NOTICE OF VIOLATION

Case No. 2002-11173-W

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Mr. Phillip S. and Ms. Rebecca L. Mazur, who jointly and severally own and operate Mill Creek Inn transient noncommunity public water supply (PWS) system, identification number 2320122, which serves approximately 100 persons and is located at 6048 West U. S. 40, Stilesville, Hendricks County, Indiana, have been determined to be in violation of the following environmental rules:

1. Pursuant to 327 IAC 8-2-4.1(f), all public water supply (PWS) systems shall monitor to determine compliance with the maximum contaminant level (MCL) for nitrate.

IDEM records indicate that Mr. Phillip S. and Ms. Rebecca L. Mazur failed to fulfill their annual monitoring requirement for nitrate for the Mill Creek Inn PWS system during 2001, in violation of 327 IAC 8-2-4.1(f).

2. Pursuant to 327 IAC 8-2-8(c), a noncommunity water supply system which serves not more than 1,000 persons must collect at least one routine total coliform sample each calendar quarter.

1. Pursuant to 327 IAC 8-2.1-7 and 327 IAC 8-2.1-9 (Tier 2 Notice), effective on and after November 20, 2001, 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. The Commissioner has determined, taking into account health impacts, that Tier 2 Notice applies pursuant to 327 IAC 8-2.1-9(a)(2).

IDEM records indicate that Mr. Phillip S. and Ms. Rebecca L. Mazur failed to notify persons served by the Mill Creed Inn PWS system of the failure to perform total coliform monitoring during the third and fourth quarters of 2002, and the first quarter of 2003, in violation of 327 IAC 8-2.1-7 and 327 IAC 8-2.1-9.

2. Pursuant to 327 IAC 8-2.1-8 (Tier 1 Notice), the owner or operator of a PWS system, which experiences exceedance in total coliform bacteria maximum contaminant level (MCL) and fails to perform repeat bacteriological samples to rule-out possible exceedance in fecal coliform MCL or E. coli bacteria MCL (where the standard is no more than one sample may be positive), is required to notify persons served by the PWS system, in the manner provided for in this rule, of such failure.

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 60 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. 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 60 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 Richard Deitsch 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 obtain the required signatures and return the signed Agreed Order to the Office of Enforcement at the above address within the 60 day settlement period.

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