NOTICE OF VIOLATION

Via Certified Mail# _______________ To: The Honorable Pamela Hendrickson, Mayor

City of Boonville

Town Hall

P. O. Box 585

Boonville, IN 47601-0585

Case No. 2002-11556-W

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the City of Boonville, owner and operator of and National Pollutant Discharge Elimination System (NPDES) permit holder for a wastewater collection system, which includes two combined sewer overflow points, and a wastewater treatment plant located in Boonville in Warrick County, Indiana, has been determined to be in violation of the following environmental rule and provisions of NPDES Permit No. IN0022420 (the "Permit"):

Pursuant to 327 IAC 5-2-8(1) and Part II.A.1 of the Permit, the City of Boonville is required to comply with all terms and conditions of the Permit.

Pursuant to Part VI of Attachment A of the Permit, the City of Boonville was required to submit to IDEM a Combined Sewer Overflow Long-term Control Plan (LTCP) by October 1, 2001.

IDEM records indicate that, as of October 1, 2002, the City of Boonville had failed to submit a LTCP, in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, and Part VI of Attachment A of the Permit.

 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 fifteen (15) days after receipt of this Notice

regarding your intent to settle this matter.
 
 
 
 

For the Commissioner:

Date: _______________ __(Signed October 29, 2002)__

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Enclosure

cc: Rob Burton, US Filter, Boonville

Mark Phillips, Boonville City Attorney

Warrick County Health Department