Cause No. B-2405

    Designated representatives of the Indiana Department of Environmental Management (IDEM) have conducted a record review of the Gentryville Water Utility, PWSID #5274004, located in Gentryville, Spencer County, Indiana. The Gentryville Water Utility is a community public water supply owned and operated by the Town of Gentryville.

    327 IAC 8-2-37 requires, in part, that each community and nontransient noncommunity public water supply monitor for lead. In accordance with 327 IAC 8-2-36(c), a public water supply exceeds the lead action level under the following conditions:

a.    if the 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.

    The following rules apply to any community or nontransient noncommunity public water supply that exceeds the lead action level:

    1.    327 IAC 8-2-38 states, in part, that public water supplies serving 50,000 or fewer people that exceed the lead action level 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:
        

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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

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25 to 500

2

1

2

---

501 to 3,300

2

2

2

    2.    327 IAC 8-2-39 states, in part, that all public water supplies that exceed the lead action level shall collect one source water lead sample from each entry point into the distribution system within six months after the lead action level has been exceeded.

    3.    327 IAC 8-2-40(e) states, in part, that all public water supplies serving 50,000 or fewer people that exceed the lead action level shall recommend optimal corrosion control treatment within six months after exceeding the lead action level.

    4.    327 IAC 8-2-44 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.

    5.    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.

    The Gentryville Water Utility exceeded the lead action level during the monitoring period from June 1, 1996, to September 30, 1996. Therefore, the Gentryville Water Utility falls under the applicability requirements of 327 IAC 8-2-38, 327 IAC 8-2-39, 327 IAC 8-2-40(e), and 327 IAC 8- 2-44.

    Based on the record review conducted by IDEM, the Gentryville Water Utility failed to recommend optimal corrosion control treatment within six months after exceeding the lead action level, in violation of 327 IAC 8-2-40(e).

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner 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 60 days.

    If settlement is not reached within 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 for any violation.

    Entering into an Agreed Order will prevent the issuance of an Order of the Commissioner under IC 13-30-3-4 or the filing of a civil court action under IC 13-14-2-6. IDEM encourages timely settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also give you the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the violation occurred.

    Please contact Chad Pigg at 317/233-1135 within 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 address listed in the letterhead within the 60-day settlement period.

                            FOR THE COMMISSIONER:

Date:             Signed 11-23-98
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

cc:    U.S. EPA Region V, Drinking Water Section
    Spencer County Health Department
Kenneth Gresham, Superintendent

Converted by Andrew Scriven