We make Indiana a cleaner, healthier place to live.

Commissioner (800) 451-6027

NOTICE OF VIOLATION

To: Robert Ritchey

Box 67

Burlington, IN 46915

Case No. 2003-13449-S

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on July 1 & 2, 2003, Robert Ritchey, located on C.R. 500 S., one mile west of Hwy. 29, in Burlington, Carroll County, Indiana, was in violation of the following environmental statutes and rules:

A. Pursuant to 327 IAC 2-6.1-7, any person who operates, controls or maintains any

mode of transportation or facility from which a spill occurs shall, upon discovery

of a reportable spill to the soil or surface waters of the state, contain the spill, if

possible, to prevent additional spilled material from entering the waters of the

state; undertake or cause others to undertake activities needed to accomplish a

spill response; and as soon as possible, but within two hours of discovery,

communicate a spill report to the Department of Environmental Management,

Office of Environmental Response.

Reportable spills of animal manure from the Site into the North Fork of Wildcat

Creek, waters of the state, occurred on or about July 1 & 2, 2003, and were not

properly contained and/or responded to and/or reported by Robert Ritchey, in

violation of 327 IAC 2-6.1-7.

B. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including

the mixing zone, shall meet the minimum conditions of being free from

substances, materials, floating debris, oil, or scum attributable to municipal,

industrial, agricultural, and other land use practices, or other discharges that will

settle to form putrescent or otherwise objectionable deposits, that are in amounts

sufficient to be unsightly or deleterious, that produce color, visible oil sheen,

odor, or other conditions in such degree as to create a nuisance, which are in

amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill

aquatic life, other animals, plants, or humans, and which are in concentrations or

combinations that will cause or contribute to the growth of aquatic plants or algae

to such a degree as to create a nuisance.

Robert Ritchey caused and/or allowed the discharge of animal manure from the

Site on or about July 1 & 2, 2003, into the North Fork of Wildcat Creek, waters of

the state, that settled to form putrescent or otherwise objectionable deposits, that

was in an amount sufficient to be unsightly or deleterious, that produced color,

C. Pursuant to 327 IAC 5-2-2, any discharge of pollutants into waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES Permit obtained prior to the discharge.

Robert Ritchey caused and/or allowed the discharge of animal manure, a pollutant, from the Site on or about July 1 & 2, 2003, into the North Fork of Wildcat Creek, waters of the state, without a valid NPDES permit and without meeting any of the exclusions in 327 IAC 5-2-4, in violation of 327 IAC 5-2-2.

E. Pursuant to IC 13-30-2-1(1), no person may discharge, emit, cause, allow, or

threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other

or into any publicly owned treatment works in any form which causes or would cause pollution which violates or which would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

F. Pursuant to 327 IAC 16-3-1(a), a confined feeding operation shall be managed to

avoid an unpermitted discharge into waters of the state.

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 Craig Henry at 317/233-1136 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: _______________ February 10, 2004