VIA CERTIFIED MAIL:    __________________________

To:    Mr. Kenny Wood, Owner
    Cedar Creek Mobile Home Park
    P.O. Box 363
    Lowell, IN 46356

    Based on record reviews conducted by IDEM, Cedar Creek Mobile Home Park 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.

    327 IAC 5-2-8(1) states, in substance, that the following condition applies to all NPDES permits and shall be incorporated into the permits either expressly or by reference:

    A record review for September 1994 through June 1995 indicated that Cedar Creek Mobile Home Park was in violation of NPDES permit final effluent limitations for:

    1.    Total Suspended Solids (TSS) for six (6) months from January 1995 to June 1995;

    2.    Biochemical Oxygen Demand, five day (BOD5) for three (3) months from January 1995 to May 1995; and
    
    3.    Total Residual Chlorine (TRC) for the month of October 1994.

    327 IAC 5-3-2(a)(2) states, in substance, that persons currently discharging pollutants under an existing NPDES permit shall submit a new application at least one hundred eighty (180) days prior to the expiration date of the existing permit, unless a later date is allowed by the Commissioner.

     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 0043893 became effective on September 1, 1990 and had an expiration date of June 30, 1995. Cedar Creek Mobile Home Park failed to submit an application for renewal of the Permit within the required 180 days prior to the Permit expiration date. Therefore, Cedar Creek Mobile Home Park has been operating its treatment facility without a valid NPDES permit since June 30, 1995. Accordingly, for the period extending from June 30, 1995 to the present, Cedar Creek Mobile Home Park 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

    327 IAC 5-2-8(1) and the Permit, as noted above. These violations are based on a record review for June 1995 through May 1997, which indicated that Cedar Creek Mobile Home Park was in violation of the Permit final limitations for:

        1.    Total Suspended Solids (TSS) for fifteen (15) months from July 1995 to May 1997;

        2.    Biochemical Oxygen Demand, five day (BOD5) for fifteen (15) months from July 1995 to May 1997; and
        
        3.    Total Residual Chlorine (TRC) for three (3) months from April 1996 to August 1996.

    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.

    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.    Cedar Creek Mobile Home Park 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 Martha E. Clark, Enforcement Case Manager at 317/232-8434 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 9/24/97 by:
                        David J. Hensel
                        Director
                        Office of Enforcement

cc:    Jim Filippini, Chief, Compliance Unit 2
        U.S. EPA, Region 5, Water Section
    Miami County Health Department

Converted by Andrew Scriven