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. B-2436
)
KIRK G. CALEY AND KAY CALEY and, )
DAWN LAKE UTILITIES, L.L.C., )
)
Respondents. )
2. Respondents are Kirk G. Caley and Kay Caley, as owner of the Dawn Lake Estates
Subdivision wastewater treatment plant (WWTP) from 1992 until January 21, 1999, and Dawn
Lake Utilities, L.L.C, Kirk G. Caley, C.E.O., and Sole Member, owner of Dawn Lake Utilities
after January 21, 1999 (hereinafter referred to as "Respondents"). The Dawn Lake Estates
Subdivision WWTP is located in Huntington County, Indiana.
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 on April
23, 1999, to:
Kirk G. Caley and Kay Caley and to: Dawn Lake Utilities, L.L.C.
3120 W. 1000 N. Kirk G. Caley, C.E.O. and Sole Member
Huntington, IN 46750 9176N - 300W
Huntington, IN 46750
5. Dawn Lake Utilities, L.L.C., Kirk G. Caley, C.E.O., and Sole Member, (Dawn Lake
Utilities) has owned and operated the Dawn Lake Estates Subdivision WWTP since the assets of
the utility, including the plant and the real estate surrounding it, were transferred from Kirk G.
Caley and Kay Caley on or about January 21, 1999. Dawn Lake Utilities is authorized by its
NPDES Permit No. IN 0051187 (the "Permit") to discharge from the WWTP to receiving waters
named Clear Creek in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in the Permit.
6. The Permit was re-issued on March 3, 1995 to Gilbert Caley and Sons, Inc., Mr. Kirk G.
Caley, President, with an Effective Date of April 1, 1995, and an Expiration Date of February 28,
2000. The Permit was re-issued based on information contained in an Application for Permit to
Discharge submitted to IDEM by Gilbert Caley & Sons, Inc., Kirk G. Caley, President, on
February 27, 1986. The Permit was public noticed on November 12, 1994 (Public Notice No.
94-11-A-RD-P), and no comments were received. Part II.B.2 of the current Permit, and Part II.N.
of the prior Permit, require, in substance, that the permittee notify IDEM in the event of any
change in control or ownership of the facility. IDEM has no record of any notification of change
in ownership of the facility after the February 27, 1986 renewal application. However, a
submittal to the Utility Regulatory Commission of Indiana on January 25, 1999, indicates that in
1986 Gilbert Caley transferred the real estate where the utility is situated to Kirk G. Caley and
Kay Caley, husband and wife, and in 1992, Gilbert Caley & Sons, Inc. dissolved. Kirk G. Caley,
at that time, began operating and managing the utility as a sole proprietorship. The Respondents
have violated Part II.B.2. of the Permit by their failure to notify IDEM of changes in ownership
of the Dawn Lake Estate Subdivision WWTP.
7. IC 13-30-2-1 states (in part) that a person may not discharge, emit, cause, allow, or
threaten to discharge, emit, cause, or allow any contaminant or waste into the environment in any
form that causes or would cause pollution that violates or would violate rules, standards, or
discharge or emission requirements adopted by the appropriate board under the environmental
management laws.
8. 327 IAC 5-2-8(1), and Part II.A.1. of the Permit require, in part, that the permittee must
comply with all terms and conditions of the Permit. Part II.A.5.(a) of the Permit states that, at all
times, all facilities shall be operated as efficiently as possible and in a manner which will
minimize upsets and discharges of excessive pollutants. 327 IAC 5-2-8(3) states that the
permittee shall at all times maintain in good working order and efficiently operate all facilities
and systems (and related appurtenances) for collection and treatment which are installed or used
by the permittee and which are necessary for achieving compliance with the terms and conditions
of the Permit.
