VIA CERTIFIED MAIL: P 451 359 785

    Mr. Donald M. Aikman, Registered Agent
    CAL-IND. Properties, Inc.
    202 West Wayne Street
    Fort Wayne, Indiana 46802

    327 IAC 15-5-2 applies to all persons who:

1.    do not obtain an individual NPDES permit under 327 IAC 15-2-6;

2    meet the general permit rule applicability requirements under 327 IAC 15-2-3; and

3.    are involved in construction activity, which includes clearing, grading, excavating, and other land disturbing activities, except operations that result in the disturbance of less than five (5) acres of total land area and which are not part of a larger common plan of development or sale.

    The 30/469 Travel Plaza falls under the applicability requirements of 327 IAC 15-5-2. The construction activity at this site is not covered by an NPDES permit under 327 IAC 15-2-6, and it meets the general permit rule applicability requirements under 327 IAC 15-2-3. A Notice of Intent (NOI) letter submitted by CAL-IND. Properties, Inc., on September 14, 1995, indicated that the construction project at the 30/469 Travel Plaza involves disturbing a total of 25 acres during construction, thus subjecting the project to the requirements of 327 IAC 15.

    Based on the inspections and record reviews conducted by the IDEM and IDNR, you were found to be in violation of the provisions of the Indiana Code (IC) and Indiana Administrative Code (IAC) listed below.

1.    327 IAC 15-5-7 pertains to general conditions for construction activity erosion control measures. In essence it states that the operator shall develop an erosion control plan in accordance with the requirements under this section. The following requirements shall be met on all sites during the period when active land disturbing activities occur:

    a.    Sediment-laden water which otherwise would flow from the site shall be detained by erosion control practices appropriate to minimize sedimentation in the receiving stream. No storm water shall be discharged from the site in a manner causing erosion in the receiving channel at the point of the discharge.

    b.    Appropriate measures shall be taken by the operator to minimize or eliminate wastes or unused building materials from being carried from a site by run-off.

    c.    Sediment being tracked from a site onto public or private roadways shall be minimized.

    d.    Public or private roadways shall be kept clear of accumulated sediment. Bulk clearing of accumulated sediment shall not include flushing the area with water. Cleared sediment shall be returned to the point of likely origin or other suitable location.

    e.    All on-site storm drain inlets shall be protected against sedimentation with barriers meeting acceptable design criteria, standards, and specifications for that purpose.

    f.    Storm water drainage from adjacent areas that naturally pass through the site shall be controlled by diverting it around the disturbed area.

    g.    Run-off from a disturbed area shall be controlled by one or more of the measures required under this section.

    h.    All erosion control measures necessary to meet the requirements of this rule shall be maintained by the operator.

    i.    All erosion control measures required to comply with this rule shall meet the design criteria, standards, and specifications for erosion control measures established by the IDEM in guidance documents. The erosion control plan shall include, but is not limited to, those measures required under this section.

    CAL-IND. Properties, Inc., failed to meet the above-listed requirements a, e, g, and h at the 30/469 Travel Plaza construction site, in violation of 327 IAC 15-5-7.

    On March 21, August 6, and August 14, 1997, an IDNR representative observed evidence of sedimentation leaving the construction site, as well as the failure to appropriately incorporate erosion and sediment control measures into the land disturbing activities at the 30/469 Travel Plaza construction site. During the March 21 inspection, it was also observed that the on-site drainage channels and outlets were not stabilized. Furthermore, during site inspections on May 7 and June 27, 1997, in addition to the inspections on August 6 and 14, it was noted that the erosion control plan was not being effectively implemented and that the existing erosion control measures were not being properly maintained. Letters were sent by the IDNR to CAL-IND. Properties, Inc., regarding these deficiencies on March 24 and May 9, 1997. Additionally, a Warning of Noncompliance was issued by the IDEM to CAL-IND. Properties, Inc., regarding the noncompliance with 327 IAC 15-5-7 on May 13, 1997.    

2.    IC 13-30-2-1 prohibits, in substance, any person from discharging, emitting, causing, allowing, or threatening 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 of would cause pollution which violates rules, standards, or discharge of emission requirements adopted by the appropriate board pursuant to this article.

    CAL-IND. Properties, Inc., allowed sedimentation to discharge from the 30/469 Travel Plaza construction site, as observed by the IDNR representative and described above, in violation of IC 13-30-2-1.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that he believes a violation exists and offer you an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4 containing the actions you must take 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 of any violation.

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13- 14-10 or IC 13-14-2-6. The advantages of entering into an Agreed Order are:

    1.    You may not be required to admit that any violation occurred.

    2.    The civil penalty may be less than that imposed under an Order of the Commissioner.

    Please contact Ms. Susan Baker at 317/233-5974 or 1-800-451-6027, Ext. 35974, within fifteen (15) calendar days of your 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 on February 4, 1998
                            David J. Hensel
                            Director
                            Office of Enforcement

Enclosure

cc:    Allen County Health Department
    Ms. Sharon Partridge, IDNR Division of Soil Conservation
    U.S. EPA Region V, Water Section

Converted by Andrew Scriven