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Drainage board denies appeal of $10,500 fine for Proscenium sewer spill
Summary
The Hamilton County Drainage Board denied Kort Builders' appeal of a $10,500 fine related to a sanitary sewer spill at the VER/Proscenium property, citing county response costs; the Surveyor said the responsible party corrected the illegal connection but the fine stands to cover time and resources expended.
The Hamilton County Drainage Board on Feb. 23 unanimously denied an appeal from Kort Builders seeking rescission of a $10,500 fine imposed after a sanitary sewer spill at the VER property at the Proscenium in Carmel.
Surveyor Gary Duncan told the board that the County imposed the $10,500 fine after identifying an illegal sanitary connection and estimating mitigation costs at roughly $1,500 per day for about seven days on site. "Although someone has taken responsibility, the fine could still be imposed on the owner," Duncan said, adding that his office had been in contact with both the owner and the contractor.
Vice President Christine Altman pressed whether the larger $134,000 figure referenced in earlier discussions had been mitigated and who paid cleanup costs; Duncan said the responsible party conducted the corrective work and the County did not bear cleanup costs.
Altman said the fine was imposed on the owner because it was unclear who performed the work and argued the record should reflect the County’s time and expense. The Surveyor said he could notify Kort Builders that "the fine will stand and that they may seek reimbursement from the building owner if they choose." Altman said communication should clarify "that the fine was based on our time spent addressing this issue."
Altman moved to deny the appeal; Dillinger seconded and the motion carried unanimously.
The denial leaves the $10,500 fine in place for the sanitary sewer spill; Duncan said the County will continue to pursue factual resolution with the owner and the identified responsible party.
