STATE OF INDIANA

COUNTY OF MARION

)
)
)


SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

MILLWOOD ACRES LLC,

Respondent.

)
)
)
)
)
)
)
)
)
)






Case Nos.
2010-19419-W

2010-19509-D

 

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 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

 

3.                  Complainant is the Commissioner (Complainant) of the Indiana Department of Environmental Management (IDEM), a department of the State of Indiana created by Indiana Code (IC) 13-13-1-1.

 

4.                  Respondent is Millwood Acres LLC, which owns/operates the Millwood Acres Wastewater Treatment Plant with National Pollutant Discharge Elimination System (NPDES) Permit No. IN0036412, located at 9462 State Road 19 in Etna Green, Kosciusko County, Indiana (“Site A”).

 

5.                  Respondent also owns/operates a community public water supply (PWS) system with PWSID No. IN5243016, serving 113 persons located at 9452 N SR 19, Lot 3 in Etna Green, Kosciusko County, Indiana (“Site B”).

 

6.                  IDEM has jurisdiction over the parties and the subject matter of this action.

 

7.                  Pursuant to IC 13-30-3-3, IDEM issued Notices of Violation (NOVs) for Site A (Case No. 2010-19419-W), via Certified Mail, on September 13, 2010, and for Site B (Case No. 2010-19509-D), via Certified Mail, on October 12, 2010, to:

 

Joel Comino, Registered Agent

Millwood Acres, LLC

12781 CR 44

Millersburg, IN 46543

 

8.                  Respondent is the business of operating a mobile home park and providing water and wastewater treatment services for residents of the park.

 

9.                  During an investigation conducted by a representative of IDEM, the following violations were found at Site A:

 

A.                 Pursuant to 327 IAC 5-2-8(1), Respondent is required to comply with all terms and conditions of the Permit. Pursuant to Part I.A.1 of the Permit, Respondent is required to meet flow monitoring requirements and effluent limitations for pH, carbonaceous biochemical oxygen demand, five day (cBOD5), total suspended solids (TSS), ammonia nitrogen (NH3-N), E. coli, total residual chlorine (TRC), and dissolved oxygen (DO) for the Site.

 

IDEM records review showed that effluent violations occurred at Respondent’s wastewater treatment plant for: NH3-N during the months of January, March, and April 2010; E. coli during the month of April 2010; TRC during the month of April 2010; DO during the month of April 2010; cBOD5 during the month of  April 2010; and TSS during the month of April 2010, in violation of 327 IAC 5-2-8(1) and Part I.A.1 of the Permit.

 

B.                 Pursuant to 327 IAC 5-22-10, and Part II.A.14. of the Permit, the owner or governing body of a wastewater treatment plant shall be responsible for accomplishing the following:

1)         Provide adequate funding and oversight to ensure the proper:

a)         operation;

b)         maintenance;

c)         management; and

d)         supervision;

of the designated facilities.

 

2)         Place each wastewater treatment plant under the direct supervision of one certified operator to be in responsible charge who:

a)         holds a current certification of a classification eligible for operation at the classification of the wastewater treatment plant;

b)         makes process control or system integrity decisions about the overall daily operation, maintenance, management, and supervision of each wastewater treatment plant necessary to meet the performance requirements and limits of:

i)          the assigned permit;

ii)         local ordinances; and

iii)        other applicable regulatory requirements; and

c)         is responsible that written and electronic monitoring reports are prepared under his or her direction or supervision in accordance with a system designed  to assure that qualified personnel properly gather and evaluate the information submitted. The responsible charge operator certifies that based on his or her inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, that the information submitted is, to the best of his or her knowledge and belief, true, accurate, and complete.

 

3)         Notify the commissioner of the name of the person designated according to subdivision b. to be the certified operator in responsible charge.

 

4)                 Submit written notification to the commissioner not later than 30 days after the occurrence of a change in one of the following:

a)                  The person serving as the certified operator in responsible charge of the wastewater treatment plant.

b)                  Conditions or circumstances that were used as the basis for the original classification of the wastewater treatment plant.

 

5)         The responsibilities of the owner or governing body described in this section may not be delegated.

 

IDEM’s investigation discovered that Respondent has not provided funding and oversight to ensure the proper operation and maintenance of the wastewater treatment plant by failing to place it under the direct supervision of one certified operator to be in responsible charge since May 2, 2010, in violation of 327 IAC 5-22-10 and Part II.A.14. of the Permit. No discharge monitoring reports (DMRs) or monthly reports of operation (MROs) have been submitted for Respondent’s wastewater treatment plant for the months of May through July 2010, in violation of 327 IAC 5-22-10 and Part I.B.3. of the Permit.

