NOTICE OF VIOLATION

Via Certified Mail #:

To: James Henson, d/b/a

      Jim’s Septic and Sewer

      3701 E. 29^th Ave.

      Lake Station, IN 46404

Case No. 2004-13999-S

Based on an investigation the Indiana Department of Environmental Management (IDEM) has reason to believe that James Henson, d/b/a Jim’s Septic and Sewer (Respondent) has violated environmental rules. The violations are based on the following:

1.                  Respondent James Henson, d/b/a Jim’s Septic and Sewer owns/operates a septic service business located at 3701 E. 29^th Ave. in Lake Station, Lake County, Indiana (the “Site).

2.                  Pursuant to 327 IAC 7.1-3-1(A), any person providing or engaging in wastewater management shall comply with the following, unless exempted by IC 13-18-12-7; possess a valid wastewater management permit, in addition to a valid license for any vehicle used for wastewater management activities.

            On March 22, 2004, the Respondent used a vehicle for wastewater management           activities that did not have a valid license, in violation of 327 IAC 7.1-3-2(A).

3.                  Pursuant to 327 IAC 7.1-5-4(d), wastewater management vehicle licenses are not

transferable.

On March 22, 2004, the Respondent used a vehicle for wastewater

management activities that was marked with the wastewater management vehicle

license number of another wastewater management vehicle, in violation of 327

IAC 7.1-5-4(d).

4.                  Pursuant to 327 IAC 7.1-6-1, the current vehicle license issued by the Commissioner must be maintained in the vehicle at all times.

On March 22, 2004, the Respondent did not have a copy of the current vehicle license issued by the Commissioner in the wastewater management vehicle, in violation of 327 IAC 7.1-6-1.

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violation[s] may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violation[s] 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[s] occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violation[s] 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[s].

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[s] 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.

To discuss this matter further, please contact Craig Henry at 317/233-1136 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

For the Commissioner:

Signed August 18, 2004

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc:        Lake County

            Lake County Public File, H file

            www.in.gov/idem