STATE OF INDIANA

STATE OF INDIANA			)		BEFORE THE INDIANA DEPARTMENT
			)	SS:	OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION			)

COMMISSIONER OF THE DEPARTMENT						)
OF ENVIRONMENTAL MANAGEMENT,						)
						)
	Complainant,					)
						)
		v.				)	CASE NO. 2006-15678-W
						)
INDIANA CENTRAL DISTRICT OF THE WESLEYAN CHURCH, INC.						)
						)
	Respondent.					)

AGREED ORDER

The Complainant and the 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.

I. FINDINGS OF FACT

1.                  The Complainant is the Commissioner (hereinafter referred to as Complainant) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2.                  The Respondent is Indiana Central District of the Wesleyan Church, Inc., (“Respondent”), which owns a public water supply (“PWS”) system located at Colfax Wesleyan Church at 5724 South US 52, at Colfax, Clinton County, Indiana. This is a transient noncommunity PWS system, PWSID Number 2120847 that serves 100 people.

3.                  The Indiana Department of Environmental Management (“IDEM”) has jurisdiction over the parties and subject matter of this action.

4.                  Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

Steven D. Emery

Timothy W. Walker, Pastor

President and Registered Agent

Colfax Wesleyan Church

Indiana Central District

P.O. Box 312

of the Wesleyan Church, Inc.

Colfax, Indiana 46035

P.O. Box 748

Fishers, Indiana 46038

5.                  The Notice of Violation identified the following violations:

A.                  Pursuant to 327 IAC 8-2-4.1(f), all PWS systems shall monitor to determine compliance with the maximum contaminant level (“MCL”) for nitrate.

IDEM records indicate that the Respondent failed to monitor its PWS system for nitrate during the years of 2004 and 2005, in violation of 327 IAC 8-2-4.1(f).

B.                 Pursuant to the public notice provisions of 327 IAC 8-2.1-7, the owner or operator of a PWS system which fails to perform monitoring required pursuant to 327 IAC 8-2-4.1(f) or 327 IAC 8-2-8(c ) is required to notify persons served by the PWS system, in the manner provided for in these rules, of such failure.

IDEM records further indicate that the Respondent failed to notify persons served by its PWS system of the failure to perform the nitrate monitoring required pursuant to 327 IAC 8-2-4.1(f) during 2004 and 2005, in violation of the public notice provisions of 327 IAC 8-2.1-7.

6.                  On February 14, 2005 and February 13, 2006, IDEM issued Monitoring and Reporting (“M&R”) Violation letters to the Respondent. The M&R Violation letter addressed nitrate violations that occurred respectively during 2004 and 2005. On March 21, 2006, IDEM issued a Violation Review Letter (“VRL”) to the Respondent. The VRL addressed nitrate monitoring violations that occurred during 2004 and 2005. Furthermore, all letters requested that the recipient provide a written response to IDEM within ten days of its receipt. IDEM received no response to the M&R Violation letters or the VRL.

7.                  In recognition of the settlement reached, the Respondent 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 approved by the Complainant or his 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 Administrative Code (IAC), including, but not limited to, 327 IAC 8-2-4.1(f) and the public notice provisions of 327 IAC 8-2.1-7.

3.                  Respondent shall monitor nitrate at the entry point into the PWS system, within thirty (30) days after the Effective Date of this Agreed Order, pursuant to 327 IAC 8-2-4.1(f).

4.                  Within the earlier of either ten (10) days after the Respondent receives any nitrate results or ten days after the end of the applicable nitrate monitoring period, the Respondent shall submit said monitoring results for its PWS system to IDEM’s, OWQ Drinking Water Branch (“DWB”), pursuant to 327 IAC 8-2-13(a). For the added purpose of complying with this Agreed Order, Respondent also shall, for the first year subsequent to this Order's Effective Date, send to IDEM’s Office of Enforcement (“OE”) a copy of these monitoring results.

5.                  Within thirty (30) days after the Effective Date of this Agreed Order, the Respondent shall provide public notice for the violations listed in Paragraph 5.B of the Findings of Fact, by following these steps:

(a)               Telephone the DWB at 317/308-3286 (or toll free 800/451-6027, extension 308-3286) for direction about the applicable public notice requirements of 327 IAC 8-2.1-7. This direction will address public notice type, form, manner, frequency, and issuance deadline requirements, tailored to the specific violation circumstance and PWS.

(b)               Provide the required public notice commensurate with the type, form, manner, frequency, and issuing deadline direction identified in Step (a).

6.                  In the event that the Respondent fails to complete any PWS monitoring required by this Agreed Order, it shall give public notice of said failure by following these steps:

(a)               Within one (1) business day following the monitoring failure, the Respondent should telephone DWB at 317/308-3286 (or toll free 800/451-6027, extension 308-3286) for immediate direction about the applicable public notice requirements of 327 IAC 8-2.1-7. This direction will address public notice type, form, manner, frequency and issuance deadline requirements, tailored to the specific violation circumstance and PWS.

(b)               Provide the required public notice commensurate with the type, form, manner, frequency, and issuance deadline direction identified in Step (a).

