothing, children’s toys, office furniture, and remnants of a large steel structure made up of two steel towers and a conveyor belt, upon the land in a method unacceptable to the board.

4. Pursuant to 329 Indiana Administrative Code (“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, Respondent caused and/or allowed solid waste, including but not limited to, the deposit of solid wastes, including large piles of trash, building debris, waste tires, used asphalt shingles, carpeting, plastic pails, coolers, aluminum siding, drywall, insulation, clothing, children’s toys, office furniture, and remnants of a large steel structure made up of two steel towers and a conveyor belt, to be stored at the Site in a manner which creates a threat to human health or the environment.

5. Pursuant to 329 IAC 10-4-4(a), the owner of real estate upon which an open dump is located is responsible for the following:

1) Correcting and controlling any nuisance conditions that occur as a result of the open dump. Correction and control of nuisance conditions must include:

(A) removal of all solid waste from the area of the open dump and disposal of such wastes in a solid waste disposal facility permitted to accept the waste; or

(B) other methods as approved by the commissioner.

2) Eliminating any threat to human health or the environment.

As noted during the inspections, Respondent, is the owner of real estate upon which an open dump is located and failed to comply with 329 IAC 10-4-4(a).

Pursuant to IC 13-30-3-3, the Commissioner herein provides notice that the violations may exist and offers an opportunity to enter into an Agreed Order providing for the action 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.

Pursuant to IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting 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 Respondent 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 Jillian Henderson at (317) 232-8617 or JHenders@idem.IN.gov within fifteen (15) days of receipt of this Notice to discuss resolution of this matter.

	For the Commissioner:
Date: ______________	Signed 2/17/2022________
	Bruce Kizer, Branch Chief
	Compliance Branch
	Office of Land Quality