NOTICE OF VIOLATION
Town Council of Bruceville
Town Hall
P.O. Box 247
Bruceville, IN 47516
Case No. 2002-11450-W
Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the Town of Bruceville, owner and operater of a community public water supply system (designated as "PWSID #5242003") located in Bruceville, Knox County, Indiana, has been determined to be in violation of the following environmental rules:
Pursuant to 327 IAC 8-2-4(a) the maximum contaminant level (MCL) for the inorganic chemical Nitrate that applies to all community water systems is 10 milligrams per liter (mg/l).
Pursuant to 327 IAC 8-2-4.1(k)(3), compliance with the MCL for nitrate is determined based on one sample if the level of the contaminant is below the MCL. If the level of nitrate exceeds the MCL in the initial sample, a confirmation sample is required in accordance with 327 IAC 8-2-4.1(h)(2), and compliance shall be determined based upon the average of the initial and confirmation samples.
IDEM records for the period between November 1999 and September 2002 indicate that the Town of Bruceville failed to comply with the MCL of 10 mg/l for nitrate based upon the average of the initial and confirmation sample results as follows:
The average of the result of the initial sample collected on February 23, 2000 and the result of the confirmation sample collected on March 7, 2000 was 12 mg/l;
The average of the result of the initial sample collected on May 31, 2000 and the result of the confirmation sample collected on June 13, 2000 was 11.0 mg/l;
The average of the result of the initial sample collected on May 28, 2002 and the result of the confirmation sample collected on June 5, 2002 was 11.6 mg/l;
The average of the result of the initial sample collected on September 11, 2002 and the result of the confirmation sample collected on September 16, 2002 was 22.7 mg/l.
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 (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. 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 (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 Paul Cluxton at 317/232-8432 within 15 days after receipt of this Notice regarding Bruceville's intent to settle this matter or to request a settlement conference.
For the Commissioner:
Date: _______________ ___(Signed November 25, 2002)__
Felicia A. Robinson
Deputy Commissioner for Legal Affairs
Enclosure
cc: Knox County Health Department
Brent Smith, Bruceville Water Utility
Herb Hasting, Operator