Via Certified Mail# _______________
        
To:    Mr. Jerry Mobley, President        Corporation Service Company, Resident Agent
    Lake Erie Land Company        Suite 500    
    5265 Hohman Avenue        251 East Ohio Street    
    Hammond, IN 46230            Indianapolis, IN 46204
        

    327 IAC 3-2-1, which states, in substance, that no person shall cause or allow the construction, installation, or modification of any water pollution treatment/control facility or sanitary sewer, without a valid construction permit issued by the commissioner.
    
    327 IAC 3-2-2(b), which states, in substance, that a completed construction permit application shall be submitted together with the required plans, specifications, and description of project in a minimum of sixty (60) days in advance of the proposed date of start of construction. Construction shall not commence until all necessary state approvals and permits are obtained.

    This violation is based on the fact that during the records review it was observed that you had constructed a sanitary sewer system located in the southwest corner of the intersection of CR 1050N and 200E, then extending northwest to Dickinson Road, without first being issued a valid construction permit approval from IDEM. Approval No. 13391 was issued by IDEM on December 15, 1999 for a total of over twelve thousand (12,000) feet of PVC sewer line. However, it was discovered that the construction was begun approximately two or three months prior to IDEM's Approval No. 13391, and was nearly completed by the time of the IDEM approval.

    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.

    Please contact Dave Knox, case manager at 317/233-5975 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

                            For the Commissioner:

Date:    _______________                Signed 3/2/00
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

Enclosure

cc:    U.S. EPA, Region V, Water Section
    Porter County Health Department

Converted by Andrew Scriven