VIA CERTIFIED MAIL:
NOTICE OF VIOLATION
To: Mr. Scott A. Winger, President
Oak Hill Cablevision, Inc.
210 N. Main St.
Sweetser, IN 46987
Designated representatives of the Indiana Department of Environmental Management
(IDEM) have conducted inspections and a record review of the Winger Estates Subdivision,
Section I, sewer system, located in Sweetser, Indiana. Based on the inspections and record
review, it has been determined that the Winger Estates Subdivision, Section I, sewer system was
constructed by Oak Hill Cablevision, Inc., without a valid construction permit in violation of 327
IAC 3-2-1.
327 IAC 3-2-1 states, "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."
It has been determined that Oak Hill Cablevision, Inc. violated 327 IAC 3-2-1 based the
following:
a) On March 22, 1994, IDEM inspected Winger Estates Subdivision, Section I,
located on the west side of Grant County Road 500 West, adjacent to the south side of
Sweetser and observed there were ten or twelve homes on a 20 to 30 acre development.
During a March 25, 1994 telephone conversation, Mr. Bechtel Winger, developer of
Winger Estates, indicated that the Winger Estates Subdivision, Section I sewer system
was constructed about five years prior (approximately 1989) without a construction
permit and IDEM staff advised Mr. Bechtel Winger of requirements to submit an "As-
Built" permit application.
b) On September 27, 1995, IDEM sent a letter regarding Winger Estates
Subdivision, Section I, to Mr. A. J. Dodzik, the engineer who had submitted the "As-
Built" application for the project. The applicant for the "As-Built" project was listed as
Oak Hill Cablevision, Inc., Scott Winger, President. The letter stated, in part,
"This will acknowledge receipt on June 23, 1995, of plans and
specifications in connection with your application for a Construction Permit
pursuant to IC 13-7-10 et.seq., 327 IAC 3 et.seq., on the above project."
"Per our letter on August 25, 1995, this department cannot issue a non-
objection letter regarding this "As-Built" project because there is not enough
ground cover over the top of the sewer pipes in many locations (the minimum
depth of ground cover required is 3 feet) and the slope of the sewer is not steep
enough on many sections of the sewer (the minimum slope for an 8-inch diameter
sewer is .40 feet/100 feet)."
"For the foregoing reasons, this office is returning the submitted plans and
specifications, and the request for a Non-Objection letter is hereby denied."
c. IDEM has no record of any petition for hearing before the Water Pollution
Control Board being submitted challenging IDEM's decision denying the non-objection
letter for Winger Estates Subdivision, Section I.
d. On November 22, 1996, IDEM issued a Warning of Noncompliance to Oak Hill
Cablevision, Inc., regarding noncompliance with 327 IAC 3-2-1 at Winger Estates
Subdivision, Section 1, and Oak Hill Cablevision was requested to submit, in writing,
within fifteen (15) days of the date of that Warning of Noncompliance letter, the reasons
for the violations as noted, along with any mitigating circumstances as to why further
enforcement action should not be pursued by IDEM. The record review indicates that
IDEM has not received a written response to the Warning of Noncompliance letter.
e. On September 18, 1997, IDEM sent a letter to Oak Hill Cablevision, Inc. again
notifying it of the violation of 327 IAC 3-2-1 at Winger Estates Subdivision, Section I,
and of IDEM's intent to pursue formal enforcement action in accordance with IC 13-30-3.
As of January 1, 1998, IDEM had no record of any modifications to the sewers or
application for "As-Built" approval of plans and specifications for the project that would allow
for issuance of a "non-objection" letter, and therefore Oak Hill Cablevision, Inc. remains in
violation of 327 IAC 3-2-1, in that it constructed the sewers serving the Winger Estates
Subdivision, Section I without a valid construction permit.
In accordance with IC 13-30-3-3, the Commissioner is required to notify Oak Hill
Cablevision, Inc. in writing that he believes a violation exists and offer Oak Hill Cablevision,
Inc. an opportunity to enter into an Agreed Order that provides 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 receipt of this Notice, the
Commissioner may issue an order pursuant to IC 13-30-3-4 that contains the actions Oak Hill
Cablevision, Inc. 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 action. The advantages of
entering into an Agreed Order are:
1. Oak Hill Cablevision, Inc. 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 Terry Ressler at 317/232-8433 within fifteen (15) days after receipt of this
Notice regarding the Oak Hill Cablevision, Inc.'s intent to settle this matter. If Oak Hill
Cablevision, Inc. is 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:
Dated: ____________________ __________________
David J. Hensel
Director
Office of Enforcement
Enclosure
cc: Grant County Health Department
U.S. EPA, Region 5
Converted by Andrew Scriven