NOTICE OF VIOLATION
|
Via Certified Mail #: |
|
|
Via Certified Mail #: |
|
|
|
|
|||||
|
To: |
Peter P. Magnuson,
President The Legacy Corporation d/b/a Beacon Hills Golf
Club 3253 West Woodmere Ridge |
|
Jonathan E. Howes,
Registered Agent The Legacy Corporation d/b/a Beacon Hills Golf
Club |
||
Case No. 2006-15930-W
Based on an investigation, the Indiana Department of Environmental
Management (“IDEM”) has reason to believe The Legacy Corporation d/b/a Beacon
Hills Golf Club (“Respondent”) has violated environmental rules. The violations are based on the following:
1.
Respondent
operates a transient noncommunity public water supply system (“PWS”) located at
286 West Johnson Road, in LaPorte, LaPorte County, Indiana, operating from
April 1 through November 1 every year under PWSID No. IN2464098 and serving a
population of approximately 105 persons.
2.
Pursuant to 327
IAC 8-2-8(c), a noncommunity water supply system which serves no more than
1,000 persons must collect at least one routine total coliform sample each
calendar quarter.
IDEM
records indicate that Respondent failed to
collect at least one routine total coliform sample from its PWS system during
the second and fourth quarters of 2004, the second, third, and fourth quarters
of 2005, and the second quarter of 2006, in violation of 327 IAC 8-2-8(c).
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 8-2-8(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 the failure to perform the total coliform monitoring required
pursuant to 327 IAC 8-2-8(c) during the second and fourth quarters of 2004, the
second, third, and fourth quarters of 2005 and the second quarter of 2006, 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 sixty (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 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
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 Jennifer Donahue at 317/233-5974, within fifteen (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 sign and return it to the
Office of Enforcement at the above address within the sixty (60) day settlement
period.
|
|
For the Commissioner: |
||
|
Date: |
|
|
Signed
August 21, 2006 |
|
|
Matthew T. Klein |
||