NOTICE OF VIOLATION

Via Certified Mail #:

To: Don Williams, President
Warrick County Board of County Commissioners
Court House
107 West Locust Street
Suite 301
Boonville, IN 47601

Case No. 2003-13706-W

Based on an investigation, the Indiana Department of Environmental Management (IDEM) has reason to believe the unincorporated area of the Stonehaven subdivision in Warrick County and thereby the Warrick County Board of County Commissioners (Respondent) has violated environmental statutes and rules. The violations are based on the following:

    1. Respondent has jurisdiction over and responsibility for the septic tank systems and county ditches and drains in the unincorporated area of Stonehaven located at State Highway 61 just north of Boonville in Warrick County (the "Site").
2. Pursuant to IC 13-30-2-1, a person may not 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 sources, into the environment in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

Pursuant to Indiana Code IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of the state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters any organic or inorganic matter that shall cause or contribute to a polluted condition of any waters, as determined by a rule of the board adopted under IC 13-18-4-1 and IC 13-18-4-3.

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 National Pollutant Discharge Elimination System (NPDES) permit obtained prior to the discharge.

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:
 
 
    1. that will settle to form putrescent or otherwise objectionable deposits;
    2. that are in amounts sufficient to be unsightly or deleterious;
    3. that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;
    4. 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
(E) 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, be unsightly, or otherwise impair the designated uses. An investigation by IDEM, which included a review of records, including the results of samples obtained in April 2001, indicates that the septic tank systems of the unincorporated Stonehaven area in Warrick County discharge sewage into waters of the state, without an NPDES Permit. Therefore, the unincorporated area of Stonehaven, and thereby the Warrick County Board of County Commissioners are in violation of IC 13-30-2-1 and 327 IAC 5-2-2. The investigation further indicates that the discharges cause the receiving waters to contain E. coli bacteria concentrations in amounts sufficient to be deleterious. Therefore, the unincorporated area of Stonehaven, and thereby the Warrick County Board of County Commissioners are in violation of IC 13-30-2-1, IC 13-18-4-5, and 327 IAC 2-1-6(a)(1). In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violation and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violation occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violation and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also,

settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violation.

If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violation and requiring the payment of 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 Paul Cluxton at 317/232-8432 within fifteen (15) days after receipt of this Notice to discuss resolution of this matter.

For the Commissioner:
 
 

Date: __(Signed 4/9/04)_________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

cc: Charles Martin, County Attorney

Warrick County Health Department

Pam Hendrickson, Mayor, City of Boonville

Roger Goldman, IDNR

Randy McNeely, President, Stonehaven Homeowners Assoc.