NOTICE OF VIOLATION

Via Certified Mail# _______________

To: Russell's Sewer Service, Inc.

Larry Smith, President and R. A.

2819 North Washington Street

Kokomo, IN 46901

Case No. 2003-12677-S

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on December 31, 2002, Russell's Sewer Service, Inc., Wastewater Management Permit #455, located at 2819 North Washington Street, Kokomo, Howard County, Indiana ("Site") is in violation of the following environmental rule and statutes:

Pursuant to 327 IAC 7.1-3-1, any person providing or engaging in wastewater management shall comply with the following: (1) Unless exempted by IC 13-18-12-7, possess a valid wastewater management permit; and (2) Comply with all applicable requirements of IC 13-18-12 and this article. Russell's Sewer Service Inc. was operating Underground Wastewater Storage Tanks at the Site without a proper wastewater management permit, thus violating 327 IAC 7.1-3-1.

Pursuant to IC 13-18-12-2(a), a person may not transport, treat, store, or dispose of wastewater in violation of this chapter. Russell's Sewer Service Inc. was storing wastewater in Underground Wastewater Storage Tanks at the Site without a proper wastewater management permit, thus violating IC 13-18-12-2(a).

Pursuant to IC 13-18-12-2(b)(1) and (2), a person may not engage in: (1) the cleaning of sewage disposal systems; or (2) the transportation, treatment, storage, or disposal of wastewater; without a wastewater management permit unless the person is exempted under section 7 of this chapter. Russell's Sewer Service Inc. was storing wastewater in Undergroun Wastewater Storage Tanks at the Site without a proper wastewater management permit, thus violating IC 13-18-12-2(b)(1) and (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.

To discuss this matter further, please contact Dirk Andres at (317)233-3831 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

For the Commissioner:

Signed on May 1, 2003

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Howard County Health Department

Howard County H File

Enforcement File

http://www.state.in.us/idem