NOTICE OF VIOLATION

Case No. 2003-13478-W

John R. and Cathy J. Stoltenberg, sole proprietors, jointly own and operate the Town Club Tavern and its non-community public water supply (PWS) system located at 13111 Lake Shore Drive in Cedar Lake, Lake County, Indiana, operating under PWSID # 2450237 and serving a population of approximately 150 customers. Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), John R. and Cathy J. Stoltenberg, as owners and operators of the Town Club Tavern PWS, are in violation of the following environmental rule(s):

1. Pursuant to 327 IAC 8-2-4.1(f), all public water supply (PWS) systems shall monitor to determine compliance with the maximum contaminant level (MCL) for nitrate.

1. Pursuant to 327 IAC 8-2-8(c), a noncommunity water supply system which serves no more than 1000 persons must collect at least one routine total coliform sample each calendar quarter.

IDEM records indicate that John R. and Cathy J. Stoltenberg failed to collect at least one routine total coliform sample from their Town Club Tavern PWS system during the first, second, third, and fourth quarters of 2001, the first, second, third, and fourth quarters of 2002, and the first, second, third, and fourth quarters of 2003, in violation of 327 IAC 8-2-8(c).

2. Pursuant to the public notice provisions of 327 IAC 8-2.1, (327 IAC 8-2-15(d) applies to violations occurring on or before November 19, 2001), the owner or operator of a PWS system which fails to perform monitoring required pursuant to 327 IAC 8-2-4.1(f) or 327 IAC 8-2-8(c), is required to notify persons served by the PWS system, in the manner provided for in these rules, of such failure.

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. 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 Richard Deitsch at 317/233-1135, 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 obtain the required signatures and return the signed Agreed Order to the Office of Enforcement at the above address within the 60 day settlement period.

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