NOTICE OF VIOLATION
Via Certified Mail# _______________ To: Mr. David Koehler, Superintendent
South Dearborn Community School Corporation
6109 Squire Place
Aurora, IN 47001

Case No. 2002-12574-W

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), the South Dearborn Community School Corporation, owner of the Manchester Elementary School wastewater treatment plant, located at S.R. 48 and Louden Road, Manchester, in Dearborn County, Indiana (the "Site"), has been determined to be in violation of the following environmental rules and statutes:

    1. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into 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 NPDES permit obtained prior to the discharge.
Pursuant to IC 13-30-2-1, a person may not 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 in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

IDEM records, which include a September 13, 2002 correspondence from a representative of the South Dearborn Community School Corporation to IDEM, indicate the presence of a point source discharge of pollutants from the Manchester Elementary School wastewater treatment plant to an unnamed tributary of Burton Branch, without a valid NPDES Permit, in violation of 327 IAC 5-2-2 and IC 13-30-2-1.

B. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:
 
 
    1. that will settle to form putrescent or otherwise objectionable deposits;
    2. that are in amounts sufficient to be unsightly or deleterious;
    3. that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;
    4. which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans.; and
(E) which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.
 
  Pursuant to IC 13-30-2-1, a person may not 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 in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of the state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters any organic or inorganic matter that shall cause or contribute to a polluted condition of any waters.

 An investigation of the Site conducted by representatives of IDEM on October 31, 2002, revealed the presence of substantially untreated sewage in the unnamed tributary of Burton Branch resulting from the point source discharge of pollutants from the Site, in violation of 327 IAC 2-1-6(a)(1), IC 13-30-2-1, and IC 13-18-4-5.
    1. Pursuant to IC 13-18-11-11, all wastewater treatment plants, whether
publicly or privately owned, must be under the supervision of an operator certified by the commissioner in a classification corresponding to the classification of the plant to be supervised.

IDEM records indicate that the South Dearborn Community School Corporation operated the Manchester Elementary School wastewater treatment plant without an operator that was duly certified by the commissioner until October 31, 2002, in violation of IC 13-18-11-11.

 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. 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 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 your intent to settle this matter.
 
 
 
 

For the Commissioner:

Date: _______________ __(Signed April 28, 2003)___

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs

Enclosure

cc: Mr. Robert Rollins, Administrative Assistant
Mrs. Janet Platt, Principal
Dearborn County Health Department
RQAW
http://www.state.in.us/idem