NOTICE OF VIOLATION
|
To: |
Rev. Wayne Grace, President
and Registered Agent Shelby Street Pentecostal
Lighthouse, Inc. |
Case No. 2004-13912-W
The Indiana
Department of Environmental Management (IDEM) has reason to believe that Shelby
Street Pentecostal Lighthouse, Inc. (Respondent), as owner and operator of the Shelby
Street Pentecostal Lighthouse public water supply (PWS) system, has violated
environmental rules. The violations are
based on the following:
1.
Respondent owns and
operates a noncommunity PWS system located at
2.
Pursuant to 327
IAC 8-2-4.1(f), all PWS systems shall monitor to determine compliance with the
maximum contaminant level (MCL) for nitrate.
IDEM
records indicate that Shelby Street Pentecostal Lighthouse, Inc. failed to
monitor its PWS system for nitrate during the years of 2002 and 2003, in
violation of 327 IAC 8-2-4.1(f).
3.
Pursuant to 327
IAC
IDEM records indicate that Shelby Street Pentecostal
Lighthouse, Inc. failed to collect at least one routine total coliform sample
from its PWS system during the third quarter of 2001, the first, second, and
fourth quarters of 2002, and the second, third, and fourth quarters of 2003, in
violation of 327 IAC 8-2-8(c).
4.
Pursuant to the
public notice provisions of 327 IAC 8-2.1-7, (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 Shelby Street Pentecostal
Lighthouse, Inc. failed to notify persons served by its PWS system of its
failure to perform the total coliform monitoring required pursuant to 327 IAC
IDEM records further indicate that Shelby Street
Pentecostal Lighthouse, 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 2002 and 2003, and total coliform monitoring required
pursuant to 327 IAC 8-2-8(c) during the first, second, and fourth quarters of
2002, and the second, third, and fourth quarters of 2003, in violation of the
public notice provisions of 327 IAC 8-2.1-7.
In accordance with IC
13-30-3-3, the Commissioner herein provides notice that violations may exist
and offers an opportunity to enter into an Agreed Order providing for the
action 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.
As provided in IC
13-30-3-4, an alleged violator may enter into an Agreed Order without admitting
that the violations occurred. IDEM
encourages settlement by Agreed Order, thereby resulting in quicker correction
of the environmental violations 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 violations.
If an Agreed Order is
not entered into within 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 violations 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 Richard Deitsch at 317/233-1135, within 15 days after receipt of this Notice, regarding your intent to settle this matter. If Shelby Street Pentecostal Lighthouse, 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:
Felicia A. Robinson
Deputy Commissioner for
Legal Affairs