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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. RIO GRANDE
BAPTIST CHURCH INC., Respondent. |
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AGREED ORDER
Complainant
and Respondent desire to settle and compromise this action without hearing or
adjudication of any issue of fact or law, and consent to the entry of the following
Findings of Fact and Order. Pursuant to Indiana Code (IC) 13-30-3-3, entry into
the terms of this Agreed Order does not constitute an admission of any
violation contained herein. Respondent's entry into this Agreed Order shall not
constitute a waiver of any defense, legal or equitable, which Respondent may
have in any future administrative or judicial proceeding, except a proceeding
to enforce this order.
I. FINDINGS
OF FACT
1.
Complainant is the Commissioner (Complainant)
of the Indiana Department of Environmental Management (IDEM), a department of
the State of Indiana created by IC 13-13-1-1.
2.
Rio
Grande Baptist Church Inc. (Respondent) owns and/or operates transient
non-community public water system (PWS) with PWSID No. IN2840807, serving 50
persons. The PWS is located at 4411 East Rio Grande Avenue, Terre Haute, Vigo
County, Indiana (the Site).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action pursuant to IC 13-30-3.
4.
Pursuant to IC 13-30-3 et seq., IDEM issued a
Notice of Violation via Certified Mail to:
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LuAnn C Roesch |
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6291 S State
Road 63 |
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Terre Haute,
IN 47802 |
5.
327 Indiana Administrative Code (IAC) 8-2-2 states
that each PWS shall comply with all provisions of this rule and 327 IAC 8-2.1.
6.
327 IAC 8-2-8.2 states IDEM shall evaluate each PWS
during a sanitary survey to determine if deficiencies exist.
327 IAC 8-2-8.2(f) states significant deficiencies are
conditions found during a sanitary survey that have a potential to cause an
immediate risk to human health; or any deficiency that was found during a
previous sanitary survey but not has been corrected; or the PWS is not in
compliance with a correction schedule approved by the commissioner.
Pursuant to 327 IAC 8-2-8.2(h), PWSs using ground water
shall respond in writing to any deficiency found during a sanitary survey that
is reported to the PWS using ground water by the commissioner. Response
requirements are as follows:
The response must:
A.
be made within thirty (30) days of receipt of the
report; and
B.
indicate:
I.
how the PWS will address deficiencies found during the
sanitary survey; and
II.
on what schedule the PWS will address deficiencies found
during the sanitary survey.
On May 14, 2014 and May 9, 2019, a sanitary survey was
conducted by IDEM at the Site in which a significant deficiency
was found, top of the well is not protected. An Inspection Summary Letter
dated May 14, 2019, was sent to the Respondent requiring a written response to
IDEM within 30 days. No written response has been received to date. Respondent
has failed to meet the response due date, in violation of 327 IAC 8-2-8.2(h).
7.
Orders of the Commissioner are subject to
administrative review by the Office of Environmental Adjudication under IC
4-21.5; however, in recognition of the settlement reached, Respondent acknowledges
notice of this right and waives any right to administrative and judicial review
of this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective (Effective
Date) when it is adopted by Complainant or Complainant’s delegate (as evidenced
by signature), and the adopted Agreed Order has been received by Respondent.
This Agreed Order shall have no force or effect until the Effective Date. In
addition to addressing the violations cited in Paragraph 6 of the Findings of
Fact above, this Agreed Order also addresses any additional violations of these
same rules that may have occurred subsequent to the issuance of the Notice of Violation
and prior to the Effective Date.
2.
Within
30 days of the Effective Date, Respondent shall respond in writing to all deficiencies
noted in the Sanitary Surveys conducted on May 14, 2014 and May 9, 2019 including:
holes in the wellhead and having a well cap that is secured, sealed and
screened properly;
a.
how
Respondent will address deficiencies found during the sanitary survey; and
b.
on
what schedule (milestone dates) Respondent will address deficiencies found
during the sanitary survey.
3.
The
written response required by Order Paragraph 2 is subject to IDEM approval. In
the event IDEM determines that the written response submitted by Respondent is
deficient or otherwise unacceptable, Respondent shall revise and resubmit the
written response to IDEM in accordance with IDEM’s notice. After three
submissions of such written response by Respondent, IDEM may seek civil
enforcement of this Order.
4.
Respondent,
upon receipt of written notification from IDEM, shall immediately implement the
approved written response and adhere to the milestone dates therein. The
approved written response shall be incorporated into the Agreed Order and shall
be deemed an enforceable part thereof.
5.
Within
10 days of each required milestone included in the written response, Respondent
shall submit to IDEM a written progress report or notification of completion
for each milestone.
6.
