2.                  Pursuant to 327 IAC 2-6.1-7, any person who operates, controls or maintains any mode of transportation or facility from which a spill occurs shall, upon discovery of a reportable spill to the soil or surface waters of the state, contain the spill, if possible, to prevent additional spilled material from entering the waters of the state; undertake or cause others to undertake activities needed to accomplish a spill response; and as soon as possible, but within two hours of discovery, communicate a spill report to the Department of Environmental Management, Office of Environmental Response. 

A reportable spill of animal manure from the Site into Ashcraft ditch and Thompson ditch, waters of the state, occurred on or about October 6, 2003 and was not properly contained and reported by Arthur Gilt Farms, L.L.C., in violation of 327 IAC 2-6.1-7.

3.                  Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil, or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges that will settle to form putrescent or otherwise objectionable deposits, that are in amounts sufficient to be unsightly or deleterious, that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance, which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants, or humans, and which are in concentrations or combinations that will cause or contribute to the

 growth of aquatic plants or algae to such a degree as to create a nuisance. 

Arthur Gilt Farms, L.L.C. caused and/or allowed the discharge of animal manure from the Site on or about October 6, 2003, into Ashcraft ditch and Thompson ditch, waters of the state, that settled to form putrescent or otherwise objectionable deposits, that was in an amount sufficient to be unsightly or deleterious, that produced color, visible oil sheen, odor, or other conditions in such degree to create a nuisance, which was in amounts sufficient to be acutely toxic to, or otherwise severely injure or kill aquatic life, other animals, plants or humans, in violation of 327 IAC 2-1-6(a)(1).

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

Arthur Gilt Farms, L.L.C. caused and/or allowed the discharge of animal manure, a pollutant, from the Site on or about October 6, 2003, into Ashcraft ditch and Thompson ditch, waters of the state, without a valid NPDES permit and without meeting any of the exclusions in 327 IAC 5-2-4, in violation of 327 IAC 5-2-2.

5.         Pursuant to IC13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of             the streams or waters of this state, or to cause, permit, or suffer to be thrown, run, drained, allowed to seep,             or otherwise disposed into any waters, any organic or inorganic matter that causes or contributes to a polluted            condition of any waters, as determined by a rule of the board adopted under IC 13-18-4-1 and IC 13-18-4-          3. 

Arthur Gilt Farms, L.L.C. caused and/or allowed the discharge of animal manure, an organic matter, from the Site on or about October 6, 2003, into Ashcraft ditch and Thompson ditch, waters of the state, in violation of 327 IAC 2-6.1-7, 327 IAC 2-1-6(a)(1) and/or 327 IAC 5-2-2, and thus violated   IC 13-18-4-5.

6.      Pursuant to IC 13-30-2-1(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 or which would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

Arthur Gilt Farms, L.L.C. caused and/or allowed the discharge of animal manure, a contaminant or waste, into the environment from the Site on or about October 6, 2003, in violation of 327 IAC 2-6.1-7, 327 IAC 2-1-6(a)(1) and/or 327 IAC 5-2-2, and thus violated IC 13-30-2-1(1).

7.      Pursuant to 327 IAC 16-9-5(b) the operating record must contain all applicable records from the following:  327 IAC 16-9-1(e) regarding completed self-monitoring records for three (3) years; 327 IAC 16-10-1, regarding minimum acreage records; 327 IAC 16-10-2(c), regarding land application records for five years; 327 IAC 16-10-5(c), regarding marketing and distribution records for three years; and documentation of            any spill response implemented in accordance with 327 IAC 16-9-4(a)(3) by confined feeding operation personnel within the past five years.

            The operating record of Arthur Gilt Farms, L.L.C. on or about October 6, 2003, did not contain all applicable records from 327 IAC 16-10-2(c), regarding land application records for five years.

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violations may exist and offers an opportunity to enter into an Agreed Order providing for the action 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.

As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violations occurred.  IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation.  Timely settlement by Agreed Order may result in a reduced civil penalty.  Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.

If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violation[s] and requiring the payment of 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 Craig Henry at 317/233-1136 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 6/14/04

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc:  Hancock County Health Department

      Hancock County Public File, L file

      www.in.gov/idem