NOTICE OF VIOLATION

Via Certified Mail # ______________                       Via Certified Mail # ______________

To: Mr. & Mrs. William and DeAnna Moore

Donald Smith

1140 Monroe Street

300 Harry Hughes Road

Charlestown, IN 47111

Charlestown, IN 47111

Via Certified Mail # ______________                       Via Certified Mail # ______________

Phillip W. Bartelt

Norman Bittner

4604 Lake Forest Drive

4612 Lake Forest Drive

Charlestown, IN 47111

Charlestown, IN 47111

 

Via Certified Mail # ______________                       Via Certified Mail # ______________

Ray Beaufait

Sarah E. Miller and Eric W. Barnes

4615 Lake Forest Drive

4500 Lake Forest Drive

Charlestown, IN 47111

Charlestown, IN 47111

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Doug Duvall

Lewis W. Staum

4503 Lake Forest Drive

119 Lake Forest Drive

Charlestown, IN 47111

Charlestown, IN 47111

Via Certified Mail # ______________          

Garnett Burns,

c/o Community Bank

202 East Spring Street

Charlestown, IN 47111

Case No. 2002-12221-W

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe that the above named parties (Respondents) have violated environmental statutes and rules. The violations are based on the following:

Respondents own properties located in the North Wood Estates Subdivision, north of Charlestown, in Clark County, Indiana (the "Site").

    1. Said properties are each connected to a two-cell waste stabilization lagoon (the "lagoon") via a two-inch force main extended from at least one grinder pump lift station.
    2. Pursuant to IC 13-30-2-1(1), no person may discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under IC 13.
    3. Pursuant to IC 13-30-2-1(4), no person may deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the solid waste management board.
    4. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into the waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid National Pollutant Discharge Elimination System (NPDES) permit obtained prior to the discharge.
    5. Pursuant to 327 IAC 5-2-20, any violation of 327 IAC 5 may subject the person causing or contributing to said violation to administrative or judicial enforcement proceedings pursuant to IC 13-30.
    6. On July 17, 2002 and July 25, 2002, an IDEM representative observed a discharge of wastewater from the lagoon to a tributary of Silver Creek, a water of the state, resulting from a breach in the lagoon dike. The discharge is not in conformity with a valid NPDES permit, and therefore, is in violation of IC 13-30-2-1(1) and 327 IAC 5-2-2.
    7. On July 17, 2002 and July 25, 2002, an IDEM representative observed the presence of a constructed discharge pipe through which wastewater from the lagoon could be discharged to a tributary of Silver Creek. The IDEM representative further observed that the level of wastewater in the lagoon was approximately two inches below the discharge pipe, thereby posing a threat of a discharge of wastewater from the lagoon to a tributary of Silver Creek, without an NPDES permit, which would violate 327 IAC 5-2-2, and therefore violates IC 13-30-2-1(1).
    8. On July 17, 2002 and July 25, 2002, an IDEM representative observed a discharge of wastewater to the ground from a broken two-inch force main from a grinder pump lift station located at the Site. The discharge constituted an unlawful deposit of a contaminant upon the land, in violation of IC 13-30-2-1(4).

 In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violations. The Commissioner is not required to extend this offer for more than 60 days.

As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.

If an Agreed Order is not entered into within 60 days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of 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 Dave Knox at (317) 233-5975 within 15 days after receipt of this Notice to discuss resolution of this matter.

For the Commissioner:

 Signed 5/3/04____

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc:        U.S. E.P.A., Region 5

Clark County Health Department