VIA CERTIFIED MAIL:
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
STATE OF INDIANA ) BEFORE THE INDIANA
)SS: DEPARTMENT OF
COUNTY OF MARION ) ENVIRONMENTAL MANAGEMENT
)
COMMISSIONER, INDIANA )
DEPARTMENT OF )
ENVIRONMENTAL MANAGEMENT, )
) Cause B-2506
Complainant, )
)
)
LAKE & FOREST CLUB, INC. )
)
)
Respondent )
2. Respondent is Lake & Forest Club, Inc., which owns and operates a wastewater
collection and treatment facility in Jackson County.
3. The Complainant has jurisdiction over the Respondent and the subject matter of this
action.
4. IC 13-30-2-1 states, in substance, that no person may emit or allow or threaten to emit
or allow any contaminant, either alone or in combination with contaminants from other sources,
into the environment which causes pollution that violates rules, standards, or discharge
requirements of the state.
5. IC 13-18-4-5 states, in part, that it is unlawful for any person to throw, run, drain, or
otherwise dispose into any of the streams or waters of the state, or to cause, permit, or suffer to be
thrown, run, drained, allowed to seep, or otherwise disposed into any waters any organic or
inorganic matter that causes or contributes to a polluted condition of any waters.
6. 327 IAC 5-2-2 states, in substance, that any discharge of pollutants into waters of the
state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited
unless in conformity with a valid NPDES permit obtained prior to the discharge.
7. 327 IAC 2-1-6(a)(1) states, in part, that all waters at all times and at all places shall
meet the minimum conditions of being free from substances and materials attributable to
discharges that are in amounts sufficient to produce conditions in such a degree as to create a
nuisance or in amounts sufficient to severely injure or kill aquatic life.
8. In September of 1978, the Respondent's National Pollutant Discharge Elimination
System (NPDES) Permit, which authorized the discharge of treated wastewater from the Lake &
Forest Club, Inc. wastewater treatment facility to waters of the state, was voided at the
Respondent's request, due to the construction by the Respondent of an absorption field.
Accordingly, since September of 1978, the Respondent has not had authorization to discharge
wastewater from the Lake & Forest Club, Inc. wastewater treatment facility to waters of the state.
9. On January 3, 1995, the Jackson County Health Department performed a dye test of
the absorption field to determine whether there was a discharge of wastewater from the absorption
field to waters of the state. The test results revealed that the dye that was deposited in the
absorption field was discharged into an unnamed tributary ditch, which flows directly into Hough
Creek.
10. On March 25, 1996, IDEM representatives met with representatives of Lake & Forest Club, Inc. to discuss the unlawful discharge of wastewater to waters of the state. During the meeting, IDEM representatives collected two samples from the wastewater treatment plant. The first sample was taken from the top of the sand beds where wastewater was discharging over the sidewalls to waters of the state. The second sample was taken from the unnamed tributary ditch where the presence of dye was found as a result of the January 3, 1995 dye test conducted by the Jackson County Heath Department. The sample results revealed elevated levels of ammonia, total
phosphorus, CBOD, total suspended solids, and E. coli bacteria.
11. As a result of the meeting, Lake & Forest Club, Inc. committed to eliminating the
unlawful discharge by either upgrading the wastewater treatment plant or connecting the
subdivision to the Town of Brownstown's wastewater treatment plant.
12. On January 14, 1997, an IDEM representative conducted an inspection of the
Lake & Forest Club, Inc. wastewater treatment facility and observed and documented a discharge
of wastewater from the facility to waters of the state.
13. In a letter dated January 29, 1997, IDEM advised Lake & Forest Club, Inc. of the
results of the January 14, 1997 inspection and requested the submittal of a written response setting
forth the actions which would be taken to rectify the problem.
14. A response letter, dated March 3, 1997, advised IDEM of the following: a) that a
study conducted by Sieco Engineering indicated that an appropriate solution for the facility would
be to abandon the treatment facility and connect to the Town of Brownstown Wastewater
Collection system; b) that a proposal was presented to and preliminarily approved by the
Brownstown Town Council, with final approval contingent upon review of detailed plans and
specifications; and c) that detailed plans and specifications for the project would be completed in
the near future and presented to the Town of Brownstown for final acceptance.
15. On February 20, 1998, an IDEM representative conducted an inspection of the Lake &
Forest Club, Inc. wastewater treatment facility and observed and documented a discharge of
wastewater from the facility to waters of the state.
16. In a letter to IDEM dated March 11, 1998, the president of Lake & Forest Club, Inc.,
David Jungclaus, advised IDEM that agreement had been reached with the Jackson County Fair
Board for easements to run sewer lines across their property and that as soon as approval from the
Town of Brownstown was received, a proposal would be submitted to IDEM. To date, no
proposal for connection to the Town of Brownstown or for otherwise eliminating the unlawful
discharge of pollutants to waters of the state has been received by IDEM.
17. On July 14, 1999 an IDEM representative conducted an inspection of the Lake &
Forest Club, Inc. wastewater treatment facility and observed and documented a discharge of
wastewater to waters of the state.
18. On September 21, 1999 an IDEM representative discussed this matter with Mr.
Tom Bryant, Chairman of the Sewer Committee for Lake & Forest Club, Inc. Mr. Bryant advised
that Lake & Forest Club, Inc. was in the process of obtaining approval from the Town of
Brownstown to connect to the town.
19. The discharge of pollutants to waters of the state without a valid NPDES Permit is in
violation of IC 13-30-2-1, IC 13-18-4-5, 327 IAC 5-2-2, and 327 IAC 2-1-6(a)(1).
2. Respondent shall, within seven (7) days of receipt of this Order, advise the IDEM, in
writing, of the corrective measures which have been taken by the Respondent.
3. Respondent shall, within seven (7) days of receipt of this Order, submit to the IDEM a
plan, which includes an implementation and completion schedule, for eliminating the unlawful
discharge of pollutants to waters of the state. The plan is subject to the approval of the IDEM. If
the plan is deemed inadequate, the Respondent shall, within seven (7) days of receiving notice
from the IDEM that the plan is inadequate, submit a revised plan to the IDEM. If the revised plan
is deemed inadequate, the IDEM may specify the corrective measures which are to be taken and
time frames for completion.
4. Respondent shall, within forty-eight (48) hours of receipt of this Order, notify the
IDEM in writing of its intent to comply with this Order.
5. All submittals required by this Order shall be directed to the attention of:
Mr. Mark Stanifer, Chief, Water Enforcement Section
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
2. This order expires ninety (90) days from the date of issuance and is subject to renewal
under IC 4-21.5-4-5.
3. Violation of this order may be enforced in civil court.
4. Pursuant to IC 13-30-6-1, a person who intentionally, knowingly, or recklessly violates
water pollution control laws commits a class D felony.
5. Pursuant to IC 13-30-4-1, a person who violates an order made or issued by the
commissioner under water pollution control laws is liable for a civil penalty not to exceed twenty-
five thousand dollars ($25,000) per day of any violation.
Original signed by Lori F. Kaplan, November 4, 1999
Converted by Andrew Scriven