NOTICE OF VIOLATION

 

 

Via Certified Mail # ___________________ Via Certified Mail # ___________________

 

To:

Ms. Ellen Kizer, President

Bennett’s Greenhouses, Inc.

3651 McCarty Lane

Lafayette, IN 47905

To:

Mr. Richard W. Bennett, Vice President

Registered Agent

Bennett’s Greenhouses, Inc.

3651 McCarty Lane

Lafayette, IN 47905

 

Case No. 2001-10623-W

Based on compliance record review by designated representatives of the Indiana Department of Environmental Management (IDEM) on June 19, 2001, Bennett’s Greenhouses, Inc., a nontransient noncommunity public water system (PWS), PWS ID# 2790936, serving 65 persons at Bennett’s Greenhouses, Inc., located at 3651 McCarty Lane, in Lafayette, Tippecanoe County, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

    1. Pursuant to 327 IAC 8-2-37, each community and nontransient noncommunity public water supply shall monitor for lead and copper. Bennett’s Greenhouses, Inc., failed to monitor for lead and copper during the July to December 1999, January to June 2000, and January to June 2001 monitoring periods, in violation of 327 IAC 8-2-37.

    2. Pursuant to 327 IAC 8-2-5.5, a community water system and nontransient noncommunity water system shall collect and analyze samples for Volatile Organic Compound (VOCs) testing, in order to determine compliance with section 5.4 of this rule.

      3. According to IDEM's records, Bennett’s Greenhouses, Inc., failed to monitor and report VOCs three quarters during October 1, 1998 through September 30, 1999, in violation of 327 IAC 8-2-5.5, IC 13-18-16-6(a), IC 13-18-16-6(b), and IC 13-18-16-7.

       

       

      Seven of the regulated VOCs (Xylenes, Trichloroethylene, 1,1,1-Trichlorethane, Toluene, Tetrachloroethylene, 1,2-Dichloroethane, and Benzene) were analyzed on April 3, 2000 and submitted to IDEM.

    3. Pursuant to 327 IAC 8-2-5.1(4), each community and nontransient noncommunity water supply is required to collect four quarterly samples for Synthetic Organic Compounds (SOCs) beginning in its initial compliance period. A system serving 3,300 or fewer persons which does not detect any SOCs during its initial compliance period may reduce its SOC monitoring to one sample during each repeat compliance period.

      4. Bennett’s Greenhouses, Inc., failed to collect at least three SOC samples during October 1, 1999 through September 30, 2000 in violation of 327 IAC 8-2-5.1(4).

    4. Pursuant to 327 IAC 8-2-5.1, to determine compliance with section 5(a) of this rule, collection of samples for organic chemical testing, other than VOCs and total trihalomethanes, shall be made in accordance with this rule.

      5. According to IDEM's records, the Respondent failed to monitor and report SOCs (including PCBs and Dioxins), three quarters during October 1, 1999 through September 30, 2000, in violation of 327 IAC 8-2-5.1, IC 13-18-16-6(a), IC 13-18-16-6(b), and IC 13-18-16-7.

    5. Pursuant to 327 IAC 8-2-4(d) and (e), all public water systems shall monitor to determine compliance with the MCLs for Inorganic Compounds (IOCs). The Bennett’s Greenhouses, Inc., failed to monitor for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide (free), mercury, nickel, selenium, and thallium during the calendar year of 2000, in violation of 327 IAC 8-2-4.

    6. Pursuant to 327 IAC 8-2-15(d)(3)(B), the owner or operator of a PWS which fails to perform monitoring, shall notify persons served by the system within three months of the violation by hand delivery or by continuous posting in conspicuous places within the area served by the system. Posting must continue for as long as the violation exists. Notice by hand delivery must be repeated at least every three months for as long as the violation.

      7. Bennett’s Greenhouses, Inc., failed to notify persons served by its public water system of its failure to monitor at least three VOC samples during October 1, 1998 through September 30, 1999 by publication in a daily newspaper within three months of the violation, in violation of 327 IAC 8-2-15(d).

      Bennett’s Greenhouses, Inc., failed to notify persons served by its public water system of its failure to monitor at least three SOC samples during October 1, 1999 through September 30, 2000 by publication in a daily newspaper within three months of the violation, in violation of 327 IAC 8-2-15(d).

      Bennett’s Greenhouses, Inc., failed to notify persons served by its public water system of the failure to monitor IOC testing for the calendar year of 2000 by publication in a daily newspaper within three months of the violation, in violation of 327 IAC 8-2-15(d).

    7. Pursuant to 327 IAC 8-2-13(a), the supplier of water shall, except where a shorter period is specified in this rule, report to the commissioner the results of any test measurement or analysis required by this rule within:

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 as stipulated by the commissioner, whichever is shorter.

Bennett’s Greenhouses, Inc., failed to report the results of at least three VOC samples during October 1, 1998 through September 30, 1999 to the commissioner within the first ten days following the end of the required monitoring period, in violation of 327 IAC 8-2-13(a).

Bennett’s Greenhouses, Inc., failed to report the results of at least three SOC samples during October 1, 1999 through September 30, 2000 to the commissioner within the first ten days following the end of the required monitoring period, in violation of 327 IAC 8-2-13(a).

Bennett’s Greenhouses, Inc., failed to report the result of the calendar year 2000 IOC testing analysis to the commissioner within the first ten days following the end of the required monitoring period, in violation of 327 IAC 8-2-13(a).

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer 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 days.

Entering into an Agreed Order will prevent the issuance of a Notice and 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 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 allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within sixty days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken 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 each violation.

Please contact Ms. Stacie Tucker, Case Manager, at (317) 234-0411 within fifteen days after receipt of this Notice regarding your intent to settle this matter.

 

 

For the Commissioner:

Signed: 11/8/01

Date: ________________________ ______________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc: Ray Urchel, U.S. EPA, Region V, Water Division,

Groundwater and Drinking Water Branch

Tippecanoe County Health Department

http://www.state.in.us/idem (w/ enclosure)