STATE OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. Crossroads Christian church of west lafayette, inc., 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.
Respondent owns and/or operates the Crossroads
Christian Church, with a transient non-community public water system (PWS) with
PWSID No. IN2790004, serving 123 persons. The PWS is located at 6435 State Road
43 North, West Lafayette, Tippecanoe County, Indiana.
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:
David Nance, Registered Agent and
Incorporator |
Crossroads Christian Church of West
Lafayette, Inc. |
6435 State Road 43 North |
West Lafayette, IN, 47906 |
5.
327 Indiana Administrative Code (IAC) 8-2-2
states that each PWS shall comply with all provisions of this rule and 327 IAC
8-2.1.
6.
Pursuant
to the Revised Total Coliform Rule at 327 IAC 8-2.4-1, 40 Code of Federal
Regulations (CFR) 141, Subpart Y is incorporated by reference.
7.
Pursuant
to 40 CFR 141.854(b), a non-community PWS using ground water only and serving
1,000 or fewer people must monitor for total coliform each calendar quarter
that the system provides water to the public.
Pursuant to 40 CFR 141.854(f), a system on quarterly or
annual monitoring that experiences any of the events identified in paragraphs
(f)(1) through (f)(4) of this section must begin monthly monitoring the month
following the event. The system must continue monthly or quarterly monitoring
until the requirements in paragraph (g) of this section for quarterly monitoring
or paragraph (h) of this section for annual monitoring are met.
Pursuant to 40 CFR 141.860(c)(1),
failure to take every required routine or additional routine sample in a
compliance period is a monitoring violation.
Respondent was required to begin monthly monitoring for
total coliform in April 2017. IDEM
records indicate Respondent failed to monitor at least one total coliform
sample from the PWS during the months of June, July, August, September, and Decemeber 2018; and January, February, and July 2019, in
violation of 40 CFR 141.854(f) and 40 CFR 141.860(c)(1).
8.
Pursuant
to 40 CFR 141.402(a)(2) and 327 IAC 8-2.3-4(a)(2), a ground water system must
collect, within 24 hours of notification of the total coliform-positive sample,
at least one ground water source sample from each ground water source in use at
the time the total coliform-positive sample was collected.
IDEM
records indicate Respondent failed to take at least one ground water source
sample after the total coliform-positive sample on February 11, 2018 and June
23, 2019, in violation of 40 CFR 141.402(a)(2).
9. Pursuant to 40 CFR 141.858(a)(1), if a sample taken under 40 CFR 141.854 through 141.857
is total coliform-positive, the system must collect a set of repeat samples
within 24 hours of being notified of the positive result. The system must
collect no fewer than three repeat samples for each total coliform-positive
sample found.
IDEM
records indicate Respondent failed to take every required repeat sample, a
Level 1 treatment technique trigger, after the total coliform-positive sample
on June 23, 2019, in violation of 40 CFR 141.858(a)(1).
Pursuant
to 40 CFR 141.859(b)(3), PWS must conduct a Level 1 assessment consistent with
State requirements if the system exceeds one of the treatment technique
triggers in 40 CFR 141.859(a)(1).
IDEM
records indicate Respondent had two or more total coliform-positive samples, a
Level 1 treatment technique trigger, in the month of May 2019.
10.
Pursuant
to 40 CFR 141.859(a)(2)(i) and (ii), a PWS must conduct
a Level 2 assessment in accordance with paragraph (b) of this section if the
system has an E. coli Maximum Contaminant Level (MCL) (use (MCL) if used prior
to this paragraph) violation or has a second Level 1 trigger within a
twelve-month rolling period.
Pursuant
to 40 CFR 141.859(b)(4), a PWS must conduct a Level 2 assessment, completed by
the State or by a party approved by the State, consistent with State
requirements, if the system exceeds one of the treatment technique triggers in
40 CFR 141.859(a)(2).
Pursuant
to 40 CFR 141.859(b)(4)(i), the system must submit
the completed Level 2 assessment form to the State within 30 days after the
system learns that it has exceeded a trigger.
IDEM
records indicate Respondent had a second Level 1 trigger within a 12-month
rolling period, on June 23, 2019, a Level 2 treatment technique trigger,
pursuant to 40 CFR 141.859(a)(2)(ii).
Respondent
failed to complete and submit the Level 2 Assessment form within 30 days after
the system learned that it had exceeded a trigger, in violation of 40 CFR
141.859(b)(4)(i).
11.
Pursuant
to 40 CFR 141.861(a)(4), a system that has failed to comply with a coliform and
ground water source monitoring requirement must report the monitoring violation
to the State within 10 days after the system discovers the violation, and
notify the public in accordance with 40 CFR 141 subpart Q.
