STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT OF |
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ENVIRONMENTAL MANAGEMENT |
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COUNTY OF MARION |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2018-25367-D |
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Satellite Inn, Inc., |
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Respondent. |
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AGREED ORDER
Complainant
and Respondent desire to settle and compromise this action without hearing or
adjudication of any issue of fact or law, and consent to the entry of the
following Findings of Fact and Order. Pursuant to Indiana Code (IC) 13-30-3-3,
entry into the terms of this Agreed Order does not constitute an admission of
any violation contained herein. Respondent's entry into this Agreed Order shall
not constitute a waiver of any defense, legal or equitable, which Respondent
may have in any future administrative or judicial proceeding, except a
proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (Complainant)
of the Indiana Department of Environmental Management (IDEM), a department of
the State of Indiana created by IC 13-13-1-1.
2.
Satellite
Inn, Inc.
(Respondent) owns and operates a transient
non-community public water system (PWS) with PWSID No. IN2460154, serving 206
persons. The PWS is located at 603 Water Street, Union Mills, LaPorte County,
Indiana (the Site).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action pursuant to IC 13-30-3.
4.
Pursuant to IC 13-30-3 et seq., IDEM issued a
Notice of Violation via Certified Mail to:
Steve and Mary Blazek |
Satellite Inn, Inc. |
1701 5th Street |
LaPorte, IN 46350 |
5.
Pursuant to 327 Indiana Administrative Code
(IAC) 8-2, each PWS shall comply with all provisions of this rule.
6.
Pursuant
to 40 CFR 141.853(a), a PWS must develop a written site sampling plan that
identifies a sample collection schedule and sampling sites that are
representative of water throughout the distribution system not later than March
31, 2016. These plans are subject to State review and revision. Systems must
collect total coliform samples according to the written site sampling
plan. Monitoring required by 40 CFR
141.854 through 40 CFR 141.858 may take place on a customer’s premise,
dedicated sampling station, or other designated compliance sampling location.
Routine and repeat sample sites and any sampling points necessary to meet the
requirements of 40 CFR 141 Subpart S must be reflected in the site sampling
plan.
IDEM records indicate that Respondent
failed to submit a site sampling plan by March 31, 2016, and IDEM has not
received a site sampling plan from Respondent to date, in violation of 40 CFR
141.853(a).
7.
Pursuant to 327 IAC 8-2-4.1(f), all PWSs shall
monitor nitrate to determine compliance with the maximum contaminant level
(MCL) for nitrate.
IDEM records indicate that Respondent failed
to monitor for nitrate during the years of 2016 and 2017, in violation of 327
IAC 8-2-4.1(f).
8.
Pursuant to 327 IAC 8-2.1-7, the owner or operator of a PWS which fails to
perform monitoring is required to notify persons served by the PWS and the State within 10 days after the system
discovers the violation.
IDEM
records indicate that Respondent failed to notify persons served by the PWS and
the State of the failure to perform nitrate monitoring during 2016 and 2017,
each in violation of 327
IAC 8-2.1-7
9.
In recognition of the settlement reached,
Respondent waives any right to administrative and judicial review of this
Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective (Effective
Date) when it is adopted by Complainant or Complainant’s delegate (as evidenced
by signature), and the adopted Agreed Order has been received by Respondent.
This Agreed Order shall have no force or effect until the Effective Date. In
addition to addressing the violations cited in Paragraphs 6 through 8 of the Findings
of Fact above, this Agreed Order also addresses any additional violations of
these same rules that may have occurred subsequent to the issuance of the
Notice of Violation and prior to the Effective Date.
2.
Within 10 days of the Effective Date, Respondent
shall develop and submit to IDEM for review a site sampling plan which
identifies sampling sites and a sample collection schedule that are
representative of water throughout the distribution system. The site sampling
plan is subject to IDEM approval, in the event IDEM finds the site sampling
plan submitted by Respondent deficient, Respondent shall revise and resubmit
the plan, in accordance with IDEM’s notification(s).
Respondent, upon receipt of written
notification from IDEM, shall immediately implement the approved site sampling
plan, and collect all total coliform samples according to the approved written
plan.
3.
Respondent
shall, for the purposes of this Order, monitor nitrate at the entry point to
the distribution system that is representative of each well after treatment,
prior to April 2019.
It is
the responsibility of Respondent to continue sampling nitrate annually, pursuant
to 327 IAC 8-2-4.1(f).
4.
Within 10 days of becoming aware of a nitrate
MCL exceedance, Respondent shall submit notification to IDEM of the MCL
exceedance. Respondent shall complete all requirements to resolve the MCLs as
instructed by IDEM’s notification(s).
5.
Within 30 days
of the Effective Date, Respondent shall provide public notice, for the past nitrate
monitoring and reporting violations listed in Paragraph 8 of the Findings of
Facts above, by following these steps:
A.
Complete
attached public notice and Certification form for public notice.
B.
Post public
notice where the public has ready access for viewing, and for as long as the
violation persists, but in no case less than seven days, even if the violation
is resolved.
C.
Within 10 days
of issuing the public notice, Respondent shall send to IDEM a signed
Certification form for public notice and representative copy of the public
notice issued. The forms that address the past nitrate monitoring violations
accompany this Agreed Order.
6.
Immediately upon the Effective Date, for future monitoring and/or
reporting violations, Respondent shall provide public notice to the State
within 10 days and notify the public pursuant to 327 IAC
8-2.1-7(d)(4).