Within
30 days of the Effective Date, Respondent shall update the enclosed “System
Basic Information Summary” document by either marking corrections or stating
that the information is accurate directly on the attached document. Once
completed, the document shall be submitted to the address in Order Paragraph 7.
7.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Delaney Isaacs,
Enforcement Case Manager |
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Office of Water
Quality – IGCN 1255 |
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Indiana Department
of Environmental Management |
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100 North Senate
Avenue |
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Indianapolis, IN
46204-2251 |
8.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess
and Respondent shall pay a stipulated penalty in the following amount:
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Paragraph: |
Violation: |
Stipulated Penalty: |
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2 |
Failure to submit a written response within
the required time period. |
$250 per week, or part thereof |
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3 |
Failure to modify the written response, if
required, within the given time period. |
$300 per week late, or part thereof |
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4 |
Failure to meet and/or implement any
milestone date set forth in the approved written response. |
$350 per week late, or part thereof. |
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5 |
Failure to submit to IDEM a written progress
report or notification of completion for each milestone, within the given time period. |
$150 per week late, or part thereof. |
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6 |
Failure to submit the “System Basic
Information Summary” document in the manner specified. |
$100 per week, or part thereof. |
9.
Stipulated penalties shall be due and payable no later than the 30th day after
Respondent receives written notice that IDEM has determined a stipulated
penalty is due, the 30th day
being a “Due Date.” IDEM may notify Respondent at any time that a stipulated
penalty is due. Failure to notify Respondent in writing in a timely manner of a
stipulated penalty assessment shall not waive IDEM’s right to collect such
stipulated penalty or preclude IDEM from seeking additional relief against
Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated penalties
shall preclude IDEM from seeking
additional relief against Respondent for a violation of this Agreed Order. Such additional relief includes any remedies or sanctions available
pursuant to Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
10.
Stipulated penalties are payable by check to
the “Environmental Management Special Fund.” Checks shall include the Case
Number 2020-27000-D, of this action and shall be mailed to:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN, Room
1340 |
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100 North
Senate Avenue |
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Indianapolis,
IN 46204 |
11.
This Agreed Order shall apply to and be binding
upon Respondent, its successors and assigns.
Respondent’s signatories to this Agreed Order certify that they are fully authorized
to execute this Agreed Order and legally bind the party they represent. No
change in ownership, corporate, or partnership status of Respondent shall in
any way alter its status or responsibilities under this Agreed Order.
12.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance and any accrued interest at
the rate established by IC 24-4.6-1. The interest shall be computed as having
accrued from the Due Date until the date that Respondent pays any unpaid
balance. The interest shall continue to accrue on the first of each month until
the civil penalty and any interest accrued are paid in full. Such interest
shall be payable to the “Environmental Management Special Fund.” and shall be
payable to IDEM in the manner specified above.
13.
In the event that any terms of this Agreed
Order are found to be invalid, the remaining terms shall remain in full force
and effect and shall be construed and enforced as if this Agreed Order did not
contain the invalid terms.
14.
Respondent shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed
Order comply with the terms of this Agreed Order.
15.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed
Order, and IDEM’s review or approval of any submittal made by Respondent
pursuant to this Agreed Order, shall not in any way relieve Respondent of its
obligation to comply with the requirements of its applicable permits or any
applicable Federal or State law or regulation.
16.
Complainant does not, by his approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held liable for
any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
17.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the same
violations specified in the Notice of Violation.
18.
Nothing in this Agreed Order shall prevent IDEM
(or anyone acting on its behalf) from communicating with the United States
Environmental Protection Agency (US EPA) or any other agency or entity about
any matters relating to this enforcement action. IDEM or anyone acting on its
behalf shall not be held liable for any costs or penalties Respondent may incur
as a result of such communications with the US EPA or
any other agency or entity.
19.
This Agreed Order shall remain in effect until
Respondent has complied with the terms and conditions of this Agreed Order and
IDEM issues a Resolution of Case (close out) letter to Respondent.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department
of Environmental Management |
Rio Grande Baptist Church Inc. |
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By: __________________________ |
By: ________________________ |
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Samantha K. Groce, Chief |
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Water Enforcement Section |
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Surface
Water, Operations & |
Printed: _____________________ |
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Enforcement
Branch |
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Office of
Water Quality |
Title: _______________________ |
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Date: ________________________ |
Date: _______________________ |
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COUNSEL FOR RESPONDENT: |
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By: ________________________ |
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Date: ______________________ |
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APPROVED AND
ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT
THIS ___________ DAY OF ________________, 20___. |
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For the
Commissioner: |
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Signed on November
12, 2020 |
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Martha Clark
Mettler |
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Assistant
Commissioner |
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Office of
Water Quality |