To:    Alfred Godfrey d/b/a/
    AAA Godfrey & Son
    306 West Chicago Avenue
    Vincennes, Indiana 47591

    A.    Pursuant to 327 IAC 7-5-1(a), and Land Application Approval # 017-01, all wastewater shall be disposed in compliance with this rule (327 IAC 7-5). This violation is based on the fact that Godfrey & Son disposed of wastewater in violation of 327 IAC 5 at the Site .

    B.    Pursuant to 327 IAC 7-5-1(b), provided that 327 IAC 7-5 is satisfied, and depending on the wastewater origin and condition, the manner of wastewater disposal shall be in accordance with the table under this rule depicting acceptable disposal methods (chemical toilet waste may not be land applied). This violation is based on the fact that Godfrey & Son allowed the land application of chemical toilet waste at the Site.

    C.    Pursuant to 327 IAC 7-6-8(3), and Land Application Approval #017-01, under no conditions shall wastewater be discharged or allowed to drain to the waters of the state. Wastewater shall not be applied to road ditches, or to swales or field depressions that carry running water during snow melt or rainfall. This violation is based on the fact that Godfrey & Son allowed the land application of wastewater to drain towards a spring fed ditch and small pond at the Site.

    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 sixty (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 Janet Arnold at 317/232-7201 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:

Date:    _______________                Signed on 4/20/00
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

cc:    Knox County Health Department
    Knox County G2A Public File
    http://www.state.in.us/idem
    

bcc:    Amy McDonnell, Office of Legal Counsel
    George DeLancey, Office of Land Quality
    Judy Dicus Thomann, Southwest Regional Office
    Jim McCurdy, Office of Land Quality (also receives Public File copy)
    Janet Arnold, Office of Enforcement
    Enforcement File
    
    

Converted by Andrew Scriven