 

10.             During an investigation conducted by a representative of IDEM, the following violations were found at Site B:

 

A.                 Pursuant to 327 Indiana Administrative Code (IAC) 8-2-8(c), a community PWS system using ground water and serving no more than 1,000 persons must collect at least one routine total coliform sample each calendar month.

 

IDEM records indicate Respondent failed to collect at least one routine total coliform sample from its PWS system during February, April, and May 2010; each in violation of 327 IAC 8-2-8(c).

 

B.                 Pursuant to 327 IAC 8-2-7, the microbiological maximum contaminant level (MCL) applies to all PWS facilities and is based on the presence or absence of total coliforms in a sample, rather than coliform density. For a system which collects fewer than 40 samples per month, if no more than one sample collected during the month is total coliform positive, the system is in compliance with the MCL for total coliforms.

 

IDEM records indicate that a positive sample result for total coliforms was obtained in July 2010.

 

Pursuant to 327 IAC 8-2-8.1, if a routine sample is total coliform positive, the PWS must collect a set of repeat samples within 24 hours of being notified by the laboratory or the commissioner of the positive result.

 

IDEM records indicate that Respondent failed to collect the required number of repeat samples in a timely manner in July 2010, following notification of a positive result, in violation of 327 IAC 8-2-8.1.

 

C.                Pursuant to 327 IAC 8-2-5.5, a community ground water PWS shall take a minimum of one sample at every entry point to the distribution system that is representative of each well after treatment for volatile organic compound (VOC), testing for four consecutive quarters (base monitoring) during each compliance period (three years), in order to determine compliance with section 5.4 of this rule, beginning with the initial compliance period. Each community ground water system that does not detect a contaminant listed in section 5.4 is eligible for a waiver from the four consecutive quarters of monitoring, effective for no more than six years (two compliance periods). As a condition of the waiver, a ground water system must take one sample at each sampling point during the time the waiver is effective.

 

IDEM records indicate that the former PWS owner completed base monitoring (four quarters) for VOC testing during the second compliance period and did not have any detections. In a December 5, 2007 letter, IDEM granted the former PWS owner a waiver reducing monitoring frequency for VOC testing to once every three years, with the next monitoring scheduled to occur during 2009.   The former PWS owner failed to monitor/report VOC testing for the year 2009.  The Respondent took ownership responsibility in January 2010, and was informed by IDEM in a January 7, 2010 letter of his current sampling and monitoring requirements, which included VOC testing in 2010, because the former owner had failed to monitor VOCs in 2009. Respondent was informed by IDEM, in a February 10, 2010 letter, of corrective action needed for compliance with VOC monitoring/ reporting, and given until February 28, 2010 to make up the missed monitoring and was given until March 31, 2010 to submit the results to IDEM. Respondent has failed to monitor/report VOC testing within the required time frame in 2010, in violation of 327 IAC 8-2-5.5.

 

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

 

IDEM records indicate Respondent failed to notify persons served by its PWS system of the failure to perform the total coliform monitoring required pursuant to 327 IAC 8-2-8(c) during February, April, and May 2010, in violation of 327 IAC 8-2.1-7. Respondent also failed to notify persons served by its PWS system of the failure to perform VOC testing in 2010, as required pursuant to 327 IAC 8-2-5.5, in violation of 327 IAC 8-2.1-7.

 

E.                 Pursuant to 327 IAC 8-12-1.1, the owner of a water treatment plant or water distribution system shall be responsible to accomplish the following:

 

1)                 Place each water treatment facility and water distribution system under the direct supervision of a certified operator in responsible charge who:

 

a)                  has a valid certification of a grade eligible for operation at the classification of water treatment facility or water distribution system of responsibility; and

b)                  is available to make process control or system integrity decisions about water quality or quantity that affect public health.

 

2)                 Designate a certified operator to have complete responsibility for the proper operation of the water treatment facility or water distribution system.

 

3)                 Assure that a minimum of one operator certified according to this rule must be available.

 

4)                 Notify the commissioner of the name of the person designated according to this rule to be the certified operator in responsible charge.

 

5)                 Submit written notice to the commissioner no later than 30 days after the occurrence of one of the following:

 

a)                  A change in the person serving as the certified operator in responsible charge.

b)                  A change in conditions or circumstances that were used as the basis for the original classification of the water treatment plant or water distribution system.