9. Inspections of the Dawn Lake Estates Subdivision WWTP were conducted by IDEM staff on September 25, 1998, September 28, 1998, October 6, 1998, October 22, 1998, February 3, 1999, February 22, 1999, February 23, 1999, March 9, 1999, and March 12, 1999 (see attached NPDES Facility Inspection Reports). During each of these inspections IDEM staff noted that at
least three areas evaluated were unsatisfactory, including effluent, receiving waters, compliance
schedule, facility site review, operation and maintenance, sludge disposal, and flow
measurement. These inspections indicate that Kirk G. Caley and Kay Caley failed to comply
with Part II.A.5.(a) of the Permit and 327 IAC 5-2-8(3) from September 25, 1998, until February
21, 1999, and that Dawn Lake Utilities, failed to comply with Part II.A.5.(a) of the Permit and
327 IAC 5-2-8(3) from February 21, 1999, until March 12, 1999.
10. Part II.A.4. of the Permit states that if, for any reason, the permittee does not comply with
or will be unable to comply with any effluent limitation specified in the Permit, the permittee
shall provide the Regional Administrator and IDEM with the following information, in writing,
within five (5) days after becoming aware of such condition;
a. a description of the discharge and cause of noncompliance; and
b. the period of noncompliance, including exact dates and times; or, if not corrected,
the anticipated time the noncompliance is expected to continue, and steps being
taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.
11. During the inspection conducted by IDEM staff on September 25, 1998, it was noted that
the effluent appeared to be raw sewage and had a strong odor, contained paper, and there was a
grayish scum at the outfall. The IDEM inspector attempted to contact Mr. Caley and left a
message for him. During the inspection conducted by IDEM staff on September 28, 1998, the
IDEM inspector noted that Mr. Caley stated that the facility went several inches underwater in
late August due to heavy rains. The inspection report notes that the flooding of the WWTP
caused numerous operational problems including causing all the electrical units to be out of
service. It was also noted in the inspection report that Mr. Caley had not reported these
violations to IDEM. On January 25, 1999, IDEM conducted a site visit to the WWTP and noted
that the blowers and air compressor were out of service. It was observed that the aeration tank
had settled out with large amounts of clumping sludge leaving the plant. The inspector noted
that there was no treatment at that time. On January 28, 1999, IDEM staff was able to make
contact with Mr. Caley and Mr. Caley stated that the blowers and air compressor went out of
service over the previous weekend. IDEM has no record of any written report concerning this
non-compliance event. Therefore, Dawn Lake Utilities violated 327 IAC 5-2-8(1), and Part
II.A.1 and Part II.A.4 of the Permit in that it failed to report the events of noncompliance with the
Permit within 5 days of becoming aware of the condition.
12. Part I.B.8. of the Permit states, in part, that all records and information resulting from the
monitoring activities required by the Permit, including all records of analyses performed and
calibration and maintenance of instrumentation and recording from continuous monitoring
instrumentation, shall be retained for a minimum of three (3) years. In cases where the original
records are kept at another location, a copy of all such records shall be kept at the permitted
facility.
13. During the inspections conducted by IDEM staff on January 25 and 29, 1999, and
February 3, 1999 it was found that there were no records on site, and on the February 3, 1999,
inspection report the records and reports were evaluated as unsatisfactory. The failure to retain
records or copies of the records at the permitted facility for three years is a violation of 327 IAC
5-2-8(1), and Part II.A.1 and Part I.B.8. of the Permit.
14. 327 IAC 5-2-8(8) states, in part, that the permittee shall comply with monitoring,
recording, and reporting requirements established in accordance with sections 13 through 15 of
this rule. 327 IAC 5-2-15 provides that NPDES permittees shall report to the commissioner,
using discharge monitoring reports as required by the permit. Part I.B.3. of the Permit states that
the permittee shall submit monitoring reports to the Indiana Department of Environmental
Management containing results obtained during the previous month and shall be postmarked no
later that the 28th day of the month following each completed monitoring period.
