VIA CERTIFIED MAIL:

    Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted inspections and record reviews of the Sand Acres confined feeding facility located at the intersection of County Roads 750 North and 350 East near Cortland, Jackson County, Indiana, and the Jen Acres confined feeding facility located at1895 East County Road 200 North near North Vernon, Jennings County, Indiana. Both facilities are owned and operated by Rose Acre Farms, Inc.

    Based on the inspections and record reviews conducted by the IDEM, Rose Acre Farms' was found to be in violation of the provisions of the Indiana Code (IC) and Indiana Administrative Code (IAC) listed below.

    IC 13-18-4-5 substantively states that a person may not:

         throw, run, drain, or otherwise dispose into any waters of the state; or

         cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters of the state;

any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule adopted by the water pollution control board.

    IC 13-30-2-1 substantively prohibits any person from discharging, emitting, causing, allowing, or threatening 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 of would cause pollution which violates

rules, standards, or discharge of emission requirements adopted by the appropriate board pursuant to this article.
    
    327 IAC 2-1-6(a)(1) substantively states 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:

         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; or

         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.
    
    327 IAC 5-2-2 substantively states that any point source discharge of pollutants into waters of the state, except those as excluded in 327 IAC 5-2-4, are prohibited unless in accordance with a valid NPDES permit issued prior to the discharge.
    
                                            

    On February 10, 1998, representatives from IDEM, Indiana Department of Natural Resources (IDNR), and the Jackson County Health Department (JCHD) conducted an inspection at the Sand Acres facility and discovered that a pool of black water had been discharged into Walker Ditch, located across the road from Sand Acres facility. During this inspection, it was observed that Sand Acres had stock piled a large amount of poultry waste outside which was exposed to rain events and surface water run- off. Because of the recent rain events, the stockpile became saturated and washed contaminants to a culvert that discharged to Walker Ditch. Walker Ditch is a tributary to the White River.

    On February 11, 1998, IDEM's Emergency Response Section took water samples from Walker's Ditch which were submitted to Indiana Department of Health laboratory for analysis. In addition to the water samples, a field ammonia nitrogen test was taken which tested positive for nitrogen ammonia and showed a level of over 8 ppm. Based on the samples collected on February 11, 1998, IDEM representatives determined that the poultry waste stockpile located at the Sand Acres facility had discharged contaminants to Walker's Ditch, in violation of IC 13-18-4-5, IC 13-30-2-1, 327 IAC 2-1-6(a)(1), and 327 IAC 5-2-2.

    On October 21, 1998, IDEM's Emergency Response Section conducted a follow-up visit and noted that a honey wagon was at the site removing product from the drainage ditch and the site. During this visit, IDEM's representative collected water samples and submitted them to Indiana State Department of Health. The sample results indicated that there was a high level of ammonia- nitrogen at the site.

    Based on the samples collected on October 20 and 21, 1998, it was determined that poultry waste from the Jen Acres facility was being discharged into an open drainage ditch, in violation of IC 13-18-4-5, IC 13-30-2-1, 327 IAC 2-1-6(a)(1), and 327 IAC 5-2-2.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes these violations exist 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 60 days.

    If settlement is not reached within 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 for any violation.

    Entering into an Agreed Order will prevent the issuance of an 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 timely 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 give you the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the violation occurred.

                            FOR THE COMMISSIONER:

Date:             
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

cc:    U.S. EPA Region V, Water Section
    Jackson County Health Department
    Jennings County Health Department