 

During a January 20, 2010 sanitary survey, an IDEM representative observed that Respondent had failed to place the water treatment facility under the direct supervision of a certified operator in responsible charge who has a valid certification according to the rule.  In a January 29, 2010 IDEM letter, Respondent was informed to retain the services of a certified operator and notify IDEM, in writing, by February 7, 2010.  Respondent has failed to place the water treatment facility under the direct supervision of a certified operator in responsible charge who has a valid certification according to the rule in violation of 327 IAC 8-12-1.1.

 

F.                 Pursuant to 327 IAC 8-2-8.2(e)(2)(c), the commissioner may review results of a community water system’s sanitary survey to determine whether significant deficiencies relating to drinking water treatment exist, including no provisions to warn operators of treatment failures.

 

IDEM conducted a sanitary survey at Respondent’s PWS on January 20, 2010 and a follow up inspection on June 12, 2010 which identified a need for Respondent to develop and submit an emergency plan to identify steps to handle a loss of pressure event of less than twenty pounds per square inch (20 psi). Respondent failed to provide an adequate emergency plan that would include identified procedural steps to handle a loss of water pressure to levels below 20 psi, in violation of 327 IAC 8-2-8.2(e)(2)(c).

 

G.                Pursuant to 327 IAC 8-4-1, no one shall install or contract for the construction of any PWS facilities, including water purification or treatment works, or make any material change in any such existing facilities or works, until plans and specifications, together with an engineering report supporting in detail the design set forth in the plans, shall have been submitted to and approved by the commissioner, so far as relates to their sanitary features except for at small transient or small nontransient noncommunity public water systems.

 

Pursuant to 327 IAC 8-3-2, no person shall cause or allow the construction, installation, or modification of any facility, equipment, or device for any PWS without having a valid construction permit issued by the commissioner, except for replacement of equipment of similar design and capacity, none of which will change adversely:

 

1)                  the plant operation;

2)                  its hydraulic design or waste products; or

3)                  the water distribution system design, operation, or capacity;

 

without first submitting in writing to the commissioner a detailed statement of the proposed changes and receiving an amended construction permit from the commissioner.

 

IDEM issued an “After The Fact” PWS construction permit to the previous owner of the PWS for a new well on May 5, 2009 under a condition that all requirements of an October 24, 2008 Well Site Survey are met. As the new owner of the PWS, Respondent was informed during the January 20, 2010 sanitary survey, that he was required by the 10/24/08 Well Site Survey to obtain a construction permit for installation of disinfection equipment and complete the installation by July 1, 2010. Respondent failed to meet the disinfection equipment installation requirements of the 10/24/08 Well Site Survey, thus Respondent is in violation of 327 IAC 8-4-1 and 327 IAC 8-3-2.

 

11.             A telephonic settlement conference was held on October 26, 2010 during which terms and conditions of the Agreed Order, and compliance requirements at Sites A and B were discussed.

 

12.             In recognition of the settlement reached, 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 Complainant or Complainant’s delegate, and has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Upon the Effective Date of this Agreed Order, Respondent shall comply with 327 IAC 5-22-10, and Part II.A.14. of the Permit.  Specifically for Site A, Respondent shall place the Millwood Acres wastewater treatment plant under the direct supervision of a certified operator, holding a current, valid Class I Indiana wastewater treatment plant operator’s certificate, to be in responsible charge on a continuous basis.  Upon the Effective Date of this Agreed Order, Respondent shall also comply with 327 IAC 8-12-1.1.  Specifically for Site B, Respondent shall place the Millwood Acres PWS under the direct supervision of a certified operator, holding an appropriate, current, and valid Indiana DSS distribution system operator’s certificate, to be in responsible charge on a continuous basis. Upon installation of the required disinfection equipment, Respondent shall place the Millwood Acres PWS under the direct supervision of a certified operator, holding an appropriate, current, and valid Indiana WT2 water treatment operator’s certificate, to be in responsible charge on a continuous basis.

 

3.                  Within 30 days of the Effective Date of this Agreed Order, Respondent shall develop and submit to IDEM for its approval a compliance plan (CP) for Site A that includes the following:

 

a.                  actions that Respondent will take to study future needs for WWTP upgrade and expansion, training, and staffing, in order to comply with all conditions of the Permit.

