VIA CERTIFIED MAIL: ____________________

    Based on the above noted investigation and record review you were found in violation of the following sections of the Indiana Administrative Codes (IAC):

     327 IAC 6-2-1 states, in substance, that a land application permit is required for the disposal of any industrial, municipal, or semi-public sludge, waste product, and/or wastewater by application upon or incorporation into the soil except for the exclusions listed under section (b).

    327 IAC 6-2-4 states there shall be no discharge of pollutants into the waters of the state from a land application operation without a properly issued and effective NPDES permit from the Commissioner.

    NPDES permit No. IN 0020168 authorized the City of Noblesville to discharge from a municipal wastewater treatment plant to the West Fork of the White River in accordance with effluent limitations, monitoring requirements, and other conditions set forth in the NPDES permit effective October 1, 1990 and expiring July 31, 1995. Part II, A., 8. on page 11 of 16 of the City
of Noblesville's NPDES permit No. IN 0020168 requires that collected screenings, slurries, sludges, and other solids shall be disposed of in such a manner as to prevent entry of those wastes (or runoff from the wastes) into navigable waters or their tributaries. According to the permit, such pollutants shall be disposed of by approved methods established by the Commissioner.

    During a September 16, 1996 IDEM inspection, it was observed that according to a sludge production and use report filed with the Environmental Protection Agency (EPA) by Respondent on February 8, 1996, the City has applied 1,005 metric tons of sludge to a land area of approximately twelve (12) acres located west of the wastewater treatment plant and east of

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the he believes a violation exists and offer you an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day of any violation.

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13- 14-10 or IC 13-14-2-6. Advantages of entering into an Agreed Order are:

    1.    You may not be required to admit that any violation occurred.

    2.    The civil penalty may be less than that imposed under an Order of the Commissioner.

    Please contact Dave Knox at 317/233-5975 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

                            For the Commissioner:

Date:    ____________________            Signed 1/31/97
                            Patrick Carroll
                            Director
                            Office of Enforcement
cc:    U.S. EPA Region V, Water Section
    Hamilton County Health Department

Converted by Andrew Scriven