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STATE OF |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. THE BLAZE ROLLER RINK, L.L.C., Respondent. |
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NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
VIA CERTIFIED MAIL No:
To: Melony M. Poindexter,
Registered Agent
The Blaze Roller Rink,
L.L.C.
5838 North 400 East
This Notice and Order of the Commissioner of the Department of
Environmental Management (“Order”) is issued against The Blaze Roller Rink,
L.L.C. (“Respondent”) pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC
13-30-3-11, and is based on violations found during an investigation conducted
by the Indiana Department of Environmental Management (“IDEM”). The
investigation revealed that the Respondent violated 327
FINDINGS
1.
Respondent operates
a transient noncommunity public water supply (“PWS”) system operating under
PWSID No. IN230081, located at
2.
Pursuant to 327 IAC 8-2-8(c), a noncommunity water supply system which
serves no more than 1,000 persons must collect at least one routine total
coliform sample each calendar quarter.
IDEM records indicate that
Respondent failed to collect at least one routine total coliform sample from
its PWS system during the fourth quarter of 2004, the first, third, and fourth
quarters of 2005, and the first quarter of 2006; each in violation of 327 IAC
8-2-8(c).
3.
Pursuant to the public notice provisions of 327 IAC 8-2.1-7, the owner or
operator of a PWS system which fails to perform monitoring required pursuant to
327 IAC 8-2-8(c) is required to notify persons served by the PWS system, in the
manner provided for in these rules, of such failure.
IDEM records further
indicate that the Respondent failed to notify persons served by its PWS system
of the failure to perform the required total coliform monitoring during the
fourth quarter of 2004, the first, third, and fourth quarters of 2005, and the
first quarter of 2006; each in violation of 327 IAC 8-2.1-7.
4.
Pursuant to Indiana Code (“IC”) 13-18-20.5-2, PWS systems are required to
pay annual operating fees. Respondent
has failed to pay the annual operating fee for 2005 that was assessed by an
invoice dated July 7, 2005, in violation of IC 13-18-20.5-2, and is also
considered delinquent.
5.
On June 23, 2006,
a Notice of Violation was issued, pursuant to IC 13-30-3-3 to the Respondent
for violation of 327 IAC 8-2-8(c), 327
IAC 8-2.1-7, and IC 13-18-20.5-2.
Respondent received this Notice of Violation on July 8, 2006.
6.
The Notice of
Violation contained an offer to enter into an Agreed Order containing actions
required to correct these violations.
7.
More than sixty
(60) days have elapsed since Respondent was offered the opportunity to enter
into an Agreed Order.
8.
The Respondent
has not entered into an Agreed Order resolving these violations.
ORDER
1.
The Respondent
shall immediately cease and desist violation of 327 IAC 8-2-8(c), 327 IAC 8-2.1-7, and IC 13-18-20.5-2.
2.
For the purposes
of this Order, Respondent shall monitor for total coliform in its PWS system
for four (4) consecutive quarters, beginning within thirty (30) days after the
Effective Date of this Order.
3.
Within the
earlier of either ten (10) days after the Respondent receives any total
coliform monitoring results or ten (10) days after the end of the applicable
total coliform monitoring period, the Respondent shall submit said monitoring results
for its PWS to IDEM’s Drinking Water Branch (“DWB”), pursuant to 327 IAC
8-2-13(a). For the added purposes of
complying with this Order, Respondent also shall, for the first year subsequent
to this Order’s Effective Date, send to IDEM’s Office of Enforcement (“OE”) a
copy of these monitoring results.
4.
Within thirty
(30) days after the Effective Date of this Order, the Respondent shall provide
public notice for the violations listed in Section I, Paragraph 5.B by
following these steps:
(a) Telephone
the DWB at 317/308-3286 (or toll free 800/451-6027, extension 308-3286) for
direction about the applicable public notice requirements of 327 IAC
8-2.1-7. This direction will address
public notice type, form, manner, frequency, and issuance deadline
requirements, tailored to the specific violation circumstance and PWS.
(b) Provide
the required public notice commensurate with the type, form, manner, frequency,
and issuing deadline direction identified in Step (a).
5.
In the event that
the Respondent fails to complete any PWS monitoring required by this Order, the
Respondent shall give public notice of said failure by following these steps:
(a) Within
one (1) business day following the monitoring failure, the Respondent should
telephone DWB at 317/308-3286 (or toll free 800/451-6027, extension 308-3286)
for immediate direction about the applicable public notice requirements of 327
IAC 8-2.1-7. This direction will address
public notice type, form, manner, frequency, and issuance deadline
requirements, tailored to the specific violation circumstances and PWS.