7.                  Pursuant to 327 IAC 8-2-13(d), the Respondent, within ten (10) days of issuing public notice under 327 IAC 8-2.1, shall submit to the Commissioner (IDEM’s OWQ DWB) both a signed certification of compliance to the rules and a representative copy of each notice covered by this certification. For the added explicit purpose of complying with this Agreed Order, Respondent also shall, for the first year subsequent to this Order’s Effective Date, send to IDEM's OE a second copy of foregoing issued certifications and their representative notices.

8.                  All submittals required by this Agreed Order to be submitted to OWQ’s DWB, unless notified otherwise in writing, shall be sent to:

Drinking Water Branch

Indiana Department of Environmental Management

2525 North Shadeland Avenue

Indianapolis, IN 46219-1794

Or by telefax at 317-308-3340

9.                  All submittals required by this Agreed Order to be submitted to OE, unless notified otherwise in writing, shall be sent to:

Jennifer Donahue, Case Manager

Indiana Department of Environmental Management

Office of Enforcement, Mail Code 60-02

100 North Senate Avenue

Indianapolis, IN 46204-2251

10.              In the event the following terms and conditions of this section are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:

Paragraph

Violation

Penalty

Order Paragraph 3

Failure to monitor for nitrate within stated deadline.

$1000 per sample missed.

Order Paragraph 4

Failure to report monitoring results to IDEM within the earlier of 10 days after receiving nitrate monitoring results, or 10

days after the end of the applicable nitrate monitoring period.

$100 per each week, or part thereof, past the applicable 10-day deadline, for failure to report.

Order Paragraph 5

Failure to provide public notice for the monitoring violations listed in Paragraph 5.B of the Findings of Fact.

$250 per each week, or part thereof, past the 30-day deadline.

Order Paragraph 6

Failure to provide public notice for monitoring violations of this Agreed Order.

$250 per each week, or part thereof, past the DWB direction deadline.

Order Paragraph 7

Failure to send to IDEM within 10 days a representative copy of each public notice and its signed and accompanying Certification Form for Public Notice

$100 per each week, or part thereof, past the 10-day deadline.

11.              Stipulated penalties shall be due and payable within thirty (30) days after the 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 the Respondent's violation of this Agreed Order, or Indiana law, including but not limited to civil penalties pursuant to IC 13-30-4.

12.              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:

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50-10C

100 N. Senate Avenue

Indianapolis., IN 46204-2251

13.              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.

14.              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.

15.              The Respondent shall provide a copy of this Agreed Order, if in force to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

16.              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 the Respondent pursuant to this Agreed Order, shall not in any way relieve the Respondent of its obligation to comply with the requirements of any applicable permit or order or with any other applicable federal or state law or regulation.

17.              The Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit or 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 the Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

18.              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 seek additional civil penalties for the violations specified in the Notice of Violation.

19.              Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the United States Environmental Protection Agency (“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 the Respondent may incur as a result of such communications with the EPA or any other agency or entity.

20.              The provisions of this Agreed Order do not in any way relieve the Respondent of its obligation to comply with applicable Federal or State law or regulation.

21.              This Agreed Order shall remain in effect until the Respondent has complied with the terms and conditions of Paragraphs 3 through 12 of this section of the Agreed Order and until IDEM issues a Close-Out letter to the Respondent.

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TECHNICAL RECOMMENDATION:

RESPONDENT:

Department of Environmental Management

Indiana Central District of the Wesleyan Church, Inc.

By:

By:

Mark W. Stanifer

Printed:

Section Chief, Water Section

Title:

Office of Enforcement

Date:

Date:

COUNSEL FOR COMPLAINANT:

COUNSEL FOR RESPONDENT:

Department of Environmental Management

By:

By:

Office of Legal Counsel

Date:

Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

DAY OF

, 200

.

For The Commissioner:

Signed on July 17, 2006

Matthew T. Klein

Assistant Commissioner for

Compliance and Enforcement

Steven D. Emery	Timothy W. Walker, Pastor
President and Registered Agent	Colfax Wesleyan Church
Indiana Central District	P.O. Box 312
of the Wesleyan Church, Inc.	Colfax, Indiana 46035
P.O. Box 748
Fishers, Indiana 46038

Paragraph	Violation	Penalty
Order Paragraph 3	Failure to monitor for nitrate within stated deadline.	$1000 per sample missed.
Order Paragraph 4	Failure to report monitoring results to IDEM within the earlier of 10 days after receiving nitrate monitoring results, or 10 days after the end of the applicable nitrate monitoring period.	$100 per each week, or part thereof, past the applicable 10-day deadline, for failure to report.
Order Paragraph 5	Failure to provide public notice for the monitoring violations listed in Paragraph 5.B of the Findings of Fact.	$250 per each week, or part thereof, past the 30-day deadline.
Order Paragraph 6	Failure to provide public notice for monitoring violations of this Agreed Order.	$250 per each week, or part thereof, past the DWB direction deadline.
Order Paragraph 7	Failure to send to IDEM within 10 days a representative copy of each public notice and its signed and accompanying Certification Form for Public Notice	$100 per each week, or part thereof, past the 10-day deadline.