NOTICE OF VIOLATION
Via Certified Mail# _______________
To: Ms. Gloria Wilcox
Owner
Big Oak Mobile Home Park
Route 3, Box 278
Owensville, Indiana 47665
Case No. 2003-13391-W
The Big Oak Mobile Home Park owns a community public water supply system (PWS) located at Rural Route 3, in Princeton, Gibson County, Indiana, operating under PWSID #5226012 and serving a population of approximately 82 customers. Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Ms. Gloria Wilcox, as owner of the Big Oak Mobile Home Park PWS, is in violation of the following environmental rule:
Pursuant to 327 IAC 8-4.1-8 and 327 IAC 8-4.1-16(c), small (serving 3,300 customers or less) Community Public Water Supply Systems (CPWSS) must complete and submit a Phase I Wellhead Protection Plan (WHPP) to the Indiana Department of Environmental Management by March 28, 2002. To date, Ms. Gloria Wilcox has not submitted the Phase I WHPP for the Big Oak Mobile Home Park PWS to IDEM, in violation of 327 IAC 8-4.1-8 and 327 IAC 8-4.1-16(c).
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 Ms. Christina Sorensen at 317/233-1190, within 15 days after receipt of this Notice, regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the 60 day settlement period.
For the Commissioner:
Date: _______________ Signed October 10, 2003
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Gibson County Health Department
U.S. EPA, Region 5, Water Section