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STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. MR. JERRY JENNINGS, d/b/a 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.
I.
FINDINGS OF FACT
1.
Complainant is
the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management (“IDEM”), a department of the State of
2.
Respondent is
Mr. Jerry Jennings, d/b/a Woodview Mobile Home Park (“Respondent”), which
owns/operates the Woodview MHP 0.0096 MGD extended aeration Wastewater
Treatment Plant (WWTP) and which is authorized to discharge wastewater subject
to National Pollutant Discharge Elimination System (“NPDES”) Permit No.
IN0039560, and which is located on
3.
IDEM has
jurisdiction over the parties and the subject matter of this action.
4.
Pursuant to IC
13-30-3-3, IDEM issued a Notice of Violation on May 24, 2007, via Certified
Mail to Mr. Jerry Jennings, d/b/a Woodview Mobile Home Park.
5.
Respondent’s
WWTP facility consists of a lift station at the headworks, a surge tank with
bypass to the polishing pond, fine screening, an aeration tank and secondary
clarifier. The flow is monitored with an effluent ultrasonic flow meter. Disinfection is by effluent chlorination with
a 2-day terminal lagoon utilized to meet final effluent residual chlorine
effluent limitations via natural dissipation.
The WWTP serves approximately 45 mobile homes and one house.
6.
During an
investigation conducted by a representative of IDEM, the following violations
were found:
A. Pursuant to 327
Part I.A.1 of the Permit
contains numeric effluent limitations and monitoring requirements applicable to
the discharge from the WWTP via Outfall 001.
Respondent failed to meet the numeric effluent limitations contained in
the Permit, as reported by Respondent on Discharge Monitoring Reports (DMRs)
submitted from May 2004 through February 2007 and specified below, in violation
of 327 IAC 5-2-8(1) and Parts I.A.1 and II.A.1 of the Permit:
a.
The daily average minimum effluent limitation for Dissolved
Oxygen for the months of May, June, July, and August 2006.
b.
The monthly average and weekly maximum concentration effluent
limitations for Total Suspended Solids for the month of October 2005.
c.
The monthly average concentration effluent limitation for
Ammonia-Nitrogen for the months of July and August 2005, and June and August
2006.
d.
The weekly maximum average concentration effluent limitation
for Ammonia-Nitrogen for the months of June, July, August, September, October,
and November 2005, and January, March, April, June, July, and August 2006, and
February 2007.
e.
The daily minimum concentration effluent limitation for
Residual Chlorine at the end of the Chlorine Contact Tank for the months of May
and August 2006.
f.
The monthly average and daily maximum concentration effluent
limitations for Residual Chlorine at Outfall 001 for the months of August and
September 2006.
g.
The monthly average effluent limitation for E.Coli
for the months of May, June, July, August, September, and October 2005.
B. Pursuant to 327 IAC
5-2-8(8), the permittee shall at all times maintain in good working order and
efficiently operate all facilities and systems (and related appurtenances) for
collection and treatment that are installed or used by the permittee, and
necessary for achieving compliance with the terms and conditions of the permit.
Pursuant to Part II.B.1 of
the Permit, all waste collection, control, treatment, and disposal facilities
shall be operated in a manner such that, among other requirements, at all
times, all facilities are operated as efficiently as possible and in a manner
which will minimize upsets and discharges of excessive pollutants.
Respondent failed to
maintain its WWTP and/or to operate it as efficiently as possible, evidenced as
specified below, in violation of 327 IAC 5-2-8(1), 327 IAC 5-2-8(8), and Parts
II.A.1 and II.B.1 of the Permit:
1. IDEM’s documentation on its inspection
report that the polishing pond had a large accumulation of sludge on September
20, 2005, that needed to be removed because it was likely impacting the
effluent ammonia-nitrogen; and
2. IDEM’s documentation on its inspection
report of poor housekeeping evidence of trash solids from influent fine screens
on the ground, operation was unsatisfactory due to the WWTP appearing to have
very little biomass due to washout of solids, maintenance was unsatisfactory
due to reported flows suggesting severe inflow/infiltration in wet weather that
causes washout of the plant into the final polishing pond, and there was
excessive sludge in the final polishing pond on March 2, 2007.
C. Pursuant to Part I.B.4.b.4 and Part I.B.6 of the Permit, samples
must be flow proportioned composites and the sample log should contain all
required information.
IDEM documented on its
inspection report March 2, 2007, that Respondent failed to flow proportion
composite samples of the discharge in violation of Part 1.B.4.b.4 of the
Permit, and Respondent’s sample log did not contain all the detailed
information in violation of Part I.B.6 of the Permit.
7. 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 (“Effective Date”) when it is approved by Complainant
or Complainant’s delegate, and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall
comply with rules and/or permit conditions listed in the findings above at
issue.
3. Within
30 days of the Effective Date, Respondent shall develop and submit to IDEM for approval
a “Compliance Plan” which identifies actions that Respondent will take to
achieve and maintain compliance with its NPDES Permit, specifically including
the actions Respondent will take to:
a. evaluate
and implement means to consistently meet the effluent limits of the NPDES
Permit;
b. conduct an
evaluation of the sanitary sewer collection system to identify sources of
inflow and infiltration (I&I) and perform the necessary corrective actions
to reduce I&I and cease hydraulic overloading of the WWTP during wet
weather;
c. implement
proper removal, storage and disposal of wastewater solids from the influent
fine screens and the final polishing pond; and
d. implement
routine completion of the sample log and sample flow proportioning requirements
of the Permit.
The Compliance
Plan shall include an implementation and completion schedule, including
specific milestone dates.
4. Respondent
shall, within six months of completion of the Compliance Plan required by
Paragraph 3 above (Performance Period), demonstrate five consecutive months of
compliance (Compliance Demonstration) with the effluent limitations and above
requirements contained in its NPDES Permit.
During the Performance Period, Respondent shall be subject to stipulated
penalties, as specified below, for violations of the effluent limitations or
requirements of the Permit. In the event
that Respondent fails to make the Compliance Demonstration, Respondent shall,
within sixty days of becoming aware that the Compliance Demonstration cannot be
achieved, develop and submit to IDEM, for approval, an “Additional Action Plan”
which identifies the additional actions that Respondent will take to achieve
and maintain compliance with the effluent limitations and above requirements
contained in its NPDES Permit. The
Additional Action Plan, if required, shall include an implementation and
completion schedule, including specific milestone dates.
5. The
plans required by Paragraphs 3 and 4 above are subject to IDEM approval. In the
event IDEM determines that any plan submitted by Respondent is deficient or
otherwise unacceptable, Respondent shall revise and resubmit the plan to IDEM
in accordance with IDEM’s notice. After three submissions of such plan by
Respondent, IDEM may modify and approve any such plan and Respondent must
implement the plan as modified by IDEM.
Respondent,
upon receipt of written notification from IDEM, shall immediately implement the
approved plan and adhere to the milestone dates therein. The approved Compliance Plan and Additional
Action Plan shall be incorporated into the Agreed Order and shall be deemed an
enforceable part thereof. Failure by
Respondent to submit any plan by the specified date, or to meet any of the
milestones in the approved plan will subject Respondent to stipulated penalties
as described below. Failure to achieve
compliance at the conclusion of work under an Additional Action Plan will
subject Respondent to additional enforcement action.
6. Respondent
shall notify IDEM, in writing, within 10 days of completion of each action or
milestone contained in any plan approved by IDEM pursuant to this Agreed
Order. The notification shall include a
description of the action completed and the date it was completed.
7. All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
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Paul
Cluxton, Enforcement Case Manager |
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Office
of Enforcement – Mail Code 60-02 |
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Indiana
Department of Environmental Management |
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8.
Respondent is
assessed a civil penalty of Five Thousand Four Hundred Dollars ($5,400). The Civil Penalty shall be paid in the
following manner: Four (4) equal quarterly
payments of $1,350 each, due by: October
30, 2007; January 30, 2008; April 30, 2008; and July 30, 2008. Said penalty amounts shall be payable to the
Environmental Management Special Fund and mailed to the address in Paragraph 11
of this Agreed Order. In the event that
the civil penalty payments are not paid when due, 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.
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:
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Paragraph |
Violation |
Stipulated Penalty |
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3 |
Failure
to submit compliance plan within the required time period. |
$250
per week late, or part thereof. |
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4 |
Failure to comply with the effluent limitations and requirements of the permit
after completion of the Compliance Plan. |
$500 per violation event. |
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4 5 5 6 |
Failure to submit Additional Action Plan within the
required time period, if required. Failure to revise and resubmit any plan required
pursuant to this Agreed Order, as required. Failure to implement the approved Plan or to meet
the approved milestone dates. Failure to notify IDEM, in writing, within 10 days
of completion of each action contained in the approved plan. |
$250 per week late, or part thereof. $250 per week late, or part thereof. $500 per week late, or part thereof. $250 per week late, or part thereof. |
10.
Stipulated
penalties shall be due and payable within thirty (30) days after Respondent
receives written notice that Complainant has determined a stipulated penalty is
due. Assessment and payment of
stipulated penalties shall not preclude Complainant from seeking any additional
relief against Respondent for violation of this Agreed Order. In lieu of any of the stipulated penalties
set out above, Complainant may seek any other remedies or sanctions available
by virtue of Respondent’s violation of this Agreed Order or Indiana law,
including, but not limited to, civil penalties pursuant to IC 13-30-4.
8.
Civil and
stipulated penalties are payable by check to the “Environmental Management
Special Fund.” Checks shall include the
Case Number of this action and shall be mailed to:
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Indiana
Department of Environmental Management |
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Cashier
– Mail Code 50-10C |
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9.
This Agreed
Order shall apply to and be binding upon Respondent and 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.
10.
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.
11.
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.
12.
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 permit or any applicable Federal
or State law or regulation.
13.
Complainant does
not, by its 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.
14.
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 NOV.
15.
Nothing in this Agreed
Order shall prevent IDEM from communicating with the 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 EPA or any other agency or
entity.
16.
This Agreed
Order shall remain in effect until Respondent has complied with the terms and
conditions of Order Paragraph Nos. 3 through 11 and IDEM issues a Resolution of
Case letter.
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TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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Jerry Jennings, d/b/a Woodview MHP |
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By: |
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By: |
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Mark W. Stanifer, Chief |
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Printed: |
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Water Enforcement Section |
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Office of Enforcement |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental Management |
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By: |
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By: |
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Deputy Attorney General |
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Date: |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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OF |
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, 2007. |
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For the Commissioner: |
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Signed on August 31, 2007 |
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Robert B. Keene |
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Assistant Commissioner |
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Office of Legal Counsel and Enforcement |
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