15. The record review indicates that monthly reports for the Dawn Lake Estates Subdivision
WWTP were not submitted to IDEM by the 28th day of the month following each completed
monitoring period for the period from April 1996 through December 1998. On February 23,
1999, monthly reports were submitted to IDEM for the Dawn Lake Estates Subdivision WWTP
for the months from April 1996 through December 1998. Therefore, Kirk G. Caley and Kay
Caley, as owners of the WWTP before January 21, 1999, have violated 327 IAC 5-2-15 and Part
I.B.3. of the Permit in that they failed to submit monthly reports to IDEM by the 28th day of the
month follow each completed monitoring period for the period from April 1996 through
December 1998.
16. 327 IAC 2-4-1 states, in part, that every person, firm or corporation that discharges
wastewaters to the waters of the State of Indiana shall submit to the commissioner monthly
reports of operation, which shall include flow measurements and wastewater characteristics. 327
IAC 5-2-13(2) states, in part, that all permittees shall monitor, as required in the permit, the
volume of wastewater flow at monitoring points specified in the permit, including the final
effluent flow from each point source. Part I.A. of the Permit requires the weekly average and the
monthly average flow to be reported on monthly reports. Part I.B.1. states that samples and
measurements taken as required in the permit shall be representative of the volume and nature of
the monitored discharge. Part I.B.4.b.(4) which defines flow proportioned composite samples
and requires, in part, that the discharge flow rate be recorded at the time each individual sample
is taken.
17. The record review of monthly reports submitted by Kirk G. Caley and Kay Caley, as
owners of the WWTP before January 21, 1999, indicates that on each monthly report for the
period from April 1996 through December 1998, a flow of .006 million gallons per day (MGD)
was reported, indicating: A) that the measurements for flow were estimated and not
representative of the volume of the discharge, B) that the discharge flow rate was not recorded at
the time of each individual sample taken as required for composite samples, C) that weekly
average and monthly average flow rates were not measured and reported as required by the
Permit, and D) that the monthly reports of operation did not include flow measurements. These
failures to monitor and report the flow are violations of 327 IAC 2-4-2, 327 IAC 5-2-13(2) and
the above noted parts of the Permit.
18. Part I.D. of the Permit contains a schedule for the Dawn Lake Estates Subdivision
WWTP to meet new effluent limitations for residual chlorine. The schedule required that a
construction permit application was to be submitted within 14 months of the effective date of the
Permit, the initiation of construction was to commence no later that 22 months of the effective
date of the Permit, the construction was to be completed within 29 months of the effective date of
the Permit, and the permittee was to comply with all final requirements no later that 30 months
from the effective date of the permit. As of April 1, 1999, 48 months after the effective date of
the Permit, the Dawn Lake Estates Subdivision WWTP has no dechlorination facilities and no
means to meet its new effluent limitations for residual chlorine. Therefore Kirk G. Caley and
Kay Caley, as owner of the WWTP before January 21, 1999, violated Part I.D. of the Permit in
their failure to construct dechlorination facilities at the WWTP.
19. Part II.A.9. of the Permit states that in order to maintain compliance with the effluent
limitations an prohibitions of the permit, the permittee shall either provide an alternative power
source sufficient to operate the facilities, or halt, reduce or otherwise control the discharge in
order to maintain compliance with the effluent limitations and conditions of the permit. The
Dawn Lake Estates Subdivision WWTP has no alternative power source and no means to halt,
reduce or otherwise control the discharge to maintain compliance if the primary power is lost,
and during inspections conducted by IDEM staff on September 28, 1998, it was noted that there
was no electricity at the facility. Therefore, Kirk G. Caley and Kay Caley, as owner of the
WWTP before January 21, 1999, violated Part II.A.9. of the Permit.
20. 327 IAC 2-1-6(a) states, in part, "The following are minimum water quality conditions:
(1) All waters at all times and at all places, including the mixing zone, shall meet the
minimum conditions of being free from substances, materials, floating debris, oil,
or scum attributable to municipal, industrial, agricultural, and other land use
practices, or other discharges;
(A) that will settle to form putrescent or otherwise objectionable
deposits;
(B) that are in amounts sufficient to be unsightly or deleterious;
(C) that produce color, visible oil sheen, odor, or other conditions in such
degree as to create a nuisance;
(D) which are in amounts sufficient to be acutely toxic to, or to otherwise
severely injure or kill aquatic life, other animals, plants, or humans...
