AGREED ORDER

1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. The Respondent shall comply with all applicable provisions of the Indiana Code ("IC"), and the Indiana Administrative Code ("IAC"), including, but not limited to, IC 13-18-11-11, 327 IAC 8-2-8(b), 327 IAC 8-12, 327 IAC 8-2-13, 327 IAC 8-2-37, 327 IAC 8-2-38, 327 IAC 8-2-39, 327 IAC 8-2-40, 327 IAC 8-2-41, 327 IAC 8-2-42, 327 IAC 8-2-44.
3. Immediately, upon the Effective Date of this Order, the Respondent shall take all necessary steps to continuously operate and maintain the PWS so that water is safe in quality, clean and adequate in quantity, and chemically satisfactory for ordinary domestic consumption, in accordance with 327 IAC 8-2.
4. Immediately, upon the Effective Date of this Order, the Respondent shall obtain the services of a certified operator and shall submit the name and certification number to IDEM. The Respondent shall, at all times, employ a Certified Operator who is competent, qualified, and licensed in the state of Indiana, to properly and efficiently operate the PWS including, but not limited to, maintenance of the drinking water well and the distribution system, monitoring and sampling, as required by IC 13-18-11-11 and certified under 327 IAC 8-12.
5. Within 30 days of the Effective Date of this Order, the Respondent shall monitor for the required WQPs and tap samples in the Site’s PWS, in accordance with 327 IAC 8-2-38. The Respondent shall submit a copy of the tap and WQP results to IDEM’s DWB and to the Office of Enforcement ("OE"). The parameters shall be monitored by collecting two samples for each WQP from each of the distribution system taps. The following are the WQPs to be monitored:

1. pH;
2. alkalinity;
3. orthophosphate, when an inhibitor containing phosphate is used;
4. silica, when an inhibitor containing a silica compound is used;
5. calcium;
6. conductivity; and
7. water temperature.

1. Immediately, upon the Effective Date of this Order, the Respondent shall collect routine monthly TCR samples for the Site’s PWS at sites which are representative of water throughout the distribution system according to a written sample-siting plan, in accordance with 327 IAC 8-2-8. The Respondent shall submit the results to IDEM’s DWB and OE, in accordance with 327 IAC 8-2-13.
2. Immediately, upon the Effective Date of this Order, the Respondent shall perform PE, in accordance with 327 IAC 8-2-44. The Respondent shall notify the people served by the Site’s PWS distribution system of the lead action level exceedance, and shall implement the PE program requirements, in accordance with 327 IAC 8-2-44. The Respondent shall submit a copy of the PE performed to IDEM’s DWB and OE.
3. Within 30 days of the Effective Date of this Order, the Respondent shall collect one source water lead sample from each entry point into the distribution system of the Site’s PWS for the required time period, in accordance with 327 IAC 8-2-39 and 327 IAC 8-2-42. The Respondent shall submit a copy of the source water results to IDEM’s DWB and OE.
4. Immediately, upon the Effective Date of this Order, the Respondent shall perform OCCTR studies, in accordance with 327 IAC 8-2-41(b). The Respondent shall meet the OCCTR requirements and submit a written progress report for each milestone event, and a copy of all results or plans to both the DWB and OE of IDEM, in accordance with 327 IAC 8-2-41, including, but not limited to the following:

1. Within 60 days of the Effective Date of this Order, the Respondent shall evaluate the WQPs and tap monitoring results, from sampling required in Order Paragraph 6.
2. Within 120 days of the Effective Date of this Order, the Respondent shall recommend installation of one or more OCCTR treatment methods, in accordance with 327 IAC 8-2-41(c)(1), such as, but not limited to the following:

1. Alkalinity and pH adjustment
2. Calcium hardness adjustment
3. Phosphate or silicate based corrosion inhibitor

1. Within 9 months of the Effective Date of this Order, the Respondent shall implement the newly recommended OCCTR method(s), in accordance with 327 IAC 8-2-41
2. Within 1 year of the Effective Date of this Order, the Respondent shall evaluate the tap and WQP monitoring results, in accordance with 327 IAC 8-2-41(c)(3).
3. Within 18 months of the Effective Date of this Order, the Respondent shall adequately operate and maintain throughout its distribution system the recommended OCCTR method(s), in accordance with 327 IAC 8-2-41(e).

