INSERT_TITLE

    Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on March 31, 2000, and records review of the Jasper- Newton Utility Company, Inc. wastewater treatment facility located at 9151 North 1200 West, DeMotte, in Jasper County, Indiana, ("Site") you were in violation of the following environmental statute, rules, and permit:

    ?.@      Pursuant to IC 13-18-4-5, it is unlawful for a person to throw, run, drain, or otherwise dispose into any of the streams or waters of this state, or to cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters, any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under section 1 and 3 of this chapter. During an inspection at the Site on March 31, 2000, IDEM staff observed sewage solids in Candlewood Ditch below your Outfall 001 and the wastewater treatment system clarifier and chlorine contact tank were losing sewage solids into the plant effluent which constitutes violation of IC 13-18-4-5.

    ?.A      Pursuant to 327 IAC 2-1-6(a)(1) and your NPDES permit No. IN0039101 under Part I.A.2., all surface waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices or other discharges that will settle to form putrescent or otherwise objectionable deposits, that are in amounts sufficient to be unsightly or deleterious, that produce color, odor or other conditions in such degree as to create a nuisance, which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans. The

observation by IDEM on March 31, 2000 of sewage solids release from the Jasper-Newton Utility Company, Inc. wastewater treatment plant into Candlewood Lateral Ditch, the continued presence of excessive E. Coli in Candlewood Ditch on April 3, 2000, as determined by the sampling by the Jasper County Health Department, and the excessive amount of Total Residual Chlorine (2.2 mg/l) in the Ditch from your Outfall 001 on May 11, 2000, constitute violations of 327 IAC 2-1-6 and the permit.

    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 Paul Cluxton at 317/232-8432 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 9/11/2000)
                            Felicia A. Robinson
                            Assistant Commissioner of Enforcement
Enclosure
cc:    Mr. James E. Rose, Secretary, Jasper-Newton Utility
    Mr. Mike Milatovic, Wastewater Treatment Operator
    Mr. Joseph Bala, Park Manager
    Jasper County Health Department

[an error occurred while processing this directive]