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VIA CERTIFIED MAIL: ____________________

NOTICE OF VIOLATION

To:    Mr. Donald Mathas, President
    Debron, Inc. d/b/a Liverpool Septic and Sewer
    1128 Marquette Road
    Lake Station, Indiana 46404

Cause No. B-1854

    Designated representative(s) of the Indiana Department of Environmental Management ("IDEM") conducted a survey of business activities related to Liverpool Septic & Sewer ("Liverpool"), located at 1128 Marquette Road, Lake Station, Lake County, Indiana. Liverpool operates under Wastewater Management Permit No. 112, which expired February 28, 1996. An application for renewal was received on March 1, 1996 and the permit was reissued on May, 8 1996.

    Based on the above noted review you were found in violation of the following Indiana Code (IC) and Indiana Administrative Code (IAC) sections:

    IC 13-30-2-1 (1) states that "a person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violates rules, standards, or discharge of emission requirements adopted by the appropriate board pursuant to this article."

    IC 13-18-12-2(d) states, in substance, that no person may dispose of wastewater by land application without first obtaining approval of the land application site under this chapter.

    327 IAC 7-6-1 states that, "No person engaged in the business or activity of wastewater management shall dispose of wastewater on the land without a valid approval issued by the commissioner, except as allowed under 327 IAC 7-6-11."

    327 IAC 7-5-1 states, in part, that, "All wastewater shall be disposed in compliance with this rule (327 IAC 7-5)." The methods of disposal include:

        a. Discharge at public sewage treatment facilities;
        b. Discharge into a treatment facility;
        c. Disposal at sanitary landfills;
        d. Discharge to storage facilities;
        e. Land Application
    
    327 IAC 7-3-3 states in part, "No health hazards, environmental degradation, or nuisance shall be created or maintained by the permit holder.

    (a) Pumping, dumping, or allowing the leakage or drainage of wastewater onto unauthorized premises, public thoroughfares, or into the waters of the state is prohibited.
    (b) Any spillage of wastewater onto the ground surface or public thoroughfares shall be immediately removed."

    On March 5, 1995, Mr. Ronald Crosley, a driver and employee for Liverpool, dumped 50 to 100 gallons of sewage into a wooded area behind Dunes Electric located in Porter County Indiana. A valid land application approval had not been issued by the Commissioner, to the area to which the sewage was applied, in violation of IC 13-30-2-1(1), IC 13-18-12-2(d), 327 IAC 7- 6-1, 327 IAC 7-5-1 and 327 IAC 7-3-3.

    327 IAC 7-4-1 states, "No vehicle shall be used to service sewage disposal systems or transport wastewater without a valid license issued in accordance with this article."

    On December 2, 1996, the licensed vehicle (No. 45-009) owned and operated by the Respondent reportedly blew its pump on the premises of the South Haven Sewer Works Wastewater Treatment Plant (WWTP). The South Haven Sewer Works WWTP reported that the Respondent's unlicensed vehicle was used in hauling wastewater to the South Haven WWTP on December 3, 5, 7 and 9, 1996, in violation of 327 IAC 7-4-1.

    On December 5, 1996, a Code Enforcement Officer for the city of Lake Station found two pits at the location of the Respondent's place of business. The pits had been dug by the Respondent, and used to dump wastewater, in violation of IC 13-30-2-1(1), IC 13-18-12-2(d), 327 IAC 7-5-1 and 327 IAC 7-3-3.
    
    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that he believes a violation exists and offer you 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.


    If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take 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 of any violation.

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13- 14-10 or IC 13-14-2-6. Advantages of entering into an Agreed Order are:

    1.    You may not be required to admit that any violation occurred.

    2.    The civil penalty may be less than that imposed under an Order of the Commissioner.

    To discuss this matter further, please contact Terri Van Zant at 317/232-8408 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 to you for review and signature..

                            For the Commissioner:

Date:    ____________________             Signed 1/29/97
                            Patrick Carroll
                            Director
                            Office of Enforcement

cc:    Jim Filippini, Chief
     Compliance Section II,
     U.S. EPA Region V
    Porter County Health Department
    Lake County Health Department
    David L. Hollenbeck
        Blachly, Tabor, Bozik & Hartman

Converted by Andrew Scriven