(E) which are in concentrations or combinations that will cause or contribute
to the growth of aquatic plants or algae to such degree as to create a
nuisance, be unsightly, or otherwise impair the designated uses."
21. During inspections conducted by IDEM staff on September 28, 1998, October 6, 1998,
October 22, 1998, January 25, 1999, January 29, 1999, February 3, 1999, February 9, 1999,
February 22, 1999, February 23, 1999, and March 15, 1999, solids were observed in the receiving
stream. Therefore, Kirk G. Caley and Kay Caley, as owner of the WWTP before January 21,
1999, and Dawn Lake Utilities, L.L.C, Kirk G. Caley, C.E.O., and Sole Member, owner of Dawn
Lake Utilities after January 21, 1999, have violated 327 IAC 2-1-6(a), in that they have cause
violations of the minimum water quality conditions.
22. Part I.A. of the Permit requires, in part, that the permittee limit the discharge of CBOD5 to
a concentration of 10 mg/l for monthly average and 15 mg/l for maximum weekly average. It
also requires that the permittee limit the discharge of TSS to 10 mg/l for monthly average and 15
mg/l for maximum weekly average.
23. Monthly reports submitted for the Dawn Lake Estates Subdivision WWTP reported the
following concentration exceedences for CBOD5 and TSS from May 1996 through January 1999,
all of which are in violation of Part I.A. of the Permit, 327 IAC 5-2-8(1) and Part II.A. of the
Permit, and IC 13-30-2-1 ("***" indicates values reported within the required limit):
Reporting CBOD5 Concentration (MG/L) TSS Concentration (MG/L)
Month Monthly Ave. Weekly Ave. Max. Monthly Ave. Weekly Ave. Max.
Limits (10 mg/l) (15 mg/l) (10 mg/l) (15 mg/l)
May 1996 13.8 24.8 40.4 100.0
June 1996 17.7 20.1 62.0 94.0
July 1996 26.8 45.0 52.2 85.0
August 1996 29.1 38.2 43.0 65.0
September 1996 30.3 46.2 48.0 88.0
October 1996 42.6 50.0 26.5 35.0
November 1996 33.8 46.0 24.0 36.0
December 1996 26.0 32.6 31.0 44.0
January 1997 20.9 26.0 26.2 29.2
February 1997 20.5 23.9 23.1 25.0
March 1997 37.8 50.0 51.5 102.0
April 1997 31.6 45.0 38.4 58.5
May 1997 15.1 30.0 44.4 55.0
June 1997 16.3 28.5 44.0 57.0
July 1997 22.5 46.0 37.8 58.0
August 1997 23.2 29.3 32.0 41.0
September 1997 23.0 25.8 20.9 26.0
October 1997 21.2 27.0 19.6 26.0
November 1997 22.1 34.7 15.6 24.0
December 1997 *** *** *** ***
January 1998 *** *** 13.6 18.0
February 1998 17.3 26.4 21.6 26.0
March 1998 30.5 70.5 24.7 49.0
April 1998 24.4 56.0 21.2 42.0
May 1998 116.0 200.0 93.8 160.0
June 1998 28.3 40.2 25.5 37.6
July 1998 26.1 63.0 34.6 43.0
August 1998 195.0 228.0 ` 194.0 241.0
September 1998 193.0 220.0 157.0 185.0
October 1998 144.0 180.0 129.0 171.0
November 1998 97.3 145.0 79.0 93.0
December 1998 74.8 76.0 103.0 132.0
January 1999 44.2 53.6 78.3 108.0
February 1999 52.4 90.5 70.5 93.8
March 1999 30.0 74.0 55.0 210.0
July 1999 *** *** 15.0 33.0
24. Part I.A.1. of the Permit requires the permittee to monitor the pollutant loading (mass) for
CBOD5 and TSS. No loading values were reported for nearly half of 1996 and all of 1997.
