VIA CERTIFIED MAIL # ____________________

To:    Perry Hochstetler, Owner    Glenn Hochstetler, Operator
    64039 Co. Rd. 37    1563 E Co. Rd. 1100N
    Goshen, IN 46256    Milford, IN 46542-9734

    Designated representative Steve Shafer of the Indiana Department of Environmental Management (IDEM) conducted an inspection on May 5, 1999 in response to a spill of animal manure. The manure, generated at the duck farm owned by Perry Hochstetler and operated by Glenn Hochstetler (located at 64039 Co Rd. 37, Goshen, Elkhart County, Indiana), was being land applied on property owned by Donald Bontrager, at 16805 Co. Rd. 22, Goshen, Elkhart County, Indiana ("the Site").

    During the above noted inspection you were found in violation of:

    a.    327 IAC 2-6.1-7, which states that: "Any person who operates, controls, or maintains any mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state, do the following:
            (1)Contain the spill, if possible, to prevent additional spilled material from entering the waters of the state.
            (2)Undertake or cause others to undertake activities needed to accomplish a spill response.
            (3)As soon as possible, but within two (2) hours of discovery, communicate a spill report to the Department of Environmental Management, Office of Environmental Response: Area Code 1-888-233- 7745 for in state calls (toll free), (317)233-7745 for out-of-state calls. If new or updated spill report information becomes known that indicates a

significant increase in the likelihood of damage to the waters of the state, the responsible party shall notify the department as soon as possible but within two (2) hours of the time the new or updated information becomes known.
            (4)Submit to the Department of Environmental Management, Office of Environmental Response, 2525 North Shadeland Avenue, P.O. Box 6015, Indianapolis, IN 46206-6015, a written copy of the spill report if requested in writing by the department.
            (5)Except from modes of transportation other than pipelines, exercise due diligence and document attempts to notify the following:
                (A)For spills to surface water that cause damage, the nearest affected downstream water user located within ten (10) miles of the spill and in the state of Indiana; and
                (B)For spills to soil outside the facility boundary, the affected property owner or owners, operator or operators, or occupant or occupants."
        This violation is based on the fact that during the above noted inspection, you caused or allowed the discharge of animal manure at the Site and failed to report the spill to IDEM.    

    b.    327 IAC 2-1-6(a)(1), which states: "The following are minimum water quality conditions:
        (1) 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:
         (A) that will settle to form putrescent or otherwise objectionable deposits;
         (B) that are in amounts sufficient to be unsightly or deleterious;
         (C) that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;
         (D) which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans;
             (i) to assure protection of aquatic life, concentrations of toxic substances shall not exceed the final acute value (FAV = 2 (AAC)) in the undiluted discharge or the acute aquatic criterion (AAC) outside the zone of initial dilutions or, if applicable, the zone of discharge-induced mixing;
             (AA) for certain substances, the AAC are established and set forth in Table 1 (which incorporates Table 2); and
             (BB) for substances for which an AAC is not specified in Table 1, or if in a different AAC can be scientifically justified based on new technological data or site-specific conditions concerning water quality characteristics or species present, an AAC can be calculated by the

commissioner using the procedures in section 8.2 of this rule; and
            (ii) this clause shall not apply to the chemical control of plants and animals when that control is performed in compliance with approval conditions specified by the Indiana department of natural resources as provided by IC 14-2-1; and
         (E) which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses."
        This violation is based on the fact that during the above noted inspection, you caused or allowed the discharge of animal manure at the Site.

    c.    327 IAC 5-2-2, which states: "Any discharge of pollutants into 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 the discharge." This violation is based on the fact that during the above noted inspections, you caused or allowed the discharge of animal manure at the Site.

    d.    IC 13-18-4-5, which states that: "A person may not:
            (1) throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or
            (2) cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters;
        any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under sections 1 and 3 of this chapter." This violation is based on the fact that during the above noted inspection, you caused or allowed the discharge of animal manure at the Site into an open ditch.

    e.    IC 13-30-2-1(1), which states that: "A person may not do any of the following: (1) 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:
            (A) the environment; or
            (B) any publicly owned treatment works;
        in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws." This violation is based on the fact that during the above noted inspection, you caused or allowed the discharge of animal manure at the Site into an open ditch.

        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.

    To discuss this matter further, please contact Jennifer Fajt at (317)233-3831 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent to you for review and signature.

                            FOR THE COMMISSIONER:

Date:________________                _________________________
                            Felicia Robinson George
                            Assistant Commissioner
                            Office of Enforcement

cc:    Elkhart County Health Department
    Elkhart County Solid Waste Management District
    G2A File
    http://www.ai.org/idem/

Converted by Andrew Scriven