NOTICE OF VIOLATION
To: David McGee, President Roger Laidig, Registered Agent
Community Gospel Church, Inc. Community Gospel Church, Inc.
P.O. Box 281 13850 Dragoon Trail
Bremen, Indiana 46506 Mishawaka, Indiana 46544
Case No. 2003-13523-W
Community Gospel Church, Inc. owns a non-community public water supply system (PWS) located at 68893 State Road 331 North, in Bremen, Marshall County, Indiana, operating under PWSID #2500166, and serving a population of approximately 450 customers. Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Community Gospel Church, Inc., as owner of the PWS, is in violation of the following environmental rule(s):
IDEM records indicate that Community Gospel Church, Inc. failed to monitor its PWS system for nitrate during the year of 2000 and 2002, in violation of 327 IAC 8-2-4.1(f).
IDEM records indicate that Community Gospel Church, Inc. failed to collect at least one routine total coliform sample from its PWS system during the 1st, 3rd and 4th quarters of 2002, in violation of 327 IAC 8-2-8(c).
C. 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.
IDEM records indicate that Community Gospel Church, Inc. failed to notify persons served by its PWS system of its failure to perform the nitrate monitoring required pursuant to 327 IAC 8-2-4.1(f) during 2000 and 2002, and the total coliform monitoring required pursuant to 327 IAC 8-2-8(c) during the 1st, 3rd and 4th quarters of 2002, in violation of 327 IAC 8-2-15(d).
IDEM records further indicate that Community Gospel Church, Inc. failed to notify persons served by its PWS system of its failure to perform the nitrate monitoring required pursuant to 327 IAC 8-2-4.1(f) during 2000 and 2002, and total coliform monitoring required pursuant to 327 IAC 8-2-8(c) during 1st, 3rd and 4th quarters of 2002, in violation of the public notice provisions of 327 IAC 8-2.1.
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 Aletha Lenahan at (317) 232-8407 within 15 days after receipt of this Notice, regarding Community Gospel Church, Inc.'s intent to settle this matter. If Community Gospel Church, Inc. is 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.
For the Commissioner:
Date: November 19, 2003
Felicia A. Robinson
Deputy Commissioner for Legal Affairs