Loading values reported in 1998 and 1999 were not based on accurate flow and were therefore
not representative of the actual loadings for CBOD5 and TSS. Therefore, Kirk G. Caley and Kay
Caley, as owner of the WWTP before January 21, 1999, and Dawn Lake Utilities, L.L.C, Kirk G.
Caley, C.E.O., and Sole Member, owner of Dawn Lake Utilities after January 21, 1999, have
violated Part I.A.1. of the Permit by their failure to monitor the pollutant loadings.
25. In recognition of the settlement reached, Respondents waive any right to administrative
and judicial review of this Agreed Order.
2. The Respondents are planning to transfer the utility, including the WWTP and sewers, to
the Dawn Lake Subdivision Homeowner's Association. The Respondents will transfer the
utility, including the WWTP and sewers, to the Dawn Lake Subdivision Homeowner's
Association within three (3) months of the Effective Date. The Respondents are aware that no
change in ownership, corporate, or partnership status of the Respondents shall in any way alter
their status or responsibilities under this Agreed Order, as provided by paragraph 18 of this
Order. The Respondents are aware that they must provide a copy of this Agreed Order, if in
force, to any subsequent owners or successors before ownership rights are transferred, as
provided by paragraph 20 of the Order.
3. If not having yet done so, then within ten days of the Effective Date, the Respondents will
submit a permit renewal application, including notification to IDEM of changes in ownership, for
the Dawn Lake Estates Subdivision WWTP NPDES Permit No. IN 0051187, as required by the
Permit and 327 IAC 5-3-2(a)(2).
4. The Respondents shall assure that, at all times, all facilities are operated as efficiently as
possible and in a manner which will minimize upsets and discharges of excessive pollutants as
required by Part II.A.5.(a) of the Permit, and shall, at all times, maintain in good working order
and efficiently operate all facilities and systems (and related appurtenances) for collection and
treatment which are installed or used by the permittee and which are necessary for achieving
compliance with the terms and conditions of the Permit as required by 327 IAC 5-2-8(3).
5. If for any reason, the WWTP does not comply with or will be unable to comply with any
effluent limitation specified in the Permit, the Respondents shall provide IDEM with written
notification within five days after becoming aware of such conditions as required by Part II.A.4
of the Permit.
6. The Respondents shall assure that all records and monitoring information, or copies of
records and monitoring information, are maintained at the WWTP for a minimum of three years
as required by Part I.B.8. of the Permit.
7. The Respondents shall assure that Discharge Monitoring Reports and Monthly Reports of
Operation are submitted to IDEM postmarked by the 28th of the month following each
completed monitoring period as required by Part I.B.3. of the Permit.
8. The Respondents shall monitor and record flows and report weekly average and monthly
average flows and use actual flows to calculate and report composite samples as required by Part
I.A., Part I.B.1, and Part I.B.4.b.(4) of the Permit. The Respondents shall calculate and report
actual loadings for CBOD5 and TSS as required by Part I.A.1. of the Permit.
9. In the case of a power outage, the Respondents shall timely provide an alternative power
source at the WWTP by means of a portable generator of capacity to power the necessary WWTP
treatment units.
10. The Respondents shall assure that, at all times, the discharge from the WWTP does not
result in solids deposits in the receiving stream in violation of 327 IAC 2-1-6(a).
11. The Respondents shall not allow any new connections to the Dawn Lake Estates
Subdivision WWTP without written approval from IDEM.
12. Beginning from the Effective Date, the Respondents shall be under a performance period
during which it shall maintain monthly average CBOD5, and TSS concentration limits contained
in its NPDES effective at the time. Respondents will be liable for stipulated penalties for failure
to comply with the requirements of the performance period until six (6) consecutive months of
compliance with monthly average CBOD5 and TSS concentration limits are demonstrated, or one
(1) year, whichever comes first, and IDEM issues a letter of completion of the performance
period. Should Respondents fail to demonstrate six (6) consecutive months of compliance with
monthly average CBOD5 and TSS limits within one (1) year, then IDEM, at its discretion, may
initiate an additional enforcement action for continuing violations.
