NOTICE OF VIOLATION

Via Certified Mail# _______________        

To:    Mr. Bob McRae
Executive Director
Cedar Lake Bible Conference Center
P.O. Box 665
Cedar Lake, Indiana 46303

Cause No. 2000-9067-W

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on April 10, 2000, the Cedar Lake Bible Conference Center, which owns and operates a community public water supply under PWSID #5245055, located at 13701 Lauerman Avenue, in Cedar Lake, Lake County, Indiana, was found in violation of the following environmental rules:

A.    327 IAC 8-2-38 states, in part, that public water supplies serving 50,000 or fewer people that exceed the lead or copper action level shall monitor the following water quality parameters (WQPs):

1.    pH;
2.    alkalinity;
3.    orthophosphate, when an inhibitor phosphate is used;
4.    silica, when an inhibitor containing a silica compound is used;
5.    calcium;
6.    conductivity; and
7.    water temperature.

A system that serves between 25 to 500 people shall collect WQP samples from each entry point and one distribution sample tap twice during each monitoring period in which the lead or copper action is exceeded. The Cedar Lake Bible Conference Center exceeded the lead action level during the January 1- June 30, 1999 monitoring period and failed to monitor for WQPs in violation of 327 IAC 8-2-38.

    
A.    327 IAC 8-2-40 states, in part, that all public water supplies serving 50,000 or fewer people that exceed the lead or copper action level shall recommend optimal corrosion control treatment within six months of exceeding the lead or copper action level. The Cedar Lake Bible Conference Center exceeded the lead action level during the January 1- June 30, 1999 monitoring period and failed to submit an optimal corrosion control treatment recommendation in violation of 327 IAC 8-2-40.

A.    327 IAC 82-44 states, in part, that all public water supplies shall distribute the public education materials contained in the rule within 60 days of exceeding the lead action level. The Cedar Lake Bible Conference Center exceeded the lead action level during the January 1- June 30, 1999 monitoring period and failed to distribute public education materials in violation of 327 IAC 8-2-44.

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.

Please contact Ms. Christina Sorensen at 317/233-1190 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 5/4/00                
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement

cc:    Lake County Health Department
    U.S. EPA Region V, Drinking Water Section
                

Converted by Andrew Scriven