NOTICE OF VIOLATION
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To: |
Don and Barbara Irving, Owners |
Case No. 2000-9954-W
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on or before November 2, 2000, and on or before April 30, 2001, Don and Barbara Irving, who own and operate the Water Bowl, 6811 North Old State Road 3, Muncie, Delaware County, Indiana, were in violation of the following environmental statute(s), rule(s), and/or permit(s):
A. Pursuant to 327 IAC 8-2-4.1(f), all public water supply (PWS) systems shall monitor to determine compliance with the maximum contaminant level (MCL) for nitrate. You failed to monitor the Water Bowl PWS system for nitrate during 1998, 1999, and 2000, in violation of 327 IAC 8-2-4.1(f).
B. Pursuant to 327 IAC 8-2-8(c), a noncommunity water supply system which serves at least twenty-five (25), but not more one thousand (1,000), persons must collect at least one (1) routine total coliform sample each calendar quarter. You failed to collect at least one (1) routine total coliform sample from the Water Bowl PWS system during the third quarter of 1998, the third quarter of 1999, and the third quarter of 2000, in violation of 327 IAC 8-2-8(c).
C. Pursuant to 327 IAC 8-2-15(d), the owner or operator of a noncommunity water supply system which fails to either perform monitoring or to comply with a testing procedure established by this rule, or which is subject to a variance or exemption under this rule, shall initially notify persons served by the system, by an appropriate method as outlined in this rule, within three (3) months after the violation occurs or the variance or exemption is granted. You failed to notify persons served by the Water Bowl PWS system of the nitrate monitoring violations during 1998, 1999, and 2000, in violation of 327 IAC 8-2-15(d).
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. 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.
Enclosed is an Agreed Order offered as settlement in this matter. No civil penalty is being proposed in this initial offer. If this Agreed Order is signed and returned to IDEM promptly, the violations cited herein will be considered resolved without the assessment of an up-front civil penalty.
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 Mr. Richard Deitsch at 317/233-1135 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: (Original signed 6/7/2001)
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement