STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

GENERAL MOTORS CORPORATION,

Respondent.

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Case No. 2006-15323-W

 

AGREED ORDER

 

The Complainant and the 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 IC 13-30-3-3(c), 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, a department of the State of Indiana created by Indiana Code (IC) 13-13-1-1.

 

2.                  Respondent is General Motors Corporation (“Respondent”), which owns and operates a Class D Industrial wastewater treatment plant (“WWTP”), at the GM Powertrain-Bedford Facility located at 105 GM Drive in Bedford, Lawrence County, Indiana (the “Site”).

 

3.                  Respondent’s NPDES permit No. IN0003573 (the “Permit”), effective April 1, 2004, authorizes Respondent to discharge from the WWTP Outfall 002 to receiving waters identified as an unnamed tributary to the Bailey Branch of Pleasant Run Creek in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in the Permit.

 

4.         The Indiana Department of Environmental Management (“IDEM”) has jurisdiction over the parties and subject matter of this action.

 

5.         Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) on March 29, 2006, via Certified Mail to Mr. G. Richard Wagoner, Jr., CEO of General Motors Corporation, and C.T. Corporation, Registered Agent.

 

6.                  A review of records pertaining to the Site was conducted by a representative of IDEM.  The violations described in Findings Paragraph Nos. 7 through 9 below were noted at the time of this record review and were cited in the NOV.

 

7.         Pursuant to 327 Indiana Administrative Code (“IAC”) 5-2-8(1) and Part II.A.1 of the Permit, the permittee shall comply with all terms and conditions of its permit.

 

8.         Pursuant to 327 IAC 5-2-8(1), Part II.A.1 of the Permit, 327 IAC 5-2-8(8), and Part II.B.1 of the Permit, Respondent is required to, at all times, maintain in good working order and efficiently operate all waste collection, control, treatment, and disposal facilities.

 

9.         Part I.A.1 of the Permit contains the final effluent limitations applicable to the discharge from Respondent’s WWTP at Outfall 002.

Discharge Monitoring Reports and Monthly Reports of Operation submitted by Respondent to IDEM for the period between October 2004 and November 2005 reveal that the Respondent failed to meet final effluent limitations contained in Part I.A.1 of the Permit as follows:

 

The daily maximum and monthly average concentration effluent limitations for Biochemical Oxygen Demand (BOD5) were exceeded in January, March, April, June, August, September and October of 2005.

 

The monthly average concentration effluent limitation for Ammonia Nitrogen (NH3) was exceeded in April of 2005.

 

Respondent's failure to meet effluent limitations contained in the Permit is in violation of 327 IAC 5-2-8(1), Part II.A.1 of the Permit, Part I.A.1 of the Permit, 327 IAC 5-2-8(8), and Part II.B.1 of the Permit.

 

10.       Discharge Monitoring Reports (DMRs) submitted by Respondent for the period of December 2005 through March 2006 reveal that Respondent failed to comply with the daily maximum and the monthly average effluent limitations for Biochemical Oxygen Demand (BOD5) in the months of December, 2005 and January and February, 2006.  The March, 2006 BOD monthly average was 17 mg/l, which was a minor exceedance of the 15 mg/l monthly average effluent limitation.  These violations were not cited in the March 2006 Notice of Violation.  The Respondent waives issuance of a Notice of Violation and to the settlement period of 60 days as provided for by IC 13-30-3-3 for these violations.

 

11.             On April 19, 2006, Respondent submitted to IDEM the following:

 

a.                  Chronological summary of the numerous corrective and preventative actions taken from February, 2005 through April, 2006 to address the BOD exceedances.

b.                  Copies of the monthly DMRs that addressed corrective actions taken during each particular month.

c.                  Copies of Respondent’s responses to IDEM’s prior Violations Letters on this issue.

 

12.             Respondent has submitted a DMR for the month of April, 2006 which demonstrates compliance with the BOD permit limits.  It is Respondent’s position that the series of corrective and preventative actions resulted in Respondent achieving compliance with the BOD permit limits as of April, 2006.  Data from May, reported to IDEM, confirms continued compliance with the BOD permit limits.

 

13.             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 (the “Effective Date”) when it is approved by the Complainant or his delegate, and has been received by the Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  The Respondent is assessed a civil penalty of Twenty One Thousand Eight Hundred Seventy Dollars ($21,870).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date.

 

3.         The civil penalty is payable by check to the Environmental Management Special Fund.  The check shall include the Case Number (2006-15323-W) of this action and shall be mailed to:

 

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50-10C

100 N. Senate Avenue

Indianapolis, IN 46204-2251

 

4.         In the event that the civil penalty required by Order Paragraph 2, is not paid when due, the Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.  The interest shall continue to accrue until the civil penalty is paid in full.

 

5.         This Agreed Order shall apply to and be binding upon the Respondent, its successors, and assigns.  The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent.  No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

6.         In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.

 

7.         The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.

 

8.                  This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit, nor shall it in any way relieve Respondent of its obligation to comply with the applicable requirements of federal or state law or regulation.

 

9.         The Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit or 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 the Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

 

10.       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 seek additional civil penalties for the violations specified in the Notice of Violation or the above Findings of Fact.

 

11.       Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the United States Environmental Protection Agency (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 the Respondent may incur as a result of such communications with the EPA or any other agency or entity.

 

12.       This Agreed Order shall remain in effect until the Respondent complies with the terms of Order Paragraph Nos. 2 through 4.  IDEM will promptly issue a Close-Out letter to the Respondent.

 

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TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

General Motors Corporation

 

 

 

By:

 

 

By:

 

 

Mark Stanifer

 

Printed:

Thomas W. Nulands

 

Water Enforcement Section

 

Title:

Group Director

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

 

 

 

 

By:

 

 

By:

 

 

J. C. Alexander

 

 

Laura L. Fitzpatrick

 

Office of Legal Counsel

 

 

Attorney, General Motors Corp.

Date:

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2006.

 

 

For The Commissioner:

 

 

 

Signed on August 9, 2006

 

Linda Runkle

 

Assistant Commissioner

 

of Legal Affairs