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NOTICE OF VIOLATION
        
    Via Certified Mail#

To:    Largura, Inc.
    9608 Randolph Street
    Crown Point, Indiana 6307
    

Cause No. SW-408

    Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on July 20, 1999, Largura Inc. of Crown Point, Indiana, was in violation of the following environmental statutes, rules, your Wastewater Management Permit and Vehicle License.

    Pursuant to IC 13-30-2-1 (1), 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 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 on July 20, 1999, a septic tank vehicle owned by Largura Inc. dumped wastewater and a petroleum- based product into a manhole which is owned by Twin Lakes Utilities, in violation of 327 IAC 7- 2-5 (3), 327 IAC 7-3-3 (a), 327 IAC 7-4-5 (2), 327 IAC 7-4-5 (3)(D), 327 IAC 7-5-1 (a), and 327 IAC 7-5-2.

    Pursuant to 327 IAC 7-2-5 (3), all wastewater management permits shall be issued subject to the following conditions and such additional conditions as shall be stated on the permit: The permittee shall abide by this article (327 IAC 7) and any operations plan approved by the commissioner pursuant to 327 IAC 7-6-12. This violation is based on the fact that on July 20, 1999, a septic tank vehicle owned by Largura Inc. dumped wastewater and a petroleum- based product into a manhole owned by Twin Lakes Utilities.

    Pursuant to 327 IAC 7-3-3 (a), no health hazards, environmental degradation, or nuisance shall be created or maintained by the permit holder. Pumping, dumping or allowing the leakage or drainage of wastewater onto unauthorized premises, public thoroughfares, or into the waters of the state is prohibited. This violation is based on the fact that on July 20, 1999, a septic tank vehicle owned by Largura Inc. dumped wastewater and a petroleum- based product into a

manhole owned by Twin Lakes Utilities.

    Pursuant to 327 IAC 7_4-5 (2), all wastewater management vehicle licenses shall be issued subject to the following conditions and such additional conditions as shall be stated on the license: The vehicle shall be used only for those services authorized by the license and in compliance with any applicable restrictions or conditions stated on the license. This violation is based on the fact that on July 20, 1999, a septic tank vehicle owned by Largura Inc. dumped wastewater and a petroleum- based product into a manhole which is owned by Twin Lakes Utilities.

    Pursuant to 327 IAC 7-4-5 (3) (D), all wastewater management vehicle licenses shall be issued subject to the following conditions and such additional conditions as shall be stated on the license: The vehicle shall not be used for the transport of petroleum based products. This violation is based on the fact that on July 20, 1999, a septic tank vehicle owned by Largura Inc. dumped wastewater and a petroleum- based product into a manhole owned by Twin Lakes Utilities.

    Pursuant to 327 IAC 7-5-1 (a), all wastewater shall be disposed in compliance with this rule (327 IAC 7-5). This violation is based on the fact that on July 20, 1999, a septic tank vehicle owned by Largura Inc. dumped wastewater and a petroleum- based product into a manhole owned by Twin Lakes Utilities.

    Pursuant to 327 IAC 7-5-2, disposal may be by discharge into a public or municipal sewage collections system or sewage treatment facility which possesses a valid NPDES permit issued by the commissioner pursuant to 327 IAC 5, in accord with the following:

    (1)     The discharge point, method of discharge, and wastewater quality shall be in accordance with the requirements of the municipality or other entity accepting the wastewater.

    (2)     Wastewater shall not be disposed of through a municipal or public sewage treatment facility or sewerage system without prior written permission of the responsible local official.

This violation is based on the fact that on July 20, 1999, a septic tank vehicle owned by Largura Inc. dumped wastewater and a petroleum- based product into a manhole owned by Twin Lakes Utilities without prior approval.

    In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer 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.
    
    Entering into an Agreed Order will prevent the issuance of a Notice and 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 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 allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

    If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken 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 each violation.

    To discuss this matter further, please contact Brett E. DeBusk at 317-232-8410 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 for review and signature.

                            For the Commissioner:

                            
Date:    _______________                Signed on October 28, 1999
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement
cc:    Jim Fillipini, US EPA Region 5
    Lake County Health Department
    Twin Lakes Utilities
    Public File
    Enforcement File
    http://www.state.in.us/idem



bcc:    Nancy Holloran, Office of Legal Counsel
    Brett E. DeBusk, Office of Enforcement
    Dennis Lasiter, Land Application Section for OLQ
    Bob Lamprecht, Office of Land Quality
    Tom Sax, Office of Criminal Investigation
    Robert Keene, OLC

Converted by Andrew Scriven