13. All submittals required by this Agreed Order, unless notified otherwise in writing, shall
be sent to:
Terry Ressler, Case Manager, Water Enforcement Section
Office of Enforcement, IGCN, Rm. 1315
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
14. The Respondents are assessed a Civil Penalty of Six Thousand Dollars ($6,000). Within
sixty (60) days of the Effective Date of this Agreed Order, the Respondents shall pay an initial
installment penalty payment of Two Thousand Dollars ($2,000) to the Environmental
Management Special Fund. The Respondents shall pay the second installment payment of Two
Thousand Dollars ($2,000) six (6) months after the Effective Date of the Order. The
Respondents shall pay the final installment payment of Two Thousand Dollars ($2,000) ten (10)
months after the Effective Date of this Order. All installments are to be sent to the address in
paragraph 17.
15. In the event the following terms and conditions are violated, the Complainant may assess
and the Respondents shall pay a stipulated penalty in the following amounts:
Violation Penalty
Paragraph 2: $24,000 for the Respondents failure to transfer the utility,
including the WWTP and sewers, to the Dawn Lake Subdivision
Homeowner's Association within three (3) months of the Effective
Date,
Paragraph 3: $200 per day for failure to submit a permit renewal application,
including notification to IDEM of changes in ownership,
Paragraph 4: $200 per day for failure to operate all facilities efficiently or failure
to maintain all facilities in good working order,
Paragraph 5: $200 per day for failure to provide timely written notification to
IDEM if unable to comply with effluent limitations,
Paragraph 6: $200 per day for failure to maintain all required records or copies
of records at the WWTP,
Paragraph 7: $200 per day for failure to timely submit any required monthly
report,
Paragraph 8: $200 per day for failure to monitor, record, and report actual flows
and loadings as required,
Paragraph 9: $1,000 per day for failure to timely provide an alternative power
source at the WWTP in case of a power outage,
Paragraph 10: $1,000 per incident for discharging solids resulting in solids
deposits in the receiving stream,
Paragraph 11: $10,000 per occurrence for allowing any new connections without
written approval,
Paragraph 12: $500 per violation for failure to comply with monthly average
CBOD5 and TSS concentration limits during the performance
period.
16. Stipulated penalties shall be due and payable within thirty (30) days after Respondents
receive 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 Respondents 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 Respondents' violation of this Agreed Order, or Indiana law, including but
not limited to civil penalties pursuant to IC 13-30-4.
17. 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
18. In the event that the civil penalty required by paragraph 14 is not paid within thirty (30)
days of the Effective Date of this Agreed Order, Respondents 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.
19. This Agreed Order shall apply to and be binding upon the Respondents, their officers,
directors, principals, agents, successors, subsidiaries, and assigns. The Respondents' 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
Respondents shall in any way alter its status or responsibilities under this Agreed Order.
20. 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.
21. The Respondents shall provide a copy of this Agreed Order, if in force, to any subsequent
owners or successors before ownership rights are transferred. Respondents 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 shall remain in effect until Respondents have complied with the
requirements of paragraphs 2 through 13 of this Agreed Order or until the WWTP and sewers are
transferred to (with NPDES transfer request) and accepted by the Dawn Lake Subdivision
Homeowner's Association, whichever shall first occur. It is specifically noted, though, that
Respondents' responsibilities under paragraph 14 of the Agreed Order shall survive the transfer
of the WWTP and sewers to the Homeowner's Association.
TECHNICAL RECOMMENDATION: RESPONDENTS:
Department of Environmental Management
By: _________________________ By: _________________________
Mark W. Stanifer, Section Chief
Office of Enforcement Printed: ________________________
Title: ________________________
Date: _______________ Date: _______________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENTS:
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 ____________________, 1999.
For the Commissioner,
__Signed 11/1/99______
Felicia A. Robinson
Assistant Commissioner of Enforcement
Converted by Andrew Scriven