Link to original WordPerfect Document here


    

VIA CERTIFIED MAIL#
        

NOTICE OF VIOLATION

To:    The Honorable Mayor Gordon Stinebaugh
    City of Bicknell
    119 East Second Street
    Bicknell, Indiana 47512

Case No. 1999-8623-A

Case No. 1999-8788-S

    Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on August 12, 1999, October 14, 1999, October 21, 1999, and December 9, 1999, the City of Bicknell was in violation of the following environmental statute(s), rule(s), and/or permit(s):
    
    A.    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. Based upon information gathered by IDEM, the City of Bicknell allowed waste to be disposed at properties owned by the City of Bicknell.

    B.    Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-7-1-16 are prohibited. (IC 13-7-1-16 has been recodified at IC 13-11-2-146 and IC 13-11-2-147). Based upon information gathered by IDEM the City of Bicknell allowed waste to be open dumped at properties owned by the City of Bicknell.

    C.    Pursuant to IC 13-30-2-1(3), no person may deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one (1) of the boards. Based upon information gathered by IDEM, the City of Bicknell allowed waste to be deposited at properties owned by the City of Bicknell.


    D.    Pursuant to IC 13-30-2-1(4), no person may 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, or another method acceptable to the solid waste management board. Based upon information gathered by IDEM, the City of Bicknell allowed waste to be deposited at properties owned by the City of Bicknell.

    E.    Pursuant to IC 13-30-2-1(5), no person may dump or cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board. Based upon information gathered by IDEM, the City of Bicknell allowed waste to be open dumped at properties owned by the City of Bicknell.

    F.     Pursuant to 326 IAC 4-1-2, open burning is prohibited except as exempted by rule or unless an approval is obtained. Representatives of the City of Bicknell were observed burning household waste, special waste, organic waste and construction waste on property owned by the City of Bicknell, violations of 326 IAC 4-1-2.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.
    
    Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

    If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and 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 either Matthew Stuckey at (317) 233-1134 or 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.

                            For the Commissioner:

Date:    _______________                _Signed on 2/11/00______________
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

cc:    Knox County Health Department
    Knox County Solid Waste Management District
    Amy McDonnell, Office of Legal Counsel
    Matthew Stuckey, Office of Enforcement
    Janet Arnold, Office of Enforcement
    David Zendell, Southwest Regional Office
    George DeLancey, Southwest Regional Office
    Judy Discus Thomann, Southwest Regional Office
    G2A Public File
    OAM Public File
    Enforcement File
    http://www.state.in.us/idem

Converted by Andrew Scriven