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 the Town of Pennville (hereinafter referred to as "Respondent"), which owns and operates the Pennville Water Company located in Pennville, Jay County, Indiana.

3.    The Pennville Water Company is a community public water supply (PWS), PWSID Number 5238006, that serves 800 people.

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

5.    327 IAC 8-2-37 requires, in part, that each community and nontransient noncommunity public water supply monitor for lead.

6.    In accordance with 327 IAC 8-2-36(c), a public water supply exceeds the lead action level under the following conditions:

    a.    if public water supply serves 100 or more people and the concentration of lead in more than 10% of the collected samples is greater than 0.015 milligrams per liter, or

    b.    if the public water supply serves fewer than 100 people, collects 5 lead samples in the monitoring period, and the average of the two samples with the highest lead concentrations is greater than 0.015 milligrams per liter.

7.    During the monitoring period from June 1, 1997, to September 30, 1997, the Pennville Water Company exceeded the lead action level.

8.    327 IAC 8-2-38 states, in part, that a PWS serving 50,000 or fewer people shall monitor the following water quality parameters (WQPs) during the monitoring period in which the lead action level was exceeded:

    a.    pH;
    b.    alkalinity;
    c.    orthophosphate, when an inhibitor containing phosphate is used;
    d.    silica, when an inhibitor containing a silica compound is used;
    e.    calcium;
    f.    conductivity; and
    g.    water temperature.
    
    Each affected system shall monitor the WQPs by collecting samples as follows:

---

System Size (Number of People Served)

Number of Samples per WQP per Each Entry Point

Number of Distribution System Taps to be Sampled

Number of Samples per WQP per System Tap

---

25 to 500

2

1

2

---

501 to 3,300

2

2

2

        

     The Respondent failed to monitor the WQPs for the Pennville Water Company within the monitoring period from June 1, 1997, to September 30, 1997, during which the lead action level was exceeded, in violation of 327 IAC 8-2-38. Specifically, the Respondent collected two samples from the entry points into the distribution system and two samples from one distribution tap. However, the Respondent failed to collect samples from a second distribution tap.

10.    327 IAC 8-2-40(e) states, in part, that a PWS serving 50,000 or fewer people that exceeds the lead action level shall recommend optimal corrosion control treatment within six months after exceeding the lead action level.

11.    The Respondent failed to recommend optimal corrosion control treatment for the Pennville Water Company within the six months following the monitoring period from June 1, 1997, to September 30, 1997, after exceeding the lead action level, in violation of 327 IAC 8-2-40(e).

12.    327 IAC 8-2-15(d) states, in substance, that the owner or operator of any public water supply that fails to perform any monitoring required under 327 IAC 8-2 shall notify the people served by the system of that failure.

13.    The Respondent failed to notify the people served by the Pennville Water Company's distribution system of the failure to monitor the WQPs within the monitoring period from June 1, 1997, to September 30, 1997, during which the lead action level was exceeded , in violation of 327 IAC 8-2-15(d):

14.    On August 27, 1998, the Drinking Water Branch (DWB) of IDEM issued a Warning of Noncompliance to the Town of Pennville for the aforementioned violations at the Pennville Water Company, with which the Town of Pennville did not comply.

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

Kathy Corwin, President
Pennville Town Council
P.O. Box 227
Pennville, Indiana 47369

16.    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 his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2.    Within 30 days of the Effective Date of this Agreed Order, the Respondent shall monitor for the remaining required WQPs in the Pennville Water Company's public water supply system, in accordance with 327 IAC 8-2-38, and submit a copy of the results to both the DWB and the Office of Enforcement (OE) of IDEM. The WQPs shall be monitored by collecting two samples for each WQP from an additional distribution system tap. The following are the WQPs to be monitored:

    a.    pH;
    b.    alkalinity;
    c.    orthophosphate, when an inhibitor containing phosphate is used;
    d.    silica, when an inhibitor containing a silica compound is used;
    e.    calcium;
    f.    conductivity; and
    g.    water temperature.
    
3.    Within 30 days of the Effective Date of this Agreed Order, the Respondent shall submit a recommendation for optimal corrosion control treatment for the Pennville Water Company, in accordance with 327 IAC 8-2-40(e), to both the DWB and the OE of IDEM. The optimal corrosion control treatment recommendation is subject to approval by IDEM. If the recommendation for optimal corrosion control treatment is deemed inadequate by IDEM, the Respondent shall submit a revised recommendation for optimal corrosion control treatment within 15 days after receipt of notice from IDEM of the inadequacies thereof. If the revised recommendation is deemed inadequate, IDEM may require further modification of the recommendation as necessary to meet IDEM's requirements. If further modification does not meet IDEM's approval, IDEM will suggest appropriate modification to be undertaken by the Respondent.

4.    The approved recommendation for optimal corrosion control treatment shall be incorporated into, and deemed an enforceable part of, this Agreed Order. Upon receipt of written notice from IDEM, the Respondent shall implement the approved recommendation for optimal corrosion control treatment, including any milestone dates, in accordance with 327 IAC 8-2- 40 and 327 IAC 8-2-41.