 

b.                  actions that Respondent will take to ensure that all WWTP processes, equipment and infrastructure are at all times efficiently operated and maintained in good working order, including repairs and preventative maintenance documentation, and performance of all other monitoring, sampling, testing, and recordkeeping;

 

c.                  actions that Respondent will take to accurately and consistently monitor flow volume and mass parameters, and meet all effluent limits, and to report and correct all treatment process bypasses as required by the Permit;

 

d.                  an implementation and completion schedule, including specific milestone dates for developing and implementing the items required by items a, b, and c above.

 

4.                  The Respondent shall, within nine months of the completion of the portion of the CP required by Paragraphs 2 and 3 (Performance Period), demonstrate a period of six consecutive months that it consistently meets all Permit conditions and requirements for Site A.  During the Performance Period, the Respondent shall be subject to stipulated penalties, as specified below.  Within sixty days of the date that Respondent fails to achieve the Compliance Demonstration at Site A, or it becomes aware that it will not be able to achieve the Compliance Demonstration within the Performance Period, it shall develop and submit to IDEM, for approval, a plan which identifies the additional actions that Respondent will take to consistently meet all Permit conditions and spill response requirements.  This “Additional Action Plan”, if required, shall include a new implementation and completion schedule, including specific milestone dates.

 

5.                  The plans required by Paragraphs 3 and 4 above are subject to IDEM approval. In the event IDEM determines that any plan submitted by Respondent is deficient or otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM in accordance with IDEM’s notice. After three submissions of such plan by Respondent, IDEM may modify and approve any such plan and Respondent must implement the plan as modified by IDEM.

 

The Respondent, upon receipt of written notification from IDEM, shall immediately implement the approved plan and adhere to the milestone dates therein.  The approved Compliance Plan and Additional Action Plan shall be incorporated into the Agreed Order and shall be deemed an enforceable part thereof.  Failure by the Respondent to submit any plan by the specified date, or to meet any of the milestones in the approved plan will subject the Respondent to stipulated penalties as described below.  Failure to achieve compliance at the conclusion of work under an Additional Action Plan will subject Respondent to additional enforcement action.

 

6.                  Beginning on the Effective Date of this Agreed Order and continuing until the completion of the Plans required by Paragraphs 3, 4, and 5, the Respondent shall, at all times, operate its existing wastewater treatment system as efficiently and effectively as possible.

 

7.                  For Site B, beginning within 30 days of the Effective Date, Respondent shall, for the purposes of this Order collect at least one routine total coliform sample in its PWS system, and report the results to IDEM, for 12 consecutive months.  It is the responsibility of the Respondent to continue sampling monthly, pursuant to 327 IAC 8-2-8 (c), after completion of the 12 consecutive months of sampling required by this paragraph.

 

8.                  Within the shorter of either 10 days after Respondent receives any total coliform monitoring results or 10 days after the end of the applicable total coliform monitoring period, Respondent shall submit said monitoring results for its PWS system to IDEM.

 

9.                  If the results of any routine monthly sample for total coliform required by paragraph 7 indicate a “positive” result, the following actions shall be taken:

a.                  Further analyze the positive sample for E. coli;

b.                  Contact the Drinking Water Branch immediately at 317-234-7445 for further instructions;

c.                  Collect four repeat samples and one ground water source sample for total coliform bacteria within 24 hours; and

d.                  In the following month, collect five routine samples rather than the usual one.

 

10.             Beginning upon the Effective Date, Respondent shall demonstrate one full year of operation in compliance with the total coliform rule and ground water rule (including the MCL, monitoring, reporting and public notification requirements).  This will be referred to as the Compliance Demonstration for Site B.

 

In the event the Respondent fails to achieve the requirements of the Compliance Demonstration for Site B, Respondent shall within 60 days of becoming aware of such failure, develop and submit to IDEM a Compliance Plan (CP) which identifies actions to be taken in order to achieve compliance.  The CP shall include an implementation and completion schedule, including specific milestone dates.  The CP shall be subject to the approval of IDEM.  The approved CP shall be incorporated into this Agreed Order and shall be deemed an enforceable part hereof.

 

11.             Within 30 days of the Effective Date, Respondent shall provide public notice for the past total coliform and VOC monitoring violations listed in Paragraph 8 of the Findings of Facts above, by following these steps:

 

a.         Complete attached public notice and certification form for public notice.

b.         Post public notice where the public has ready access for viewing, and for as long as the violation persists, but in no case less than seven days, even if the violation is resolved.

 

12.             Within 10 days of issuing the public notice in Paragraph 11 of this Order, Respondent shall send to IDEM a signed certification form for public notice and representative copy of the public notice issued.

