NOTICE OF VIOLATION
 
  Via Certified Mail # 7000 0600 0026 8292 7807 Via Certified Mail # 7000 0600 0026 8292 7791
 
 

To: Milton C. Smith, President                                 Milton C. Smith, Registered Agent
Hinsdale Farms, LTD                                             Hinsdale Farms, LTD
605 Kesco Drive                                                     210 Greenfield Drive
Bristol, IN 46507                                                     Middlebury, IN 46540

Case No. 2003-12761-S Based on investigations by a designated representative of the Indiana Department of Environmental Management (IDEM) on August 21, September 27, November 19, and December 16, 2002, and March 11, 2003, Hinsdale Farms, LTD, located at 605 Kesco, Bristol, in Elkhart County, Indiana (the "Site"), is in violation of the following environmental rules: A. Pursuant to 327 IAC 6.1-4-18(a), a monthly report of activities and analyses related to land application of a biosolid or industrial waste product must be reported to the commissioner within 30 days of the end of each month on forms and in a format prescribed by the commissioner.

Hinsdale Farms, LTD, did not submit timely reports on forms nor in a format prescribed by the commissioner for the months of June, July, August, September, October, November, and December 2002, and January 2003, in violation of 327 IAC 6.1-4-18(a).

B. Pursuant to 327 IAC 6.1-4-16(e)(3), prior to land application, representative samples of biosolid or industrial waste product that is to be applied to the land shall be collected and analyzed at the frequency listed in Table 6 in subsection (f) for polychlorinated biphenyls (PCBs).

Hinsdale Farms, LTD, did not collect and analyze representative samples of biosolid or industrial waste product for PCBs at the frequency required by Table 6 in 327 IAC 6.1-4-16(f), in violation of 327 IAC 6.1-4-16 (e)(3).
 

 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 Barbara Goldblatt at 317 / 233 - 6335 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:
 

Date: 7 / 7 / 03

Felicia A. Robinson
Deputy Commissioner for Legal Affairs
 

cc: Elkhart County Health Department
http://www.state.in.us/idem