AMENDED NOTICE OF VIOLATION

 

 

Via Certified Mail# _________________ __________________________

To: Mr. Laverne Rollison Mr. Brian Lee Kollmeyer, President

RR 2, Box 7 Bloomfield Processing, Inc.

Bloomfield, IN 47424 RR5, Box 190 A

Bloomfield, IN 47424

 

Case No. 2001-10504-W

A designated representative of the Indiana Department of Environmental Management (IDEM) conducted a site investigation on February 20, 2001, of the Bloomfield Processing, Inc. (Bloomfield Processing) facility in Bloomfield Indiana. Because certain violations were identified through that investigation, a Notice of Violation (NOV) was issued June 19, 2001, to Bloomfield Processing. Bloomfield Processing operates the business at the above location, and leases the building from Laverne Rollison. This Amended Notice of Violation includes Laverne Rollison, who was not named in the original NOV in this case. Bloomfield Processing and Laverne Rollison have been found in violation of the following environmental rules and statutes:

Pursuant to IC 13-30-2-1, no person may 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 which causes or would cause pollution which violates rules, standards, or discharge or emission requirements adopted by the appropriate board pursuant under this title.

Pursuant to 327 IAC 5-2-2, any discharge of pollutants into the 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.

Body fluids and clean up water generated by Bloomfield Processing are discharged to an earthen pit on the site. A discharge pipe installed by

 

 

Amended Notice of Violation 2001-10504-W

Page 2

Laverne Rollison from the area of this pit allowed a discharge of wastewater from Bloomfield Processing to the ground and a nearby ditch, without a valid NPDES permit, in violation of 327 IAC 5-2-2, a rule adopted by the Water Pollution Control Board, and thus also in violation of IC 13-30-2-1.

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.

 

This Amended Notice is subsequent to the settlement conference held October 31, 2001, with both Laverne Rollison and Brian Kollmeyer. Please contact Paul Cluxton at 317/232-8432 with any questions. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

 

For the Commissioner:

Date: _______________ __(Signed November 30, 2001)____

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

 

Enclosure