STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
COMMISSIONER OF THE DEPARTMENT )
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) CAUSE NO. 2000-9067-W
)
CEDAR LAKE BIBLE CONFERENCE CENTER, )
)
Respondent. )
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.
Respondent is the Cedar Lake Bible Conference Center. (
A
Respondent
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), which owns and operates a public water supply located at 13701 Lauerman Avenue, in Cedar Lake, Lake County, Indiana. This is a community public water supply (PWS), PWSID Number 5245055, that serves 150 people.
The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and subject matter of this action.
Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Bob McRae
Executive Director
Cedar Lake Bible Conference Center
P.O. Box 665
Cedar Lake, Indiana 46303
5. 327 IAC 8-2-38 states, in part, that public water supplies serving 50,000 or fewer people that exceed the lead or copper action level shall monitor the following water quality parameters (WQPs):
pH;
alkalinity;
orthophosphate, when an inhibitor containing phosphate is used;
silica, when an inhibitor containing a silica compound is used;
calcium;
conductivity; and
water temperature.
A system that serves between 25 to 500 people shall collect WQP samples from each entry point and one distribution sample tap twice during each monitoring period in which the lead or copper action level is exceeded. The Cedar Lake Bible Conference Center exceeded the lead action level during the January 1- June 30, 1999 monitoring period and failed to monitor for WQPs in violation of 327 IAC 8-2-38.
327 IAC 8-2-40 states, in part, that all public water supplies serving 50,000 or fewer people that exceed the lead or copper action level shall recommend optimal corrosion control treatment within six months of exceeding the lead or copper action level. The Cedar Lake Bible Conference Center exceeded the lead action level during the January 1- June 30, 1999 monitoring period and failed to submit an optimal corrosion control treatment recommendation in violation of 327 IAC 8-2-40.
327 IAC 82-44 states, in part, that all public water supplies shall distribute the public education materials contained in the rule within 60 days of exceeding the lead action level. The Cedar Lake Bible Conference Center exceeded the lead action level during the January 1- June 30, 1999 monitoring period monitoring period and failed to distribute public education materials in violation of 327 IAC 8-2-44.
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 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.
Within thirty (30) days of the Effective Date of this Agreed Order, the Respondent shall monitor for the required WQPs in the Cedar Lake Bible Conference Center
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s public water supply system, in accordance with 327 IAC 8-2-38, and submit a copy of the results to both the Drinking Water Branch (DWB) and the Office of Enforcement (OE) of IDEM. The WQPs shall be monitored by collecting two samples for each WQP from each entry point into the distributions system and two samples for each WQP from one distribution system tap. The following are the WQPs to be monitored:
pH;
alkalinity;
orthophosphate, when an inhibitor containing phosphate is used;
silica, when an inhibitor containing a silica compound is used;
calcium;
conductivity; and
water temperature.
Within thirty (30) days of the Effective Date of this Agreed Order, the Respondent shall distribute the public education materials contained in 327 IAC 8-2-44 to the people served by the Cedar Lake Bible Conference Center
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s distribution system, in accordance with 327 IAC 8-2-44, and submit a copy of the public education material distributed, along with an explanation of how it was distributed, to both the DWB and the OE of IDEM, in accordance with 327 IAC 8-2-46(f).
Within thirty (30) days of the Effective Date of this Agreed Order, the Respondent shall
prepare an optimal corrosion control treatment recommendation in accordance with 327 IAC 8-2-40, and submit a copy of the results to both the DWB and the OE of IDEM.
5. All submittals required by this Agreed Order to be submitted to the OE, unless notified otherwise in writing, shall be sent to:
Christina Sorensen, Case Manager, Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
All submittals required by this Agreed Order to be submitted to the DWB, unless notified otherwise in writing, shall be sent to:
Stacy Jones
Drinking Water Branch
Indiana Department of Environmental Management
P.O. Box 7148
Indianapolis, Indiana 46207-7148
6. Respondent is assessed a civil penalty of One Thousand Eight Hundred Seventy-Five Dollars ($1,875). Said penalty amount shall be due and payable to the Environmental Management Special Fund according to the following payment plan:
| Date Due | Payment Amount |
| July 31, 2000 | $312.50 |
| August 31, 2000 | $312.50 |
| September 30, 2000 | $312.50 |
| October 31, 2000 | $312.50 |
| November 30, 2000 | $312.50 |
| December 31, 2000 | $312.50 |
Paragraph 3 $1,000 per each week past the 30 day deadline that the Respondent fails to submit the required copy of the public education material distributed, along with an explanation of how it was distributed.
Paragraph 4 $1,000 per each week past the 30 day deadline that the Respondent fails to submit a copy of the prepared optimal corrosion control treatment recommendation.
8. Stipulated penalties shall be due and payable within thirty (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
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s violation of this Agreed Order, or Indiana law, including but not limited to civil penalties pursuant to IC 13-30-4.
9. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause 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
10. In the event that the civil penalty required by paragraph 6 is not paid within thirty (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.
11. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The Respondent
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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.
12. 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.
13. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights to the restaurant 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.
14. This Agreed Order shall remain in effect until Respondent has complied with the requirements of paragraphs 2 through 4 and 6 of this Agreed Order, and Complainant issues a Resolution of Cause letter.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management
By: _________________________ By: _________________________
Mark W. Stanifer, Section Chief
Office of Enforcement Printed: ________________________
Title: ________________________
Date: _______________ Date: _______________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: _____________________
Nancy A. Holloran
Office of Legal Counsel
Department of Environmental Management
Date: _______________ Date: _______________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 2000.
For the Commissioner,
Signed July 6, 2000
Felicia A. Robinson
Assistant Commissioner of Enforcement
Converted by Andrew Scriven