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VIA CERTIFIED MAIL #

NOTICE OF VIOLATION

TO:    James and Vanessa Cheesman
    3330 Goeffrey Court
    Apex, North Carolina 27502

Cause No. SW-296

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted inspections at CR 850N at junction CR 200E, Sullivan County, Indiana ("the Site"). County records indicate that James and Vanessa Cheesman are the current property owners.

    IDEM conducted inspections on March 9 and September 14, 1995, and April 11, 1997. You were found in violation of 329 IAC 2-4-2 and -3 (currently 329 IAC 10-4-2 and -3), which prohibit, respectively, any person from causing or allowing the storage, containment, processing or disposal of solid waste in a manner which creates a threat to human health or the environment, and open dumping and open dumps, as defined in IC 13-7-1-16 [currently IC 13-11-2 (146) and (147)]. These violations are based on the fact that during these inspections it was observed that you had caused and/or allowed an open dump consisting of waste tires to exist at or near the Site which you owned at the time and currently own.

    IDEM conducted inspections on March 9 and September 14, 1995, and April 11, 1997. You were found in violation of IC 13-7-4-1(3) and (4) [currently IC 13-30-2-1 (3) and (4) and (5)], which require, respectively, that no person shall deposit any contaminants upon the land in such place and manner which creates, or which would create, a pollution hazard, or deposit or cause or allow the deposit of any contaminants or solid waste upon the land except through the use of sanitary landfills or another method acceptable to the solid waste management board, and that no person shall dump, cause or allow the open dumping of garbage or any other solid waste in violation of rules adopted by the solid waste management board. These violations are based on the fact that during these inspections it was observed that you had caused and/or allowed an open dump consisting of waste tires to exist at or near the Site which you owned at the time and currently own.


    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 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 filing of a civil court action under IC 13-14-10 or IC 13-14-2-6. 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. Lori Colpaert, at (317) 232-7202 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.

                                FOR THE COMMISSIONER:

Date:                     Signed 5/12/97
                                Patrick Carroll
                                Director
                                Office of Enforcement

cc:    Sullivan County Health Department
    Sullivan County Solid Waste Management District
    2B2 File

Converted by Andrew Scriven