STATE
OF INDIANA |
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BEFORE
THE INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. JIM
HINDS DBA BIG MAPLE MOBILE HOME PARK, 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.
Jim
Hinds dba Big Maple Mobile Home Park (Respondent)
owns and/or operates community
public water system (PWS) with PWSID No. IN5229003, serving 37 persons. The PWS
is located at 12591 Strawtown
Avenue, Noblesville, Hamilton County, Indiana (the Site).
3.
A Community Water System (CWS) as
defined by 327 Indiana Administrative Code (IAC) 8-2-1(12) is a PWS that serves
at least fifteen (15) service connections used by year-round residents or
regularly serves at least twenty-five (25) year-round residents.
4.
IDEM has jurisdiction over the
parties and the subject matter of this action pursuant to IC 13-30-3.
5.
Pursuant to IC 13-30-3 et seq., IDEM
issued a Notice of Violation via Certified Mail to:
Mr. Jim Hinds |
Big Maple Mobile Home Park |
20891 #2 Wildcat Run Drive |
Estero, FL 33928 |
6.
327 IAC 8-2-2 states that each PWS
shall comply with all provisions of this rule and 327 IAC 8-2.1.
7.
Pursuant to IC 13-18-11-11(a), all
water or wastewater treatment plants and water distribution systems, whether publically or privately owned, must be under the
supervision of an operator whose competency is certified by the commissioner in
a classification corresponding to the classification of the plant or
distribution system to be supervised.
Pursuant
to 327 IAC 8-12-1.1, the owner or governing body of a water treatment plant or
water distribution system shall be responsible to accomplish the following:
(1) Place each water
treatment facility and water distribution system under the direct supervision
of a certified operator in responsible charge who:
a. Has a valid
certification of a grade eligible for operation at the classification of water
treatment facility or water distribution system of responsibility; and
b. Is available to make process control or system integrity
decisions about water quality or quantity that affect public health.
(2) Designate one (1)
certified operator to have complete responsibility for the proper operation of
the water treatment plant or water distribution system.
(3) Assure that a
minimum of one (1) operator certified according to this rule must be available
for each operating shift.
(4) Notify the
commissioner of the name of the person designated according to subdivision (1)
to be the certified operator in responsible charge.
(5) Submit written
notice to the commissioner no later than 30 days after the occurrence of one
(1) of the following:
a. A change in the
person serving as the certified operator in responsible charge.
b. A change in
conditions or circumstances that were used as the basis for the original
classification of the water treatment plant or water distribution system.
IDEM
records indicate Respondent’s designated certified operator’s license expired
on June 30, 2017. Respondent failed to appoint a competent certified operator
in responsible charge to operate and maintain the plant or distribution system,
and failed to submit written notice to the commissioner within 30 days after
the operator’s license expired, in violation of IC 13-18-11-11(a) and 327 IAC
8-12-1.1.
8.
Pursuant to 327 IAC
8-4.1-16(a)(2)(C), Phase II Wellhead Protection Plan (WHPP) materials must be
submitted within ten (10) years after IDEM approval of Phase I material for
small CWS.
IDEM
records indicate that on April 8, 2008, IDEM formally reviewed and approved
Respondent’s Phase I WHPP for its CWS. The records further indicate that
Respondent did not submit a Phase II WHPP by April 8, 2018, as indicated in the
Phase I approval letter. To date, IDEM
has not received a Phase II WHPP from Respondent, in violation of 327 IAC
8-4.1-16(a)(2)(C).
9.
Pursuant
to 327 IAC 8-2-44(d), a water system shall deliver a consumer notice of lead
tap water monitoring results to persons served by the water system at sites
that are tested. A water system shall provide the consumer notification as soon
as practical but, not later than 30 days after the system learns of the lead
tap water monitoring results.
IDEM
records indicate that Respondent failed to provide a consumer notification to
persons served at the tap tested for lead in 2018, in violation of 327 IAC
8-2-44(d).
10.
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 9
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
30 days of the Effective Date, Respondent shall appoint a competent certified
operator in responsible charge with a valid certification of a class appropriate
for the plant or distribution system and submit documentation to IDEM. The
documentation shall include the certified operator’s name, a copy of their
operator’s license, their contact information, and the effective date of the
change in operator.
3.
Within
60 days of the Effective Date, Respondent shall submit to IDEM the material
required by Indiana's Wellhead Protection Rule, 327 IAC 8-4.1-9, for the Phase
II WHPP. Respondent shall develop and submit the Phase II WHPP materials that
contain the following core elements:
1. Comprehensive WHPP.
2. Updated schedule of implementation.
3. Updated wellhead protection area (WHPA), considering new
data if any.
4. Updated potential sources of contamination inventory.
5. Report of any problems or concerns regarding WHPP.
6. Contingency plan revisions (if needed).
7. Documentation to confirm:
A. Sanitary Setback Area meets
requirements.
B. Abandoned wells are identified.
C. Wellhead is secured from
unauthorized access.
D. All potential sources of
contamination within the WHPA are managed.
E. Public education is ongoing.
F. Any new ground water
contamination within the WHPA is reported.
4.
Within
30 days of the Effective Date, Respondent shall deliver the Consumer Notice of
Lead Results in Drinking Water form (attached) to persons served by the water
system at the specific sites that were tested in 2018.
5.
Within
10 days of issuing the 2018 Consumer Notice of Lead Results in Drinking Water
form to persons served by the PWS, Respondent shall send to IDEM a signed
Certification Form for Consumer Notice of Lead Results (attached).
6. 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 7.
7.
All submittals required by this
Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall
be sent to:
Grant Chaddock, Enforcement Case
Manager |
Office of Water Quality – IGCN 1255 |
Indiana Department of
Environmental Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
8.
Respondent is assessed and agrees to
pay a civil penalty of Sixteen Thousand, Seven Hundred Fifty Dollars ($16,750).
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.”
9.
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 appoint a competent
certified operator. |
$500 per week, or part thereof. |
2 |
Failure to submit a written notice
as required. |
$300 per week, or part thereof. |
3 |
Failure to submit the material
required by 327 IAC 8-4.1-9 within 60 days of the Effective Date. |
$200 per week, or part thereof,
past the 60-day deadline. |
4 |
Failure to deliver the Consumer
Notice of Lead Results in Drinking Water form to persons served. |
$300 per week, or part thereof. |
5 |
Failure to send to IDEM the Certification
Form to Consumer Notice of Lead Results. |
$300 per week, or part thereof. |
6 |
Failure to submit the “System
Basic Information Summary” document in the manner specified. |
$100 per week, or part thereof. |
10.
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.
11.
Civil and stipulated penalties are
payable by check to the “Environmental Management Special Fund.” Checks shall
include the Case Number 2020-26847-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 |
12.
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.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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.
19.
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.
20.
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 |
Jim Hinds dba Big Maple Mobile
Home Park |
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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 September 24, 2020 |
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Martha Clark Mettler |
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Assistant Commissioner |
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Office of Water Quality |