NOTICE OF VIOLATION
Via Certified Mail# _______________
To: Ms. Misty Orsund, Owner
Inwood Mobile Home Park
10682 Hawthorne Road
Plymouth, IN 46563
Case No. 2001-10513-W
Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe Ms. Misty Orsund, as owner of and d/b/a as the Inwood Mobile Home Park (Respondent) has violated environmental rules. The violations are based on the following:
1. Respondent owns and/ operates a public water supply serving the Inwood Mobile Home Park, a community public water supply operating under PWSID number 5250006, serving a population of 60, and located at 10682 Hawthorne Road, Plymouth, Indiana (the "Site’).
2. Pursuant to 327 IAC 8-2-8(b), a community public water supply system which serves at least twenty-five but not more than one thousand persons must collect at least one routine total coliform sample each month. The Inwood PWS failed to collect at least one total coliform sample for the months of February through July 2001, and October through December 2001, and February, March, June, July, September, and December 2002, and February, and May 2003, in violation of 327 IAC 8-2-8(b).
3. Pursuant to 327 IAC 8-2-8.1(a), if a routine sample is total coliform-positive, the public water supply system must collect a set of repeat samples within twenty four hours of being notified of the positive result. A public water supply system which collects one routine total coliform sample per month must collect no fewer than four repeat samples for each total coliform-positive sample found. The Resondent’s PWS, which is required to collect one routine total coliform sample per month, failed to collect a minimum of four repeat samples following the collection of a total coliform-positive sample the month of August 2003, when it did not collect the proper number of distribution system repeat samples, in violation of 327 IAC 8-2-8.1(a).
4. Pursuant to 327 IAC 8-2-8.1(e), a public water supply system which is normally required to collect less than five routine total coliform samples each month must collect at least five routine total coliform samples during the next month after the collection of a routine total coliform-positive sample. The Respondent’s PWS, which is a public water supply system that is normally required to collect less than five routine total coliform samples each month, failed to collect at least five routine total coliform samples in September 2003, following the collection of a total coliform-positive sample in August 2003, in violation of 327 IAC 8-2-8.1(e).
5. Pursuant to 327 IAC 8-2-7, a public water supply system which collects fewer than forty total coliform samples per month is in compliance with the maximum contaminant level (MCL) for total coliform if no more than one sample collected during a month is total coliform-positive. The Resondent’s PWS, which is a public water supply system that collects fewer than forty samples per month, exceeded the MCL for total coliform in August 2003, in violation of 327 IAC 8-2-7, because the one routine sample was positive for total coliform bacteria, and insufficient repeat sampling was conducted, in violation of 327 IAC 8-2-7.
6. Pursuant to 327 IAC 8-2-4.1, a community public water supply system is required to monitor once per calendar year, for inorganic chemicals (IOCs). Respondent failed to monitor for the required IOCs in 2003, in violation of 327 IAC 8-2-4.1.
7. Pursuant to 327 IAC 8-2-5.4 and 5.5 all public water systems shall monitor to determine compliance with the MCL for volatile organic compounds (VOCs). Respondent failed to monitor its PWS for VOCs for the 2003 compliance period, in violation of 327 IAC 8-2-5.4 and 5.5.
8. Pursuant to 327 IAC 8-2-5.1, all public water systems shall monitor to determine compliance with the MCL for synthetic organic compounds (SOCs). Respondent failed to monitor its PWS for SOCs for the 2001 compliance period, in violation of 327 IAC 8-2-5.1.
9. Pursuant to 327 IAC 8-2-13, a public water supply system is required to report to IDEM the results of any monitoring required pursuant to 327 IAC 8-2 within the shorter of: (1) the first ten days following the month in which the result is received or (2) the first ten days following the end of the required monitoring period. Respondent, failed to submit monitoring results to IDEM within the required timeframe for total coliform, IOCs, VOCs, and SOCs, as described above, in violation of 327 IAC 8-2-13.
10. Pursuant to 327 IAC 8-2-15, the owner of a public water supply system is required to notify persons served by its public water supply system of any failure to conduct monitoring required pursuant to 327 IAC 8-2, or of any failure to comply with any applicable MCL.
During the period of February 2001 through December 2003, Respondent’s facility had a total coliform MCL violation, and failed to adequately conduct repeat sampling for total coliform. Respondent also failed to adequately monitor IOCs, SOCs, and VOCs during this time period, as described above. Following these violations, Respondent failed to provide adequate public notification, in violation of 327 IAC 8-2-15.
In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the action 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.
As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.
If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, The Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions to must be taken to correct the violation[s] and requiring the payment of an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.
Please contact Dave Knox at 317-233-5975 within fifteen days after receipt of this Notice to discuss resolution of this matter.
For the Commissioner:
Date: _______________ __Signed 2/27/04_
Felicia A. Robinson
Deputy Commissioner for Legal Affairs
cc: Ray Urchel, U.S. EPA Region 5,
Al Lao, IDEM Drinking Water Branch
Marshall County Health Department