NOTICE OF VIOLATION
Via Certified Mail# _______________
To:
Mr. David Finley
Owner
Lakeside Manor Mobile Home Park
2001 Sycamore Drive
Fort Wayne, Indiana 46814
Case No. 2003-13460-W
Mr. David Finley, as owner of the Lakeside Manor Mobile Home Park (MHP), owns a community public water supply system (PWS) located at 8130 North 1150 West, Shipshewana, LaGrange County, Indiana, operating under PWSID #5244002 and serving a population of approximately 260 customers. Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Mr. David Finley, as owner of the 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 (defined as serving 3,300 customers or less) Community Public Water Supply Systems (CPWSS) were required to complete and submit a Phase I Wellhead Protection Plan (WHPP) to the Indiana Department of Environmental Management by March 28, 2002. To date, Mr. David Finley has not submitted the Phase I WHPP for the Lakeside Manor MHP 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 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 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 November 19, 2003
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: LaGrange County Health Department
Ray Urchel, U.S. EPA, Region 5, Water Section