NOTICE OF VIOLATION
Via Certified Mail# _______________
Via Certified Mail# _______________To: Mr. Roger Korenstra, President Mr. Bruce Korenstra, Registered Agent BWP of Indiana, Inc. BWP of Indiana, Inc.
70891 County Road 23 70891 County Road 23
New Paris, Indiana 46553 New Paris, Indiana 46553
Case No. 2001-11708-W
Based on investigation by designated representatives of the Indiana Department of
Environmental Management (IDEM) on August 12, 2002, BWP of Indiana, Inc. formerly known
as Better Way Products, Inc., owner and operator of a nontransient noncommunity public water
supply (PWS) system serving a population of approximately 65 customers, operating under
PWSID# 2201070, and located at 70891 County Road 23, New Paris, Elkhart County, Indiana, is
in violation of the following environmental rules:
A. Pursuant to 327 IAC 8-2-4, the maximum contaminant level (MCL) for nitrate is 10 milligrams per liter (mg/l). BWP of Indiana, Inc. exceeded the MCL of 10 mg/l for nitrate on December 5, 2000 with a nitrate sample of 17 mg/l, on January 30, 2001 with a nitrate sample of 15 mg/l, on March 27, 2001 with a nitrate sample of 13.4 mg/l, and on August 16, 2001 with a nitrate sample of 12 mg/l, in violation of 327 IAC 8-2-4.
B. Pursuant to 327 IAC 8-2-4.1(f)(2), for nontransient noncommunity ground water systems, the repeat monitoring frequency shall be quarterly for at least one year following any one sample in which the concentration is greater than or equal to 50% of the MCL. A ground water system may reduce the sampling frequency to annually after four consecutive quarterly samples are reliably and consistently less than the MCL. BWP of Indiana, Inc. failed to conduct quarterly sampling for nitrate for the second and fourth quarters of 2001 and the first and second quarters of 2002 in violation of 327 IAC 8-2-4.1(f)(2).
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 Ms. Christina Sorensen at 317/233-1190 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter
For the Commissioner:
Date: _______________ Signed October 16, 2002
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Elkhart County Health Department
Ray Urchel, U.S. EPA Region 5, Water Section
http://www.ai.org/idem/