VIA CERTIFIED MAIL #
NOTICE OF VIOLATION
To: Laird Davis and Lewis Riecken
Creekside Mobile Park, Inc.
610 East Grant St.
Mount Vernon, Indiana 47620
Designated representatives of the Indiana Department of Environmental Management
(IDEM) have conducted a record review of the Creekside Mobile Court, PWSID #5265002, located
in Mount Vernon, Posey County, Indiana. The Creekside Mobile Court is a community public water
supply owned and operated by Creekside Mobile Park, Inc.
327 IAC 8-2-37 requires, in part, that each community and nontransient noncommunity
public water supply monitor for lead. In accordance with 327 IAC 8-2-36(c), a public water supply
exceeds the lead action level under the following conditions:
a. if the public water supply serves 100 or more people and the concentration of lead
in more than 10% of the collected samples is greater than 0.015 milligrams per liter,
or
b. if the public water supply serves fewer than 100 people, collects 5 lead samples in
the monitoring period, and the average of the two samples with the highest lead
concentrations is greater than 0.015 milligrams per liter.
The following rules apply to any community or nontransient noncommunity public water
supply that exceeds the lead action level:
1. 327 IAC 8-2-38 states, in part, that public water supplies serving 50,000 or
fewer people that exceed the lead action level shall monitor the following
water quality parameters (WQPs) during the monitoring period in which the
lead action level was exceeded:
a. pH;
Each affected system shall monitor the WQPs by collecting samples as
follows:
3. 327 IAC 8-2-40(e) states, in part, that all public water supplies serving
50,000 or fewer people that exceed the lead action level shall recommend
optimal corrosion control treatment within six months after exceeding the
lead action level.
4. 327 IAC 8-2-44 states, in part, that all public water supplies shall distribute
the public education materials contained in the rule within 60 days of
exceeding the lead action level.
5. 327 IAC 8-2-15(d) states, in substance, that the owner or operator of any
public water supply that fails to perform any monitoring required under 327
IAC 8-2 shall notify the people served by the system of that failure.
The Creekside Mobile Court exceeded the lead action level during the monitoring period
from June 1, 1996, to September 30, 1996. Therefore, the Creekside Mobile Court falls under the
applicability requirements of 327 IAC 8-2-38, 327 IAC 8-2-39, 327 IAC 8-2-40(e), and 327 IAC 8-
2-44.
Based on the record review conducted by IDEM, the Creekside Mobile Court was found to
be in violation of the following:
1. the failure to collect the required WQP samples during the monitoring period
in which the lead action level was exceeded, in violation of 327 IAC 8-2-38;
2. the failure to collect one source water lead sample from each entry point into
the distribution system within six months after exceeding the lead action
level, in violation of 327 IAC 8-2-39;
3. the failure to recommend optimal corrosion control treatment within six
months after exceeding the lead action level, in violation of 327 IAC 8-2-
40(e); and
4. the failure to notify the people served by the system of the failures to monitor
the WQPs during the monitoring period in which the lead action level was
exceeded and to collect source water lead samples within six months after
exceeding the lead action level, in violation of 327 IAC 8-2-15(d).
In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that
the Commissioner 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 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.
Please contact Chad Pigg at 317/233-1135 within 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 address
listed in the letterhead within the 60-day settlement period.
FOR THE COMMISSIONER:
Date: Signed 11-05-98
cc: U.S. EPA Region V, Drinking Water Section
Converted by Andrew Scriven
b. alkalinity;
c. orthophosphate, when an inhibitor containing phosphate is
used;
d. silica, when an inhibitor containing a silica compound is used;
e. calcium;
f. conductivity; and
g. water temperature.
System Size
(Number of
People Served)
Number of
Samples per
WQP per Each
Entry Point
Number of
Distribution
System Taps to
be Sampled
Number of
Samples per
WQP per
System Tap
25 to 500
2
1
2
501 to 3,300
2
2
2
2. 327 IAC 8-2-39 states, in part, that all public water supplies that exceed the
lead action level shall collect one source water lead sample from each entry
point into the distribution system within six months after the lead action level
has been exceeded.
Felicia Robinson George
Assistant Commissioner of Enforcement
Posey County Health Department