VIA CERTIFIED MAIL:

    Designated representatives of the Indiana Department of Environmental Management (IDEM) and the Indiana Department of Natural Resources (IDNR) have conducted inspections and record reviews of the Marquise Meadows Subdivision, located in Jeffersonville Township, Clark County, Indiana. The Marquise Meadows Subdivision is owned and being developed by Alexander and Company, L.L.P., and Mr. Charles Alexander.

    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 Marquise Meadows Subdivision 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 was submitted by Bob Isgrigg and Associates for the owners/developers and received by the IDEM on September 4, 1996. The NOI indicated that the construction project at the Marquise Meadows Subdivision involved disturbing a total of 14 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.

    Alexander and Company, L.L.P., and Mr. Charles Alexander failed to meet the above-listed requirements a, c, d, e, g, and h at the Marquise Meadows Subdivision construction site, in violation of 327 IAC 15-5-7.

    On March 24, May 8, June 12, and August 20, 1997, and January 14, April 7, May 6, July 1, July 8, and July 16, 1998, IDNR representatives observed evidence of sedimentation leaving the construction site, as well as the failure to appropriately maintain erosion control measures at the Marquise Meadows Subdivision construction site. During the June 12 and August 20, 1997, and January 14, April 7, May 6, and July 1, 1998, inspections, it was also observed that storm drain inlets were not properly protected. Furthermore, during the site inspections on August 20, 1997, and January 14, April 7, May 6, July 1, July 8, and July 16, 1998, it was noted that sediment was being tracked onto, and accumulating on, the streets. Warnings of Noncompliance were issued on September 11, 1997, and May 19, 1998, by the IDEM to Alexander and Company, L.L.P., and Mr. Charles Alexander regarding the noncompliance with 327 IAC 15-5-7.

2.    IC 13-18-4-5 states, in substance, that no one may throw, run, drain, or otherwise dispose into any streams or waters of the state; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any water; any organic or inorganic matter that causes or contributes to a polluted condition of any water.

    IC 13-30-2-1 states, in part, that no one may 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 which causes or would cause pollution which violates or would violate rules, standards or discharge requirements adopted by the appropriate board under the environmental management laws.

    Alexander and Company, L.L.P., and Mr. Charles Alexander allowed sediment to be discharged from the Marquise Meadows Subdivision construction site into Lancassange Creek, as observed by IDNR representatives and previously described, in violation of IC13-18-4-5 and 13-30-2-1.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner 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 the 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 for any violation.

Entering into an Agreed Order will prevent the issuance of an 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 timely 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 give you the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the violation occurred.

    Please contact Ms. Susan J. Baker at 317/233-5974 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 address listed in the letterhead within the sixty (60) day settlement period.

                            FOR THE COMMISSIONER:

Date:              Original Signed November 18, 1998
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

cc:    U.S. EPA Region V, Water Section
    Clark County Health Department
    Mr. M. Edward Meyer, Board of Commissioners of Clark County
    Mr. Randy Braun, IDNR

Addresses for cc's:

Mr. M. Edward Meyer, President
Board of Commissioners of Clark County
Room 306, City-County Building
501 East Court Avenue
Jeffersonville, Indiana 47130

Mr. Randy Braun, Assistant Chief
Urban Conservation Program
Division of Soil Conservation
Indiana Department of Natural Resources
IGCS, Room W265

Converted by Andrew Scriven