Pursuant to 327 IAC 8-2.1-7, owners or operators of a PWS
must give public notice for failure to perform water quality monitoring, as
required by drinking water regulations.
IDEM records indicate that Respondent:
a.
failed
to notify persons served by the PWS of the failure to monitor at least one
total coliform sample from the PWS for the months of June, July, August,
September, and Decemeber 2018; and January, February,
and July 2019 each in violation of 40
CFR141.861(a)(4) and 327 IAC 8-2.1-7;
b.
failed
to notify the public after the failure to collect at least one ground water
source sample from each ground water source in use at the time of the total
coliform-positive sample on February 11, 2018 and June 23, 2019, in violation
of 40 CFR 141.861(a)(4), and 327 IAC 8-2.1-7;
12. Orders of the Commissioner are subject
to administrative review by the Office of Environmental Adjudication under IC
4-21.5; however, in recognition of the settlement reached, Respondent
acknowledges notice of this right and 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 7 through 11
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. Beginning immediately upon the Effective
Date, Respondent shall, for the purposes of this Order, monitor and report at
least one total coliform sample in the PWS per month for six (6) consecutive
months of operation (Compliance Demonstration). During the Compliance Demonstration
period, Respondent shall be subject to stipulated penalties.
It is the responsibility of Respondent
to continue monitoring for total coliform monthly pursuant to 40 CFR 141.854(f).
3. If the results of any sample for total
coliform required by Order Paragraph 2 indicate a positive result, the
following actions shall be taken:
A. Further analyze the positive sample for E.
coli; and
B. Contact Sandra Decastro, IDEM’s Compliance
Section, Drinking Water
Branch, immediately at (317) 234-7444,
for further instructions, and complete all requirements as instructed.
Respondent
shall be subject to stipulated penalties for failure to complete any
requirements in accordance with IDEM’s notification(s), following a Maximum
Contaminant Level (MCL) exceedance.
4.
Within
30 days of the Effective Date, Respondent shall collect at least one ground
water source sample from each ground water source in use at the time of the
total coliform-positive sample.
5.
Within 30 days of the Effective Date,
Respondent shall provide public notice, for the past total coliform and ground
water source monitoring violations listed in Paragraph 10 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 total coliform monitoring violations accompany this Agreed Order.
Within 30 days of
the Effective Date, Respondent shall complete a Level 2 assessment consistent
with IDEM requirements, and submit the completed assessment form to IDEM, which
identifies any sanitary defects detected, corrective actions completed, and a
proposed timetable for any corrective actions not already completed. In the
event IDEM determines that the assessment is not sufficient, Respondent shall
submit a revised assessment form to IDEM in accordance with IDEM’s
notification.
Respondent shall
complete all corrective actions in accordance with the proposed timetable.
Immediately upon
the Effective Date, for future monitoring violations, Respondent shall provide
public notice to the State within 10 days and notify the public pursuant to 40
CFR 141.861(a)(4) and 327
IAC 8-2.1-7.
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 9.
6.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Delaney Isaacs, Enforcement Case Manager |
Office of Water Quality – IGCN 1255 |
Indiana Department of Environmental Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
7.
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 monitor and report required
samples. |
$250 per
violation. |
3 |
Failure to
comply with any or all of the requirements of this paragraph. |
$300 per
week for violation of any part of this requirement. |
4 |
Failure to
collect ground water source sample. |
$300 per
sample missed. |
5 |
Failure to
comply with any or all of the requirements of this paragraph. |
$250 per
week, or part thereof, past the 30-day deadline. |
6 |
Failure to
complete the Level 2 assessment and/or submit the form to IDEM within the
time frame given |
$250 per
week, or part thereof. |
6 |
Failure to
complete corrective actions for sanitary defects in accordance with the
proposed timetable. |
$300 per
corrective action. |
7 |
If
applicable, failure to provide public notice |
$250 per
week late, or part thereof. |
8 |
Failure to
submit the “System Basic Information Summary” document in the manner
specified. |
$100 per
week, or part thereof. |
8.
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.
9.
Penalties are payable by check to the
“Environmental Management Special Fund.” Checks shall include the Case Number 2019-26316-D,
of this action and shall be mailed to:
Indiana Department of Environmental
Management |
Accounts Receivable |
IGCN, Room 1340 |
100
North Senate Avenue |
Indianapolis, IN 46204 |
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
Department of Environmental Management |
Crossroads Christian Church of West
Lafayette, 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 October 23, 2019 |
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Martha Clark Mettler |
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Assistant Commissioner |
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Office of Water Quality |