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 Lonnie's Entertainment Inc. ("Respondent"), who owns and operates a public water supply ("PWS") system located at Lonnie's Supper Club, 14501 West Commerce Road, in Daleville, Delaware County, Indiana. This is a transient noncommunity PWS system, PWSID Number 2180906, that serves 25 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:

5. On or before November 2, 2000, and on or before April 30, 2001, record reviews were conducted by a representative of IDEM's Office of Water Quality ("OWQ"). The following violations were in existence or observed at the time of these record reviews:

6. On April 28, 2000, IDEM issued a Warning of Noncompliance letter ("WONC") to Mr. Lonnie Fish at Lonnie's Supper Club, 14501 West Commerce Road, Daleville, Indiana 47334. The WONC addressed the nitrate monitoring violations during 1997, 1998, and 1999, and the total coliform monitoring violations during the first, second, third, and fourth quarters of 1997, the first, second, third, and fourth quarters of 1998, and the first, second, third, and fourth quarters of 1999. Furthermore, the WONC requested that the recipient provide a written response to IDEM within fourteen days of its receipt. IDEM received no response to the WONC.

7. In recognition of the settlement reached, the 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.

2. The Respondent shall comply with 327 IAC 8-2-4.1(f), 327 IAC 8-2-8(c), and 327 IAC 8-2-15(d).

3. Within thirty (30) days after the Effective Date of this Agreed Order and during each calendar year thereafter, the Respondent shall monitor for nitrate at the entry point to the Lonnie's Supper Club PWS system, pursuant to 327 IAC 8-2-4.1(f).

4. Within thirty (30) days after the Effective Date of this Agreed Order and each calendar quarter thereafter that the Lonnie's Supper Club PWS system is in operation, the Respondent shall monitor for total coliform in the Lonnie's Supper Club PWS system, pursuant to 327 IAC 8-2-8(c).

5. Within the shorter of either ten (10) days after the Respondent receives any nitrate or total coliform monitoring results or ten (10) days after the end of the applicable nitrate or total coliform monitoring period, the Respondent shall submit said monitoring results for the Lonnie's Supper Club PWS system to IDEM, pursuant to 327 IAC 8-2-13(a). A copy of the monitoring results shall be sent to both IDEM's Office of Enforcement ("OE") and OWQ's Drinking Water Branch ("DWB").

6. Within thirty (30) days after the Effective Date of this Agreed Order, the Respondent shall provide public notification for the violations listed in Section I, Paragraph 5.C., by hand delivery or posting in a conspicuous location in the area served by the Lonnie's Supper Club PWS system, pursuant to 327 IAC 8-2-15(d).

7. In the event that the Respondent fails to complete any monitoring required by this Agreed Order, the Respondent shall, within three (3) months of the failure, provide public notification of said failure by hand delivery or posting in a conspicuous location in the area served by the Lonnie's Supper Club PWS system, pursuant to 327 IAC 8-2-15(d).

8. Within seven (7) days of providing any public notice required by this Agreed Order, the Respondent shall submit a copy of the public notice to IDEM, pursuant to 327 IAC 8-2-13(c). A copy of the public notice, along with an explanation of how the public notification was distributed, shall be sent to both IDEM's OE and OWQ's DWB.

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

Richard Deitsch, Office of Enforcement

Indiana Department of Environmental Management

100 North Senate Avenue

P.O. Box 6015

Indianapolis, IN 46206-6015

10. 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

P.O. Box 7148

Indianapolis, IN 46207-7148

11. In consideration of the Respondent's timely and cooperative settlement of these issues, no civil penalty is being assessed in this case.

12. 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:

13. 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.

14. 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

15. 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.

16. 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.

17. 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.

18. This Agreed Order shall remain in effect for at least 2 years from the Effective Date of this Agreed Order and until the Respondent has complied with the terms and conditions of Paragraphs 3, 4, 5, 6, 7, and 8 of this section of the Agreed Order.