Via Certified Mail#

To: Dr. John Quick, Superintendent

Bartholomew Consolidated School Corporation

2650 Home Avenue

Columbus, Indiana 47201

Case No. 2003-13058-W

Based on an investigation by a designated representative of the Indiana Department of Environmental Management (IDEM) on March 26, 2001, July 12, 2002, and March 20, 2003, Bartholomew Consolidated School Corporation, owner and operator of a wastewater treatment plant located at Rockcreek Elementary School in Columbus, Bartholomew County, Indiana was in violation of the following environmental rules and provisions of its National Pollutant Discharge Elimination System (NPDES) permit No. IN 0037559 ("the Permit"):

• Flowmeter malfunctions,
• Effluent line collapse,
• Lagoon was dark green in color with floating grease solids,
• Heavy solids and floc build up in the plant,
• Failure to maintain sludge disposal records, and
• Failure to accurately complete Daily Monitoring Reports and Monthly Operating Reports.

• Dissolved Oxygen (DO) for the months of May 2000 through November 2000, May 2001, July 2001 through November 2001, September 2002, and March 2003;

• pH for the months of July 2001 through September 2001, February 2002, March 2002, June 2002 through August 2002, and March 2003;

• Total Suspended Solids (TSS) for the months of July 2000, September 2000, September 2001, February 2002, and April 2002 through February 2003;

• Ammonia Nitrogen (NH4-N) for the months of January 2000 through August 2000, October 2000, November 2000, January 2001 through March 2001, May 2001, June 2001, August 2001 through November 2001, and January 2002 through February 2003;

• Total Residual Chlorine (TCR) for the months April of 2000 through October 2000, April 2001 through August 2001, October 2001, and April 2002 through September 2002;

• Carbonaceous Biological Oxygen Demand (CBOD) for the months of April 2002 through December 2002, January 2003, and February 2003;

• Flow through the treatment plant for the months of April 2002 through February 2003;

• Total Flow for the months of September 2002 through February 2003.

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 Jennifer Reno at (317)233-6336 within 15 days after receipt of this Notice regarding your intent to settle this matter.

Date: ________________ _Signed on 7/28/03_____

cc: Bartholomew County Health Department

P-File

Don Daily, OWQ Compliance Evaluation Section

Pam Grams, OWQ Compliance Evaluation Section

Rick Roudebush, OWQ Inspection Section (w/enclosure)

Kevin Hotz, OWQ Inspection Section (w/enclosure)

OWQ Data Management Section, Mychelline Fiadhiglas

Jennifer Reno, OE (w/enclosure)

OLC (w/enclosure)

E-File (w/enclosure)