 

13.             Within 30 days of Effective Date, Respondent shall submit to IDEM a construction permit application including plans and specifications for the installation of appropriate disinfection equipment for the PWS, as required by the May 5, 2009 an “After The Fact” PWS construction permit and requirements of the October 24, 2008 Well Site Survey, and shall install the disinfection equipment within 30 days of construction permit approval by IDEM.

 

14.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Dave Knox, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Water Quality – Mail Code 60-02W

100 North Senate Avenue, Room 1255

Indianapolis, IN 46204-2251

 

15.             Respondent is assessed a civil penalty of Eight Thousand Nine Hundred Fifty Five Dollars ($8,955).  Said penalty amount shall be due and payable to the Environmental Management Special Fund in eighteen (18) monthly installment payments. The first monthly installment payment for Four Hundred Fifty Five Dollars ($455) is due within thirty (30) days of the Effective Date.  Each of the remaining seventeen (17) monthly installment payments for Five Hundred ($500) shall be due within 30 days of the preceding month’s due date.   In the event that any civil penalty installment is not paid within thirty (30) days of its due date, 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.

 

16.             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:

 

Paragraph

Violation

Stipulated Penalty

2

Failure to place wastewater plant or PWS under the direct supervision of a certified operator to be in responsible charge on a continuous basis.

 $500 per week without appropriately certified operator at each Site.

3

Failure to submit compliance plan within the required time period.

$500 per week late, or part thereof.

4

Failure to submit the Additional Action Plan, if required, within the given time period.

$250 per each week or part thereof late

4

Failure to comply with permit terms and conditions during the Performance Period.

$150 per event

5, 10

Failure to submit or resubmit any revised CP or Additional Action Plan, if required, or to respond to IDEM requests within the required timeframe.

$250 per each week or part thereof late

5, 10, 11

Failure to implement, or meet any condition or milestone date set forth in any approved CP or Additional Action Plan

$500 per week late, or part thereof.

7

Failure to monitor total coliform for 12 consecutive months beginning within 30 days of the Effective Date.

$500 per sample missed.

8

Failure to submit total coliform sample results to IDEM within the shorter of 10 days after receiving the total coliform monitoring results, or 10 days after the end of the applicable total coliform monitoring period.

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

9

Failure to comply with any or all of the requirements of this paragraph, once a total coliform positive sample result is obtained.

$250 per week for violation of any part of this requirement.

12

Failure to provide public notice for the monitoring violations listed in Paragraph 11 of the Findings of Fact within 30 days of the Effective Date.

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

12

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

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

13

Failure to timely submit appropriate construction permit application for disinfection equipment and/or failure to timely install equipment after approval by IDEM.

$500 per week late, or part thereof.

 

17.             Stipulated penalties shall be due and payable within 30 days after Respondent receives written notice that Complainant has determined a stipulated penalty is due.  Assessment and payment of stipulated penalties shall not preclude Complainant from seeking any additional relief against Respondent for violation of this Agreed Order.  In lieu of any of the stipulated penalties set out above, 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.

 

18.             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:

 

Indiana Department of Environmental Management

Cashier – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, IN 46204-2251

 

19.             This Agreed Order shall apply to and be binding upon Respondent and 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.

 

20.             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.

 

21.             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.

 

22.             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 permit or any applicable Federal or State law or regulation.

 

23.             Complainant does not, by its 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.

 

24.             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 NOV.

 

25.             Nothing in this Agreed Order shall prevent IDEM [or anyone acting on its behalf] from communicating with the 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 EPA or any other agency or entity.

 

26.             This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of Order Paragraph Nos. 2 through 18 and IDEM issues a Resolution of Case letter.

 

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

 

TECHNICAL RECOMMENDATION:

RESPONDENT:

Department of Environmental Management

Millwood Acres, LLC

 

 

By: ________________________

By:  ________________________

 

Mark W. Stanifer, Chief

 

 

Water Enforcement Section

 

Office of Water Quality

 

 

 

 

 

Date: ______________________

Date: _______________________

 

 

 

 

COUNSEL FOR COMPLAINANT:

COUNSEL FOR RESPONDENT:

For the Department of Environmental Management

 

 

 

By: ________________________

By: _________________________

 

 

 

 

 

Date: _______________________

Date: _______________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS ______ DAY OF _________________, 20___.

 

 

For the Commissioner:

 

 

 

Signed on January 4, 2011

 

Bruno Pigott

 

Assistant Commissioner

 

Office of Water Quality