5.    Within 30 days of the Effective Date of this Agreed Order, the Respondent shall notify the people served by the Pennville Water Company's distribution system of the failure to monitor the WQPs within the monitoring period from June 1, 1997, to September 30, 1997, during which the lead action level was exceeded, in accordance with 327 IAC 8-2-15(d), and submit a copy of this notification to both the DWB and the OE of IDEM, in accordance with 327 IAC 8-2-13(c).

6.    Unless notified otherwise in writing by IDEM, the Respondent shall conduct follow-up tap water lead monitoring during two consecutive six-month monitoring periods beginning no later than the six-month monitoring period from January 1, 2002, to June 30, 2002, in accordance with 327 IAC 8-2-37(d)(2) and 327 IAC 8-2-40(e). The Respondent shall submit a copy of the monitoring results to both the DWB and the OE of IDEM within the shorter of the following, in accordance with 327 IAC 8-2-13(a.) :

    a.    within the first 10 days following the month in which the Respondent receives the monitoring results, or

    b.    within the first ten days following the end of the required monitoring period.

7.    Unless the Respondent has met the lead action level in the most recent six-month monitoring period, the Respondent shall, while this Agreed Order is in effect and in accordance with 327 IAC 8-2-44, continue to distribute the required public education material to people served by the Pennville Water Company's system as follows:

    a.    every 12 months the Respondent shall do the following:

        i.    insert policies with the public education materials contained in 327 IAC 8-2-44(b) into each customer's water bill, with the envelope clearly marked as specified in 327 IAC 8-2- 44(d)(2)(A);

        ii.    submit the public education materials contained in 327 IAC 8-2-44(b) to the editorial departments of the major daily and weekly newspapers that serve the area; and

        iii.    deliver pamphlets or brochures, or both, with the public education materials contained in 327 IAC 8-2-44(b) to facilities and organizations in the area, including those listed in 327 IAC 8-2-44(d)(2)(C); and

    b.    every six months the Respondent shall submit the public service announcement contained in 327 IAC 8-2-44(c) to at least five radio and television stations with the largest audience that broadcast to the community served by the Pennville Water Company's system.
    While this Agreed Order remains in effect, by each annual anniversary of the Effective Date of this Agreed Order, the Respondent shall submit a copy of the public education material distributed during the last year, 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).

8.    Unless notified otherwise in writing, all submittals required by this Agreed Order to be submitted to the DWB shall be sent to:

        David Forsee
        Drinking Water Branch
        Indiana Department of Environmental Management
        P. O. Box 7148
        Indianapolis, IN 46207-7148

    Unless notified otherwise in writing, all submittals required by this Agreed Order to be submitted to the OE shall be sent to:

        Chad Pigg
        Water Section, Office of Enforcement
        Indiana Department of Environmental Management
        Room 1315 IGCN
        P.O. Box 6015
        Indianapolis, Indiana 46206-6015
    
9.    The Respondent is assessed a civil penalty of Two Thousand, Six Hundred Dollars ($2,600). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

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

         Violation            Penalty

        Paragraph 2            $1000 per each week past the 30 day deadline that the Respondent fails to submit the required WQP monitoring results.

        Paragraph 3            $1000 per each week past the 30 day deadline that the Respondent fails to submit the required recommendation for optimal corrosion control treatment.
                        $1000 per each week past the 15 day deadline that the Respondent fails to submit any required revised recommendation for optimal corrosion control treatment.

        Paragraph 4            $1000 per each week past any milestone listed in the optimal corrosion control treatment recommendation or the applicable rules that the Respondent fails to properly implement the recommendation for optimal corrosion control treatment.

        Paragraph 5            $1000 per each week past the 30 day deadline that the Respondent fails submit the required copy of the monitoring failure notification.

        Paragraph 6            $5000 per each applicable six-month monitoring period that the Respondent fails to conduct follow-up tap water lead monitoring.

                        $1000 per each week past the applicable deadline that the Respondent fails to submit any of the required follow-up tap water lead monitoring results.

        Paragraph 7            $5000 per each set of continued public education materials that the Respondent fails to distribute.

                        $1000 per each week past the annual anniversary of the Effective Date of this Agreed Order that the Respondent fails to submit the required documentation for the continued public education materials distributed.

11.    Stipulated penalties shall be due and payable within 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 assessment 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 13-30-3-4.
12.    Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this Agreed Order and shall be mailed to:

        Cashier
        Indiana Department of Environmental Management
        100 North Senate Avenue
        P.O. Box 7060
        Indianapolis, Indiana 46207-7060

13.    In the event that the Civil Penalty required by Section II, Paragraph 9, is not paid within 30 days of the Effective Date of this Agreed Order, the 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.

14.    This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The 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 the Respondent's status or responsibilities under this Agreed Order.
    
15.    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 the Agreed Order did not contain the invalid terms.

16.    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.

17.    This Agreed Order shall remain in effect until the Respondent demonstrates that the Pennville Water Company's system has met the lead action level in two consecutive six- month monitoring periods or until the Respondent has complied with all terms and conditions of this Agreed Order.

Adopted January 28, 1999

Converted by Andrew Scriven