NOTICE OF VIOLATION

 

 

To:

Ms. Lena Martin, President

Mr. Clarence Martin, Registered Agent

 

C & L Well Drilling, Inc.

C & L Well Drilling, Inc.

 

11431 CR 10

11431 CR 10

 

Middlebury, Indiana 46540

Middlebury, Indiana 46540

 

Case No. 2004-14450-W

 

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), C & L Well Drilling, Inc., located at 11431 CR 10, in Middlebury, Elkhart County, Indiana, is in violation of the following environmental statutes and rules:

 

A.                 Pursuant to IC 13-18-16-1 and 327 IAC 8-3-2(a), no person shall cause or allow the construction, installation, or modification of any facility, equipment, or device for any public water supply without having a valid construction permit issued by the commissioner. C & L Well Drilling, Inc.  caused the construction of public water supply drinking water wells at the following locations:

 

1.                  Rolling Meadow Parochial School (PWSID #2500009) in Bremen, Indiana on June 18, 2002;

2.                  Blue Ridge School (PWSID #2440856) in Shipshewana, Indiana on November 4-5, 2003.

3.                  Church of the Stone (PWSID #2440068) in Wolcottville, Indiana on June 20, 2003;

4.                  Dutch Kase Haus (PWSID #2440857) in Middlebury, Indiana on September 7, 2004.

C & L Well Drilling, Inc. caused the construction of the drinking water wells listed above prior to the issuance of a valid construction permit by the commissioner, in violation of IC 13-18-16-1 and 327 IAC 8-3-2(a).

 

B.                 Pursuant to 327 IAC 8-3.4-11, the minimum inside diameter of a production well casing shall be five (5) inches.  A record review documented that the inside diameter of the well casings installed at the Rolling Meadow Parochial School and at the Church of the Stone is four inches each, in violation of 327 IAC 8-3.4-11.

 

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 sixty (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.  Timely settlement by Agreed Order may result in a reduced civil penalty.  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.

 

To discuss this matter further, please contact Ms. Christina Sorensen at 317/233-1190 within 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:

 

 

 

 

 

 

 

 

 

Date:

 

Signed November 4, 2005

 

 

Matthew T. Klein

 

 

Assistant Commissioner

 

 

for Compliance & Enforcement

 

 

 

 

cc:

Elkhart County Health Department

 

Marshall County Health Department

 

LaGrange County Health Department

 

Rolling Meadow Parochial School

 

Blue Ridge School

 

Church of the Stone

 

Dutch Kase Haus

 

http://www.ai.org/idem/