VIA CERTIFIED MAIL # __________________
To: Mr. Denny Andres Ms. Geneva Andres, Property Owner
8087 Atkins Rd. 8087 Atkins Rd.
Floyds Knobs, Indiana 47119 Floyds Knobs, Indiana 47119
Designated representative of the Indiana Department of Environmental Management
(IDEM) conducted inspections on September 19, 1997, April 17, 1998, and April 22, 1998 at
Geneva Andres property located at 8087 Atkins Road, Floyds Knobs, Floyd County, Indiana
("the Site"). Count I, Cause No. SW-377, of the Notice of Violation reflect the Solid Waste
Management violations and Count II, Cause No. A-4279 of the Notice of Violation reflects the
Air Management violations.
IDEM representatives conducted inspections at the Site on September 19, 1997, April 17,
1998, and April 22, 1998.
During the above noted inspections you were found in violation of:
329 IAC 10-4-2 (329 IAC 2-4-2 prior to April 13, 1996) which states: “No person shall
cause or allow the storage, containment, processing, or disposal of solid waste in a manner
which creates a threat to human health or the environment, including the creating of a fire
hazard, vector attraction, air or water pollution, or other contamination.” This violation is based
upon the fact that during these inspections it was observed that you had caused or allowed an
open dump of regulated solid waste at the Site.
329 IAC 10-4-3 (329 IAC 2-4-3 prior to April 13, 1996) which states: “Open dumping
and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are
prohibited.” This violation is based upon the fact that during these inspections it was observed
that you had openly dumped regulated solid waste at the Site.
IC 13-30-2-1(3) which states that a person may not: “Deposit any contaminants upon the
land in a place and manner that creates or would create a pollution hazard that violates or would
violate a rule adopted by one (1) of the boards.” This violation is based upon the fact that during
these inspections it was observed that you caused or allowed an open dump of regulated solid
waste at the Site.
IC 13-30-2-1(4) which states that a person may not: “Deposit or cause or allow the
deposit of any contaminants or solid waste upon the land, except through the use of sanitary
landfills, incineration, composting, garbage grinding, or another method acceptable to the solid
waste management board.” This violation is based upon the fact that during these inspections it
was observed that you caused or allowed an open dump of regulated solid waste at the Site.
IC 13-30-2-1(5) which states that a person may not: “Dump or cause or allow the open
dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste
management board.” This violation is based upon the fact that during these inspections it was
observed that you caused or allowed an open dump of regulated solid waste at the Site.
On January 29, 1992, the Lafayette Township Volunteer Fire Department responded to a
tire fire at the Site.
On October 1, 1997, IDEM sent Ms. Geneva Andres a Letter of Warning regarding used
motor oil spilled at the Site.
On April 21, 1998, the Lafayette Township Volunteer Fire Department responded to a
fire at the Site. It was noted in the Fire Department's incident report that a pile of wood, debris,
limbs, tires, and pallets were on fire at the time of their arrival. It was also noted that a portion
of the pile was covered by dirt.
On September 19, 1997, a member of the Floyd County Health Department observed the
open burning of wood products, used filters and other miscellaneous auto parts at the Site.
On September 22, 1997, the Floyd County Health Department sent you a letter regarding
the open burning violations which occurred on September 19, 1997.
On October 24, 1997, IDEM sent you a letter stating that all open burning shall be
discontinued immediately and compliance achieved with 326 IAC 4-1.
On April 21, 1998, firemen from the Lafayette Township Volunteer Fire Department
observed open burning of tree limbs, trash, wood pallets and other debris at the Site, a violation
of 326 IAC 4-1.
On April 22, 1998, an inspector from the Floyd County Health Department and an
inspector from the Office of Solid and Hazardous Waste Management of IDEM observed smoke
from the fire of April 21, 1998, still smoking from underground, where it had been covered up
with dirt.
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.
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 Brett DeBusk at 317/232-8410 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
FOR THE COMMISSIONER:
Date:_______________ _________________________
David J. Hensel
Director
Office of Enforcement
cc: Floyd County Solid Waste Management District
Floyd County Health Department
File G2A
http://www.ai.org/idem/
Converted by Andrew Scriven