NOTICE OF VIOLATION
Via Certified Mail# _______________
To: Tim Shoaf, President
Hope Town Council
Town of Hope
404 Jackson Street
Hope, IN 47246
Case No. 2003-13021-W
Based on investigation by designated representatives of the Indiana Department of
Environmental Management (IDEM), The Hope Water Department public water
supply (PWS) system identified as PWSID 5203006 serves a population of 2,220. The PWS is
located at 529 Mill Street, Hope, Indiana, and is in violation of the following environmental
rule:
Pursuant to 327 IAC 8-2-4.1(k)(3), compliance with the maximum contaminant level (MCL) for nitrate is determined based on one sample if the level of the contaminant is below the MCL. If the level of nitrate exceeds the MCL in the initial sample, a confirmation sample is required in accordance with subsection (h)(2), and compliance shall be determined based upon the average of the initial and confirmation samples. The Hope Water Department exceeded the MCL of 10 mg/l for nitrate based upon the average of the initial and confirmation samples collected on September 20, 2002 and September 30, 2002, which was 11.7 mg/l, and based upon initial samples of 10.8 mg/l on March 20, 2002 and 13.6 mg/l on July 19, 2000, for which no confirmation samples were taken. These occurrences are in violation of 327 IAC 8-2-4.1(k)(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 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.
To discuss this matter further, please contact Dave Knox at 317/233-5975 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 9/5/03___
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: U.S. EPA Region V, Water Section
Bartholomew County Health Department
Ernest Holt, Certified Operator