Via Certified Mail # 7002 0510 0004 0444 2917
 

To: Arthur Hicks, Jr.
P. O. Box 514
Selma, IN 47383

                                                                    Case No. 2003 - 13601 - S

Based on investigations by a designated representative of the Indiana Department of Environmental Management (IDEM) on June 17, August 28, and October 30, 2003, Arthur Hicks, Jr., who owns the property located at 1004 S. Burlington St., Muncie, Delaware County, Indiana (Site), is in violation of the following environmental rules and statutes:

A. Pursuant to 329 IAC 10-4-2, 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. Arthur Hicks, Jr., caused and/or allowed the storage, containment or disposal of regulated solid waste at the Site, creating a threat to human health and the environment.

B. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited. Arthur Hicks, Jr., caused and/or allowed regulated solid waste to be open dumped at the Site.

C. Pursuant to IC 13-30-2-1(3), 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 of the boards. Arthur Hicks, Jr., caused and/or allowed regulated solid waste to be deposited at the Site without a permit, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are rules adopted by the Indiana Solid Waste Management Board.

D. Pursuant to IC 13-30-2-1(4), 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. Arthur Hicks, Jr., caused and/or allowed regulated solid waste to be deposited at the Site without a permit, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are rules adopted by the Indiana Solid Waste Management Board.

E. Pursuant to IC 13-30-2-1(5), 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. Arthur Hicks, Jr., caused and/or allowed the open dumping of regulated solid waste at the Site, in violation of 329 IAC 10-4-2 and 329 IAC 10-4-3, which are rules adopted by the Indiana Solid Waste Management Board.
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer 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 60 days.

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

If settlement is not reached within 60 days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken 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 each violation.

To discuss this matter further, please contact Barbara Goldblatt at 317 / 233 - 6335 or 1 / 800 - 451 - 6027 Ext. 3 - 6335 within 15 days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

For the Commissioner:

Date 2 / 10 / 04

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs

cc: Delaware County Health Department
http://www.state.in.us/idem
Enforcement File