VIA CERTIFIED MAIL                 VIA CERTIFIED MAIL
    _____________________                _____________________

To:    Town of Sunman                To:    Mr. John Campbell
    9792 East Dearborn Road                Town of Sunman Board Member
    Sunman, Indiana 47041                9792 East Dearborn Road
                                Sunman, Indiana 47041

    VIA CERTIFIED MAIL                 VIA CERTIFIED MAIL
    _____________________                _____________________

    Mr. Wayne Jenner                    Mr. Ron Knueven
    Town of Sunman Board President            Town of Sunman Board Member
    9792 East Dearborn Road                9792 East Dearborn Road
    Sunman, Indiana 47041                Sunman, Indiana 47041

NOTICE OF VIOLATION
    
Cause No. B-2414

    The Town of Sunman owns and operates a community public water supply (PWS), PWSID #5269005, located in Ripley County, Indiana. This PWS serves approximately 800 persons and uses ground water as their source of supply.

    Mr. Wayne Jenner is the Town of Sunman Board President, Mr. John Campbell and Mr. Ron Knueven are Town of Sunman Board Members. Hereinafter the Town of Sunman, Mr. Jenner, Mr. Campbell and Mr. Knueven are referred to as "Respondents".

    On September 20, 1998, the Respondents constructed 7,680 feet of 6 inch and 10 inch water main lines. The extension of the water mains were north on Highway 101, east on Schneider Road and west on County Road 100N. On October 6, 1998, IDEM Drinking Water Branch, Construction Permit Section received an application from Chaffee & Associates, Inc to construct the water main lines stated previously. These lines had been completely installed prior to IDEM receiving the application.

    On October 29, 1998, the Indiana Department of Environmental management (IDEM) received information that the Respondents installed the above noted water mains commenced without the submittal of a construction permit application by the Respondents to IDEM. The

Respondents were informed by the Town of Sunman Utilities Superintendent, that installation of the water main lines was in violation of State rules and statutes. The Respondents had knowledge of, and authorized the commencement of, construction of the aforementioned water mains contrary to the Superintendent's advice and in violation of the following provisions of the Indiana Administrative Code (IAC) and Indiana Code (IC):

    327 IAC 8-3-2 Permits for construction of public water supplies states, in part:

    (a)    No person shall cause or allow the construction, installation, or modification of any facility, equipment, or device for any public water supply without having a valid construction permit issued therefor by the commissioner.

     IC 13-18-16-1 Public Water Supplies - Construction Permit Requirement

    (a)    A permit is required for the construction, installation, or modification of:

        (1)    sources;
        (2)    facilities;
        (3)    equipment; or
        (4)    devices; of a public water supply, including water distribution systems.

    (b)    Plans and specifications for the construction, installation, or modification of sources, facilities, equipment, or devices of a public water supply must be submitted to the commissioner with a permit application. The plans and specifications must be complete and of sufficient detail to show all proposed construction changes, or modifications that may affect the sanitary quality, chemical quality, or adequacy of the public water supply involved. The applicant shall supply any additional data or material considered appropriate by the commissioner to a review of the plans and specifications.

    (c)    Unless otherwise provided in the rules adopted under section 8(b) of this chapter, plans and specifications must be submitted to the commissioner with the permit application for water distribution systems.

    (d)    Construction, installation, or modification of a public water supply may not begin until the commissioner has issued a permit under subsection (a).

    (e)    In determining whether to issue a permit under this section, the commissioner shall proceed under IC 13-15.

    IC 13-18-11-14 states in substance, that it shall be unlawful for any person, firm or corporation, both municipal and private, to operate a water or wastewater treatment plant or a water distribution system unless the operator in responsible charge is duly certified to by the commissioner under the provisions of this chapter. Furthermore, it shall be unlawful for any person to perform the duties of an operator in responsible charge of such works as defined herein without being duly certified under the provisions of this chapter.

    On or about September 20, 1998, the Sunman Utilities Superintendent and Utility Certified Operator resigned from their positions with the Town. The Town has not hired a new certified operator and told the previous Superintendent that they do not intend to do so, in violation of IC 13-18-11-14.

    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 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.

    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.