Kokomo country club, inc.,



Case No. 2019-26127-W




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.




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.             Kokomo Country Club, Inc. (Respondent), which owns/operates the Kokomo Country Club, located at 1801 Country Club Drive, Kokomo, Howard County, Indiana (the Site).


3.             Respondent is authorized by its National Pollutant Discharge Elimination System (NPDES) Permit No. IN0062189 (the Permit) to discharge wastewater treated in accordance with the terms and conditions of the NPDES Permit from the Wastewater Treatment Plant (WWTP) into Kokomo Creek, via Outfall 001.


4.             IDEM has jurisdiction over the parties and the subject matter of this action pursuant to IC 13-30-3.


5.             Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (NOV) via Certified Mail/personal service to:


Jamie Tutela, Registered Agent

Michael Platt, President

Kokomo Country Club, Inc.

Kokomo Country Club, Inc.

1633 Boca Raton Blvd

1221 Highland Drive

Kokomo, Indiana 46902

Kokomo, Indiana 46902


6.             During an investigation conducted by a representative of IDEM, violations were found, as described below.


7.             327 Indiana Administrative Code (IAC) 5-2-8(1), states the permittee shall comply with all terms and conditions of the Permit. Any permit noncompliance constitutes a violation of the Clean Water Act and IC 13 and is grounds for enforcement action by IDEM.


8.             Pursuant to 327 IAC 5-2-15, the permittee shall report to the Commissioner, using Discharge Monitoring Reports (DMRs). Industrial dischargers shall also submit the results of effluent analysis on the Indiana Monthly Monitoring Report (MMR). The reports shall be submitted as often as required by the permit, and shall include the results of any monitoring specified by the permit pursuant to 327 IAC 5-2-13.


Pursuant to Part I.C. 2 of the Permit, the permittee shall submit accurate reports containing results obtained during the previous monitoring period, and shall be postmarked no later than the 28th day of the month following each completed monitoring period. These reports shall include, but not limited to, the MMR and the DMR. All reports shall be submitted electronically using the NetDMR website.


Respondent failed to submit MMRs and DMRs in a timely manner for the months of August, September, December 2016, January, May, July, August, October, November 2017, February, May, June, September, October, November, December 2018, and January 2019, each in violation of 327 IAC 5-2-15 and Part I.C. 2 of the Permit.


9.             In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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 8 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 NOV and prior to the Effective Date.


2.             Respondent shall comply with rules and statutes listed in the findings above at issue.


3.             Beginning immediately upon the Effective Date, Respondent shall monitor and timely submit DMRs and MMRs as required by the Permit for twelve (12) consecutive months of operation (Compliance Demonstration). In the event that violation(s) occur during the Compliance Demonstration, the Compliance Demonstration will re-start and Respondent will be subject to stipulated penalties.


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


Brandi Collignon, Enforcement Case Manager

Office of Water Quality – IGCN 1255

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251


5.             Respondent is assessed and agrees to pay a civil penalty of One Hundred Fifty Dollars ($150). Said penalty amount shall be due and payable to the “Environmental Management Special Fund” within 30 days of the Effective Date, the 30th day being a “Due Date.”


6.             In the event the terms and conditions of the following paragraphs are violated, IDEM may assess and Respondent shall pay the corresponding stipulated penalty:




Stipulated Penalty


Failure to submit MMRs and DMRs as required by the Permit within the given time period.

$250 per week late, or part thereof.


7.             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.


8.             Civil and stipulated penalties are payable by check to the “Environmental Management Special Fund.” Checks shall include the Case Number 2019-26127-W of this action and shall be mailed to:


Office of Legal Counsel

Indiana Department of Environmental Management

IGCN, Room N1307

100 North Senate Avenue

Indianapolis, IN 46204


9.             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.


10.         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.


11.         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.


12.         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.


13.         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.


14.         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.


15.         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.


16.         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.


17.         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.






Department of Environmental Management

Kokomo Country Club, Inc.




Samantha K. Groce, Chief


Water Enforcement Section


Surface Water, Operations &


Enforcement Branch


Office of Water Quality



















MANAGEMENT THIS ___________ DAY OF ________________, 20___.



For The Commissioner:




Signed on July 8, 2019


Martha Clark Mettler


Assistant Commissioner


Office of Water Quality