NOTICE OF VIOLATION

 

 

 

To: Mr. Peter J. Liegl, President Mr. J. Richard Ransel, Registered Agent Forest River, Inc. Forest River, Inc.

3010 College Avenue 228 W. High Street

P.O. Box 134 Elkhart, Indiana 46516

Goshen, Indiana 46516

Case No. 2003-12694-W

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on December 12, 2002, Forest River, Inc.- Odyssey Division, owner and operator of a nontransient, noncommunity public water supply system (PWS) serving a population of approximately 100 customers, located at 51773 CR 39, in Middlebury, Elkhart County, Indiana, is in violation of the following environmental statutes and rules:

 

A. Pursuant to IC 13-18-16-1 and 327 IAC 8-3-2(a), no person shall cause or allow the construction, installation, or modification of any facility, equipment, or device for any public water supply without having a valid construction permit issued by the commissioner. Forest River, Inc. contracted for and caused or allowed the construction of a drinking water well at the Forest River, Inc.- Odyssey Division facility in Middlebury, Indiana that was initiated in the summer of 2002, prior to the issuance of a valid construction permit by the commissioner, in violation of IC 13-18-16-1 and 327 IAC 8-3-2(a).

Pursuant to 327 IAC 8-3-2(h), an after-the-fact construction permit must be obtained from the commissioner upon notification to the public water system by the commissioner of completed or progressing construction, installation, or modification of any facility, equipment or device for any public water system lacking a valid construction permit issued from the department. Forest River, Inc. failed to obtain an after-the-fact permit for the installation of the drinking water well at the Forest River, Inc.- Odyssey

 

Division that was initiated in the summer of 2002, after notification by the commissioner, in violation of 327 IAC 8-3-2(h).
    1. Pursuant to 327 IAC 8-3-1.1, a new nontransient noncommunity public water supply system must fulfill the requirements of 327 IAC 8-3.6 prior to making a submission to the commissioner for a permit to construct.

Pursuant to 327 IAC 8-3.6-3, a new public water supply system shall submit to the commissioner a water system management plan that demonstrates the capacity of the proposed public water supply system. The plan shall include, at a minimum, an assessment of the following:
    1. Technical capacity according to section 4 of this rule.
    2. Financial capacity according to section 5 of this rule.
    3. Managerial capacity according to section 6 of this rule.

To date, Forest River, Inc.-Odyssey Division has not submitted a water system management plan, in violation of 327 IAC 8-3-1.1 and 327 IAC 8-3.6-3.
    1. Pursuant to 327 IAC 8-3.4-11, the minimum inside diameter of a production well casing shall be five (5) inches. A sanitary survey of the system conducted on December 12, 2002 documented that the inside diameter of the well casing at Forest River, Inc.-Odyssey Division is four inches, in violation of 327 IAC 8-3.4-11.
    2. Pursuant to 327 IAC 8-3.4-9, a noncommunity public water system, with a nonsusceptible population that produces less than 70 gallons per minute must have a 100 feet standard isolation area from potential contamination sources. A sanitary survey of the system conducted on December 12, 2002 documented that the well is located approximately 20-25 feet from a buried sewer line serving a bathroom, in violation of 327 IAC 8-3.4-9.

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 Ms. Christina Sorensen at 317/233-1190 within 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:

 

Date: _______________ Signed May 8, 2003

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/