NOTICE OF VIOLATION
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To: |
Mr.
Eric Patrick Moore, President |
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Mr.
Timothy J. Bender, Registered Agent |
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Mooreco IV, Inc. d/b/a |
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Mooreco IV, Inc. d/b/a |
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McDonalds-Fishers |
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McDonalds-Fishers |
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2700 |
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Fishers,
Indiana 46038-9508 |
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Case No. 2004-14130-W
The Indiana Department of Environmental Management (IDEM) has reason to
believe that Mooreco IV, Inc. (Respondent), as
operator of the McDonalds-Fishers restaurant public water supply (PWS) system,
has violated environmental rules. The
violations are based on the following:
1.
Respondent operates a noncommunity
PWS system located at
2.
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.
IDEM records indicate that Respondent failed to monitor its PWS system for
nitrate during the year of 2002, in violation of 327 IAC 8-2-4.1(f).
3.
Pursuant to 327 IAC
IDEM records indicate that Respondent failed to collect at least one routine
total coliform sample from its system during the
first, second, third, and fourth quarters of 2002, the first, second and fourth
quarters of 2003, and the first quarter of 2004, in violation of 327 IAC
4.
Pursuant to the public notice provisions of 327 IAC
8-2.1-7, the owner or operator of a PWS system which fails to perform
monitoring required pursuant to 327 IAC
IDEM records indicate that Respondent failed to notify persons served by its
system of its failure to perform the total coliform
monitoring required pursuant to 327 IAC 8-2-8(c) during the first, second,
third and fourth quarters of 2002, the first and fourth quarters of 2003, and
the first quarter of 2004, 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 13-30-3-3, 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 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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For
the Commissioner: |
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Date: |
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Signed
on |
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Matthew
T. Klein |
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Assistant
Commissioner for |
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Compliance
and Enforcement |