EPA Regional Office Fines Two Companies Over Improper Disposal

The U.S. Environmental Protection Agency Region 5 has cited the Indiana Department of Transportation, Atlas Excavating and Larry Fitzgerald (dba Shrum Manufactured Housing), for illegally filling in wetlands near the Indianapolis International Airport. EPA has proposed a $157,500 fine.

EPA alleges that between August and December 1999, the three respondents illegally dumped 35,500 cubic yards of polluted construction debris as fill material on a 2-acre area southeast of U.S. Highway 40.

Most of the 2-acre area is owned by the airport. Fitzgerald owns the adjacent parcel where the material was originally supposed to be disposed of, though his property only received a small amount of the material. As a result of the dumping, wildlife habitat has been destroyed. In turn, the fill has become a source of additional pollution affecting White Lick Creek, already classified by the state of Indiana as an impaired water body.

The civil penalty is based on more than 1,900 continuous days of violation. The respondents have 30 days to request a hearing or file a response with EPA.

In 1997, the INDOT paid $35,000 to resolve a similar administrative complaint for illegally filling in wetlands with debris from a U.S. Highway 23 construction project in St. Joseph County.