7.
Within
30 days of the Effective Date, Respondent shall update the enclosed “System
Basic Information Summary” document by either marking corrections or stating
that the information is accurate directly on the attached document. Once
completed, the document shall be submitted to the address in Order Paragraph 8.
8.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Brandi
Collignon, Enforcement Case Manager |
Office of
Water Quality – IGCN 1255 |
Indiana
Department of Environmental Management |
100 North
Senate Avenue |
Indianapolis,
IN 46204-2251 |
9.
Respondent is assessed and agrees to pay a
civil penalty of Four Hundred Ninety Dollars ($490). Said penalty amount shall
be due and payable to the “Environmental Management Special Fund” within 30
days of the Effective Date, the 30th day being a “Due Date.”
10.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
Paragraph: |
Violation: |
Stipulated
Penalty: |
2 |
Failure to
submit or modify the site sampling plan within the required time period. |
$100 per
week late, or part thereof. |
3 |
Failure to
monitor and report required sample. |
$350 per
sample missed. |
4 |
Failure to
comply with any part of this paragraph after a MCL exceedance. |
$400 per
week for violation of any part of this paragraph. |
5 |
Failure to
comply with any or all of the requirements of this paragraph. |
$300 per
week, or part thereof, past the 30-day deadline. |
6 |
If
applicable, failure to provide public
notice. |
$300 per
week, or part thereof. |
7 |
Failure to
submit the “System Basic Information Summary” document in the manner
specified. |
$100 per
week, or part thereof. |
11. Stipulated
penalties shall be due and payable no
later than the 30th day after Respondent receives written
notice that IDEM has determined a stipulated penalty is due, the 30th day being a “Due Date.”
IDEM may notify Respondent at any time that a stipulated penalty is due.
Failure to notify Respondent in writing in a timely manner of a stipulated
penalty assessment shall not waive IDEM’s right to collect such stipulated
penalty or preclude IDEM from seeking additional relief against Respondent for
violation of this Agreed Order. Neither assessment nor payment of stipulated penalties
shall preclude IDEM from seeking
additional relief against Respondent for a violation of this Agreed Order. Such additional relief includes any remedies or sanctions available
pursuant to Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
12. Civil and
stipulated penalties are payable by check to the “Environmental Management
Special Fund.” Checks shall include the Case Number 2018-25367-D, of this action and shall be
mailed to:
Office
of Legal Counsel |
Indianapolis
Department of Environmental Management |
IGCN,
Room N1307 |
100
North Senate Avenue |
Indianapolis,
IN 46204 |
13.
This Agreed Order shall apply to and be binding
upon Respondent, its successors and assigns. Respondent’s signatories to this
Agreed Order certify that they are fully authorized to execute this Agreed
Order and legally bind the party they represent. No change in ownership,
corporate, or partnership status of Respondent shall in any way alter its
status or responsibilities under this Agreed Order.
14.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance and any accrued interest at
the rate established by IC 24-4.6-1. The interest shall be computed as having
accrued from the Due Date until the date that Respondent pays any unpaid
balance. The interest shall continue to accrue on the first of each month until
the civil penalty and any interest accrued are paid in full. Such interest
shall be payable to the “Environmental Management Special Fund.” and shall be
payable to IDEM in the manner specified above.
15.
In the event that any terms of this Agreed
Order are found to be invalid, the remaining terms shall remain in full force
and effect and shall be construed and enforced as if this Agreed Order did not
contain the invalid terms.
16.
Respondent shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondent shall ensure that all contractors, firms and
other persons performing work under this Agreed Order comply with the terms of
this Agreed Order.
17.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed
Order, and IDEM’s review or approval of any submittal made by Respondent
pursuant to this Agreed Order, shall not in any way relieve Respondent of its
obligation to comply with the requirements of its applicable permits or any
applicable Federal or State law or regulation.
18.
Complainant does not, by his approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held liable for
any costs or penalties Respondent may incur as a result of Respondent’s efforts
to comply with this Agreed Order.
19.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the same
violations specified in the Notice of Violation.
20.
Nothing in this Agreed Order shall prevent IDEM
(or anyone acting on its behalf) from communicating with the United States
Environmental Protection Agency (US EPA) or any other agency or entity about
any matters relating to this enforcement action. IDEM or anyone acting on its
behalf shall not be held liable for any costs or penalties Respondent may incur
as a result of such communications with the US EPA or any other agency or
entity.
21.
This Agreed Order shall remain in effect until
Respondent has complied with the terms and conditions of this Agreed Order and
IDEM issues a Resolution of Case (close out) letter to Respondent.
TECHNICAL RECOMMENDATION: |
RESPONDENT: |
Department of Environmental Management |
Satellite
Inn, Inc. |
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By:__________________________ |
By:________________________ |
Samantha K. Groce, Chief |
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Water Enforcement Section |
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Surface
Water, Operations & |
Printed:_____________________ |
Enforcement
Branch |
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Office of
Water Quality |
Title:_______________________ |
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Date:________________________ |
Date:_______________________ |
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COUNSEL FOR RESPONDENT: |
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By:________________________ |
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Date:______________________ |
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APPROVED AND ADOPTED BY THE INDIANA
DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS ___________ DAY OF
________________, 20___. |
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For The Commissioner: |
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Signed on April 10, 2019 |
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Martha Clark Mettler |
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Assistant Commissioner |
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Office of Water Quality |