VIA CERTIFIED MAIL:    __________________________

VIA CERTIFIED MAIL:    __________________________

To:    Mr. Jerry Jewel, Regional Manager        Liberty Farm Limited Partnership
    Sun Communities                Manager, Liberty Farms Mobile Home Park
    31700 Middle Belt                76 East U.S. Highway 6
    Farmington Hills, MI 48334            Valparaiso, In 46383

    Based on IDEM inspections conducted on May 28, October 23, 1996 and March 31, 1997, and associated record reviews conducted by IDEM, Liberty Farms has been found in violation of the following provisions of the Indiana Code (IC), the Indiana Administrative Code (IAC) and the Permit:

    IC 13-30-2-1 states, in substance, 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.

    1.    The permittee must comply with all terms and conditions of the NPDES permit. Any permit non-compliance constitutes a violation of the Clean Water Act (CWA) and the Environmental Management Act (EMA) and is grounds for enforcement action;

    2.    The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit;

    3.    The permittee shall at all times maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for collection and treatment which are installed or used by the permittee and which are necessary for achieving compliance with the terms and conditions of the permit;

    4.    The permittee shall comply with monitoring, recording, and reporting requirements established in accordance with 327 IAC 5-2-13, 327 IAC 5-2-14, and 327
        IAC 5-2-15.

    Part II. A. 1. of the Permit states, in part, "All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant more frequently than, or at a level in excess of, that identified and authorized by this permit shall constitute a violation of the terms and conditions of this permit. Such a violation may result in the imposition of civil and/or criminal penalties as provided for in Chapter 13 of the Environmental Management Act."

    A record review for January 1994 through January 1995 indicated that the Respondent was in violation of NPDES permit final effluent limitations for:

    1.    Total Suspended Solids (TSS) for the month of August 1994;

    2.    Dissolved Oxygen (DO) for the month of July 1994;
    
    3.    Total Residual Chlorine (TRC) for the months of April, May, July, August, September, and October, 1994;

    4.    Total Phosphorus, percent removal for the months of January and February 1994; and

    5.    Total Ammonia, Nitrogen for the month of August 1994.
    

     The Permit states that in order to receive authorization to discharge beyond the date of expiration, the permittee shall submit such information and forms as are required by the Indiana Department of Environmental Management no later than 180 days prior to the date of
expiration.

     The Permit IN 0038709 became effective on April 1, 1990, and had an expiration date of January 31, 1995. The Respondent failed to submit an application for renewal of the permit within the required 180 days prior to the permit expiration date. Therefore, the Respondent has been operating its treatment facility without a valid NPDES permit since January 31, 1995. Accordingly, for the period extending from January 31, 1995 to the present, the Respondent has been in violation of one, but not both, of the following sets of standards:

    IC 13-30-2-1 and 327 IAC 5-2-2 which state, in substance, that any discharge of
pollutants into the waters of the state as a point source discharge, except for exclusions made in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit obtained prior to discharge.

    327 IAC 2-1-6(a)(1) which states, in substance, that all 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:

    1.    that will settle to form putrescent or otherwise objectionable deposits;

    2.    that are in amounts sufficient to be unsightly or deleterious;
    
    3.    that produce color, odor or other conditions in such degree as to create a nuisance;
    
    4.    which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans;

    5.    which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such degrees as to create a nuisance, be unsightly, or otherwise impair the designated uses.

     OR

    1.    Total Suspended Solids (TSS) for the months of October 1995, January, April and May 1996;

    2.    Dissolved Oxygen (DO) for the months of March, April and August 1996;

    3.    Total Residual Chlorine (TRC) for the months of April, May, June and August 1995, April, July, and September 1996;

    4.    Total Ammonia, Nitrogen for the months of February, May, and November 1995, January, February, March, April, May, August and October 1996; and

    5.    Biochemical Oxygen Demand, five day (BOD5) for the month of November 1995.

    In addition, Part II. A. 5 of the Permit states, in part, that all waste collection, control, treatment, and disposal facilities shall be operated in a manner consistent with the following:

    1.    at all times, all facilities shall be operated as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants.

    2.    the permittee shall provide an adequate operating staff which is duly qualified to carry out the operation, maintenance, and testing functions required to insure compliance with the conditions of this permit.

    The Respondent has continued to have Operation and Maintenance (O&M) problems that were noted in IDEM inspection reports, including November 30, 1995, May 28 and October 23, 1996 and March 31, 1997. This is in violation of 327 IAC 5-2-8 and Part II. A. 5 of the Permit.

    The following areas were rated less than satisfactory on one or more of the listed inspections:
            1. Operation & Maintenance
            2. Self-Monitoring Program
            3. Sludge Disposal

    In accordance with IC 13-30-3-3, the Commissioner is required to notify Liberty Farms in writing that he believes a violation exists and offer Liberty Farms 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.

    The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued or the filing of a civil action under 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.

    Please contact Terri Van Zant, Enforcement Case Manager at 317/232-8408 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 on August 19, 1997
                        David J. Hensel
                        Director
                        Office of Enforcement

cc:    U.S. EPA, Region 5, Water Section
    Porter County Health Department

Converted by Andrew Scriven