1. Unless notified otherwise in writing by IDEM, the Respondent shall conduct follow-up tap water lead monitoring during two consecutive six-month monitoring periods following the Effective Date, based on the requirements for the timing of monitoring established for small systems, in accordance with 327 IAC 8-2-37(d)(2) and 327 IAC 8-2-40(e). The Respondent shall submit a copy of the monitoring results to IDEM’s DWB and OE within the shorter of the following, in accordance with 327 IAC 8-2-13(a):

1. within the first 10 days following the month in which the Respondent receives the monitoring results, or
2. within the first 10 days following the end of the required monitoring period.

1. Unless notified otherwise in writing, all submittals required by this Agreed Order to be submitted to the Drinking Water Branch shall be sent to:

Ms. Lilia Park

Drinking Water Branch

Indiana Department of Environmental Management

P.O. Box 7148

Indianapolis, IN 46207-7148

Unless notified otherwise in writing, all submittals required by this Agreed Order to be submitted to the Office of Enforcement shall be sent to:

Ms. Stacie Tucker, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

2. Respondent is assessed a civil penalty of Two thousand, Eight hundred, and twenty-five dollars ($2,825). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
3. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

 

Order Paragraph Cited	Violation	Penalty due per violation
4	Failure to maintain the services of a certified operator and/or to submit the operator’s name and certification number to IDEM.	$500 per month, or part thereof, late
5	Failure to monitor and report WQPs as required, and/or failure to submit the reports within the required time frame.	$100 per week, or part thereof, late
6	Failure to monitor and report the routine monthly TCR results as required, and/or failure to submit the reports in a timely manner.	$100 per week, or part thereof, late
7	Failure to perform/post PE and submit copies to IDEM as required, and/or failure to perform/post or submit the information within the time frame required.	$500 per month, or part thereof, late
8	Failure to monitor and report source water lead sample results during the time period required, and/or failure to submit the reports in a timely manner.	$500 per month, or part thereof, late
9a	Failure to perform evaluations and report OCCTR results during the time period required, and/or failure to submit a written progress report and/or evaluation report to IDEM in a timely manner.	$250 per month, or part thereof, late
9b	Failure to recommend installation of OCCTR method(s), according to the Respondent’s evaluation during the time period required, and/or failure to submit a written progress report to IDEM in a timely manner.	$250 per month, or part thereof, late
9c	Failure to implement the OCCTR method(s) within the time period required, and/or failure to submit a written progress report to IDEM in a timely manner.	$500 per month, or part thereof, late
9d	Failure to perform evaluations and report OCCTR-based WQP monitoring results during the time period required, and/or failure to submit a written progress report to IDEM in a timely manner.	$500 per month, or part thereof, late
9e	Failure to complete the proper installation and to operate the recommended OCCTR method(s) throughout the distribution system within the time period required, and/or failure to submit a written progress report to IDEM in a timely manner.	$500 per month, or part thereof, late
10	Failure to conduct follow-up tap water lead monitoring, and/or failure to submit reports to IDEM as required.	$250 per month, or part thereof, late

 

1. Stipulated penalties shall be due and payable within 30 days after Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent=s violation of this Agreed Order or Indiana law, including, but not limited to, civil penalties pursuant to IC 13-30-4.
2. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:

Cashier

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

3. In the event that the civil penalty required by Order paragraph 12, is not paid within 30 days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.
4. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
5. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.
6. The 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.
7. This Agreed Order shall remain in effect until the Respondent has complied with Order Paragraphs 2 through 16 of this Agreed Order, and until IDEM issues a Close-out Letter to Respondent.

TECHNICAL RECOMMENDATION: RESPONDENT:

By: Signed by MARK W. STANIFER By: Signed by LEE CARNAHAN_

Office of Enforcement

Date: 11/10/2002_______________

Date: 10/03/2002_________________

By: Signed by CAL CARNAHAN_

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: Signed by MARY ANN HABEEB By: ________________________

Office of Legal Counsel

Date: 12/21/2002_________________ Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS __25___ DAY OF __November__, 2002.

For the Commissioner: