NOTICE OF VIOLATION
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Via Certified Mail #: |
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To: |
Mr.
Jim Sarkine d/b/a 6575
East CR 200 North |
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Case No. 2006-15805-W
Based on an investigation, the Indiana Department of Environmental
Management (IDEM) has reason to believe Jim Sarkine as owner and operator of
the
1.
Respondent owns
a transient, noncommunity public water supply system (PWS) located at
6575 East CR 200 North, in Avon, Hendricks County, Indiana, operating under
PWSID #2320896 and PWSID # 2320897 and serving a population of approximately 50
customers.
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 Respondent failed to monitor its PWS system for nitrate
during the years of 2004 and 2005, in violation of
327 IAC 8-2-4.1(f).
3.
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
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 Respondent 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 2004 and 2005, in violation of the public notice
provisions of 327 IAC 8-2.1-7.
4. Pursuant
to Indiana Code (IC) 13-18-20.5-2, PWS systems are required to pay annual
operating fees. Respondent has failed to
pay the annual operating fee for 2004 that was assessed by an invoice dated
July 7, 2005, in violation of IC 13-18-20.5-2, and is also considered delinquent. Pursuant to IC 13-18-20.5-4, PWS systems that
are delinquent in paying their annual operating fees may be assessed a
delinquent fee. Respondent has been
assessed a delinquent fee by an invoice dated October 7, 2005, and has failed
to pay its delinquent fee, in violation of IC 13-18-20.5-4.
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 Ms. Christina Sorensen at (317)233-1190, 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 September 8, 2006 |
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Matthew T. Klein |
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