(b) Provide
the required public notice commensurate with the type, form, manner, frequency,
and issuance deadline direction identified in Step (a).
6.
Pursuant to 327
IAC 8-2-13(d), the Respondent, within ten (10) days of issuing public notice
under 327 IAC 8-2.1, shall submit to the Commissioner (IDEM’s DWB) both a signed certification of compliance
to the rules and a representative copy of each notice covered by this
certification. For the added explicit
purpose of complying with this Order, the Respondent also shall, for the first
year subsequent to this Order’s Effective Date, send to IDEM’s OE a second copy
of foregoing issued certifications and their representative notices.
7.
All submittals
required by this Commissioner's Order to be submitted to IDEM’s DWB, unless
notified otherwise in writing, shall be sent to:
Sandra DeCastro
Drinking Water Branch
Indiana Department of Environmental Management
8.
All submittals
required by this Commissioner’s Order to be submitted to OE, unless notified in
writing, shall be sent to:
Jennifer Donahue, Enforcement Case Manager
Indiana Department of Environmental Management
Office of Enforcement – Mail Code 60-02
9.
The Respondent
shall pay a civil penalty of One Thousand Two Hundred Dollars ($1200) for
violation of 327 IAC 8-2-8(c) and 327
IAC 8-2.1-7. This penalty shall
be remitted to the Department of Environmental Management within thirty (30)
days of the Effective Date of this Order.
Checks shall be made payable to the Environmental Management Special
Fund, with the Case Number indicated on the checks and mailed to:
Indiana Department of Environmental Management
Cashiers Office – Mail Code 50-10C
10.
Within thirty
(30) days after the Effective Date of this Order, the Respondent shall pay the
outstanding annual operating fee, by sending a check in the amount of Sixty-Six
Dollars and Sixty-Seven Cents ($66.67) to the address in Paragraph 11 below.
11.
Fees are payable
by check to the Indiana Department of Environmental Management. Checks shall include the Case Number of this
action and shall be mailed to:
Indiana Department of Environmental Management
Cashiers Office – Mail Code 50-10C
12.
This Order shall
apply to and be binding upon the Respondent, its successors and assigns. No
change in ownership, corporate, or partnership status of the Respondent shall
in any way alter its status or responsibilities under this Order.
EFFECTIVE DATE OF ORDER
Pursuant
to IC 13-30-3-5, this Order takes effect twenty (20) days following receipt
unless you request review of this Order, before the twentieth day after
receipt, by filing a written request for review with the Office of
Environmental Adjudication, and serving a copy of the request for review upon
the Commissioner of the Indiana Department of Environmental Management. You may request that the Office of
Environmental Adjudication conduct a hearing to review this Order, under IC
4-21.5, in its entirety, or you may limit your request for review to specific
findings of fact and/or orders contained in this Order. Requests for review must be submitted to the
Office of Environmental Adjudication and the Commissioner of the Indiana
Department of Environmental Management at the following addresses:
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Director |
Commissioner |
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Office
of Environmental Adjudication |
IDEM |
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Commissioner’s
Office – Mail Code 50-01 |
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Failure
to properly submit a request for review, before the twentieth day following
receipt of this Order of the Commissioner, waives your right to administrative
review of this Order and your right to judicial review of the Order. The petition for administrative review must
contain the following information:
1. Name,
address, and telephone number of each person filing the petition.
2. Identification
of the interest of each petitioner in the subject of the petition.
3. Statement
of facts demonstrating that the petitioner is:
(A) a
person to whom the order is directed;
(B) aggrieved
or adversely affected by the order; or
(C) entitled
to review under any law.
4. Statement
with particularity the legal issues proposed for consideration in the
proceedings.
The petition for
administrative review should also contain the following information:
1. Identification
of any persons represented by the person making the request.
2. Statement
identifying the person against whom administrative review is sought.
3. A
copy of the notice of the commissioner’s action issued by the department of
environmental management which is the basis of the petition for administrative
review.
4. Statement
indicating the identification of petitioner’s attorney or other representative.
If
you have procedural or scheduling questions regarding your request for review
you may contact the Office of Environmental Adjudication at (317) 232-8591.
Dated
at
Signed on January 5, 2007
Thomas W. Easterly
Commissioner
cc: Hancock
County Health Department
http://www.state.in.us/idem